36C25723B0008_Solicitation.pdf

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)

SOLICITATIONSOLICITATION

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.

36C25723B0008 X 04/14/2023

674A4-20-102

Department of Veterans Affairs (NCO17) Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Building #171 Temple TX 76504

Department of Veterans Affairs (NCO 17) Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple TX 76504

Andres Garcia 254-899-6066

CONSOLIDATE OUTPATIENT CLINIC BLDG. 1, PROJECT# 674A4-20-102

Contractor shall provide all necessary labor, materials, equipment, and supervision to complete all required project work in accordance with the provided SOW located at the Doris Miller VAMC, 4800 Memorial Drive, Waco, TX 76711.

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

Magnitude of the Construction Project: Between $10,000,000 and $20,000,000.

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

Pre-Bid Site Visit shall be held on April 27, 2023 at 10:30 am CST. All interested Contractors shall meet at the Doris Miller VAMC, 4800 Memorial Drive, Waco, TX 76711, Building 1 South Side.

Site visit RFI(s)/Questions shall be submitted no later than May 5, 2023 by 11:00 am CST. All RFI(s)/Questions shall be submitted via email to andres.garcia1@va.gov.

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: andres.garcia1@va.gov.

by the date and time as stated in Block 13a below.

10 365 x x 52.211-10

X 10

0 11:00 am CST

06-02-2023

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 (NCO 17) 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

36C25723B0008

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

A.3 SCHEDULE OF PRICES/DESCRIPTION

A.4 SOW

A.5 Drawings and Specifications A.6 VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors A.7 Special Standard of Responsibility

A.8 INSTRUCTIONS FOR CALCULATION OF SELF-PERFORMED WORK IAW

“Limitations on Subcontracting” (VAAR 852.219-75) A.9 COVID-19 Bid Submission Instructions

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.4 52.228-1 BID GUARANTEE (SEP 1996)

2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

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

REPRESENTATIONS AND CERTIFICATIONS

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

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

4.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

4.3 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.4 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (NOV 2021)

4.5 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

4.6 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(OCT 2022)

4.8 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.9 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.13 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

4.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

4.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.17 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.18 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..56

4.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.22 MANDATORY WRITTEN DISCLOSURES

WAGE DETERMINATION

A.3 SCHEDULE OF PRICES/DESCRIPTION

CONSOLIDATE OUTPATIENT CLINIC BLDG. 1, Project No. 674A4-20-102

DESCRIPTION: Contractor shall provide all labor, materials, equipment, supervision and testing for, Consolidate Outpatient Clinic to Building 1 in strict accordance with the SOW, Specifications, and Drawings. Project is located at the Doris Miller VAMC, 4800 Memorial Drive, Waco, TX 76711.

** NOTE: Award shall be made on the Base Bid unless the base bid is less than the allocated funding for the project. If the base bid is less than allocated funding, award shall be made on the basis of a Bid Add Alternate(s) beginning with Bid Alternate #1 and proceeding through Bid Alternate #3 in order to accommodate allocated funding. Offerors must bid all items in order to be considered.

FAR 36.205 Statutory Cost Limitations states: Solicitations containing one or more items subject to statutory cost limitations shall state - The applicable cost limitation for each affecting item in a separate schedule; That an offer which does not contain separately-prices schedules will not be considered; and that the price on each schedule shall include an approximate apportionment of all estimated direct costs, allocable indirect costs, and profit.

BASE BID ITEM:

ITEM UNIT TOTAL

NO. DESCRIPTION OF SERVICE QTY PRICE AMOUNT

0001 BASE BID 1 JB $__________ $__________

Provide all necessary labor, materials, equipment, supervision, and testing for, Consolidate Outpatient Clinic to Building 1.

Work includes but is not limited to, renovations to basement and first floor located at the Doris Miller VAMC, Waco, TX, in accordance with the provided sow, specifications, and drawing(s).

(SEE A.4 SOW, SECTION 2a, BASE BID).

0002 PERFORMANCE AND PAYMENT

BONDS 1 EA $__________ $_________

TOTAL (0001 & 0002) $__________

Total number of days for completion: 365 calendar days

BID ALTERNATE #1 + (Base Bid + Add Alternate #1):

0003 AND TO INCLUDE ADDITION OF ADD ALT. #1 1 JB $__________ $__________

Provide all necessary labor, materials, equipment, supervision, and testing for, Consolidate Outpatient Clinic to Building 1 as stated in base bid and to include all work shown to renovate Second Floor located at the Doris Miller VAMC, Waco, TX, in accordance with the provided sow, specifications, and drawing(s).

(SEE A.4 SOW, SECTION 2b, ADD ALTERNATE 1).

0004 PERFORMANCE AND PAYMENT BONDS 1 EA $__________ $__________

TOTAL (0003 &0004) $__________

BID ALTERNATE #2 + (Base Bid + Add Alternate #1 + Add Alternate #2):

0005 AND TO INCLUDE ADDITION OF ADD ALT. #2 1 JB $__________ $__________

Provide all necessary labor, materials, equipment, supervision, and testing for, Consolidate Outpatient Clinic to Building 1 as stated in base bid, bid alternate 1, and to include all work shown to renovate Third Floor located at the Doris Miller VAMC, Waco, TX, in accordance with the provided sow, specifications, and drawing(s).

(SEE A.4 SOW, SECTION 2c, ADD ALTERNATE 2).

0006 PERFORMANCE AND PAYMENT BONDS 1 EA $_________ $_________

TOTAL (0005 & 0006) $__________

BID ALTERNATE #3 + (Base Bid + Add Alternate #1 + Add Alternate #2, and Add Alternate #3):

0007 AND TO INCLUDE ADDITION OF ADD ALT. #3 1 JB $__________ $__________

Provide all necessary labor, materials, equipment, supervision, and testing for, Consolidate Outpatient Clinic to Building 1 as stated in base bid, bid alternate 1, bid alternate 2, and to include all work shown to complete a new concrete parking lot the Doris Miller VAMC, Waco, TX, in accordance with the provided sow, specifications, and drawing(s).

(SEE A.4 SOW, SECTION 2d, ADD ALTERNATE 3).

0008 PERFORMANCE AND PAYMENT BONDS 1 EA $__________ $__________

TOTAL (0007 & 0008) $__________

A.4 SOW

STATEMENT OF WORK

CONSOLIDATE OUTPATIENT CLINIC BLDG. 1

674A4-20-102

1. SCOPE: Provide all labor, supervision, materials, equipment, for Project located in Waco, TX.

2. STATEMENT OF BID ITEMS:

a. BASE BID: Contractor to provide all labor, materials, equipment, supervision and testing for, Consolidate Outpatient Clinic to Building 1 as described in the Contract Documents work includes but is not limited to, Renovations to Basement and First Floor, General construction, new wall, floor and ceiling finishes, new partitions, doors and frames and other Architectural work, Structural improvements, new elevators and stairwell extension to access upper floors, new Fire Protection, Mechanical, Electrical, Plumbing systems, exterior sitework improvements to include new entrance, new drive and drop-off lanes, walks and other related items, new low voltage systems including access control, security systems and certain other items.

b. ADD ALTERNATE 1, All work described in BASE BID and all work shown to renovate Second Floor and as described in the Contract Documents.

c. ADD ALTERNATE 2, All work described in BASE BID and ADD ALTERNATE 1 and all work shown to renovate Third Floor and as described in the Contract Documents.

d. ADD ALTERNATE 3, All work described in BASE BID and ADD ALTERNATES 1 and 2 and all shown for completion of new concrete parking lot and as described in the Contract Documents.

3. CONTRACTOR RESPONSIBILITIES: The Contractor shall exercise extreme care to avoid damaging Government property such as buildings, equipment, trees, shrubs, or turf.

Any damage to Government property by the Contractor shall be repaired by the Contractor to its original condition at no additional cost to the Government. The contractor shall restore ALL disturbed grounds to existing conditions. The Contractor shall ensure that all materials are new, free from defects, imperfections and asbestos free (NO ASBESTOS

CONTAINING MATERIALS SHALL BE USED ON THIS PROJECT).

4. SCHEDULE OF WORK: The Contractor shall notify the Contracting Officer’s Representative (COR), prior to start of work. The Contractor shall schedule work through the COR. The Contractor shall coordinate work with COR NLT 3 days before starting work. Work shall be completed with-in 365 days of issuance of notice to proceed. The contractor shall execute work in a manner so as not to impede other contract work.

5. HOURS OF WORK: The normal hours of work are 07:00 am to 4:30 pm Monday through Friday. Work shall be performed during normal work hours. Work performed in other than normal hours shall be approved by the Contracting Officer’s Representative and Contracting Officer.

6. WORKMANSHIP: All work under this contract shall conform to the standards of these specifications. The Contractor at no additional cost to the Government shall correct work not meeting these specifications. Work shall be accomplished by mechanics skilled in the trade.

7. WEEKLY PROGRESS REPORTS: The Contractor shall provide weekly to COR.

8. WORKING CONDITIONS: The buildings and the surrounding site areas will be occupied and Government operations will continue on a 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 and its occupants during the construction period.

9. SITE VISIT: The Contractor shall visit the site to determine the full extent of the work. Failure to inspect the site will not constitute grounds for a claim after contract award. Site visit information is available under FAR Clause 52.236-27.

10. DISPOSAL: Disposal of materials removed under this contract made to an approved disposal site in accordance with all local, state, and federal laws, regulations, and guidelines are the Contractor’s sole responsibility. The contractor shall adhere to all OSHA requirements concerning removal, transporting, and disposal of the material.

11. CLEAN-UP: The Contractor shall keep the area neat and tidy and free of debris at the end of each workday.

12. TEMPORARY FACILITIES: Temporary electrical power and water may be provided by the Government at no cost to the Contractor from existing lines and sources located at the building site. The characteristics and source locations may be verified by a visit to the site. The Contractor shall provide ample temporary storage shed space for materials requiring shelter from the weather, and security and safety protection. Storage facilities shall be located in the areas of the facility designated by the Contracting Officer’s Representative.

13. SAFETY AND FIRE: All fire and safety rules and regulations are applicable; NFPA and SBCCI dated 1999. The Contractor shall comply with EM385-1-1 dated 1987 for minimum safety requirements.

14. PERMITS: The Contractor shall be responsible for obtaining any licenses and permits and complying with any laws, codes, and regulations applicable to the execution of this work as required Federally and by the State of Texas.

15. WARRANTEE: The contractor shall warrantee work to be free of defects and workmanship for a period of 1 year from date of acceptance and as described in the Specifications.

16. STATEMENT OF WORK: The Contractor shall perform all work described in the Contract, including installation for all materials and components.

17. QUALITY ASSURANCE: The Contracting Officer reserves the right to conduct any inspections or perform any tests deemed necessary at any time during the execution of the contract to determine conformance with the requirements of theses specifications.

18. SUBMITTALS: The contractor shall provide in accordance with Contract Documents.

END OF SECTION

A.5 Drawings and Specifications See attached document: VAWO OPC_100 Drawings_Vol1of2_221012.

See attached document: VAWO OPC_100 Drawings_Vol2of2_221012.

See attached document: VAWO OPC_Specs_Vol1of3_221012.

See attached document: VAWO OPC_Specs_Vol2of3_221012.

See attached document: VAWO OPC_Specs_Vol3of3_221012.

A.6 VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

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

a. Documentation requirements:

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

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

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date.

Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

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

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

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

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

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

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

A.7 Special Standard of Responsibility Solicitation Submittal Requirements:

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 zero to three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years.

2. 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.

3. Limitation on Subcontracting:

IAW VAAR 852.219-74 each offeror will review the clause and complete the certificate included in the clause. This certificate will be complete prior to solicitation closing and submitted with the proposal documents. Failure to comply with this requirement will result in removal of proposal for consideration for award.

A.8 INSTRUCTIONS FOR CALCULATION OF SELF-PERFORMED WORK

IAW “Limitations on Subcontracting” (VAAR 852.219-75)

OFFEROR’S SELF PERFORMED ESTIMATED CALCULATIONS

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

a) Offeror’s total proposed price: $ __________

b) Amount projected to be paid to non *VetCert listed SDVOSBs: $ __________

c) Offeror’s percentage of estimated Non *VetCert work (b/a X 100 = %) __________%

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

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 SBA Certified 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 SBA Certified 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 SBA Certified SDVOSBs.

*SBA certification database on the SBA Veterans Small Business Certification Program (VetCert) portal at https://veterans.certify.sba.gov/]

A.9 COVID-19 Bid Submission Instructions

COVID-19 Bid Submission Instructions

A. In order to comply with Federal mandate to limit Face-to-Face interaction and/or Social Distancing hard copy bid package(s) shall not be submitted via FedEx, UPS, or Hand Deliver to the Contracting Office. All bid packages shall be submitted via email to the following email address: andres.garcia1@va.gov, by the specified Bid Closing date and time.

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

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS DEC 2016

52.214-4 FALSE STATEMENTS IN BIDS APR 1984

52.214-5 SUBMISSION OF BIDS DEC 2016

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS APR 1984

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS

NOV 1999

52.214-18 PREPARATION OF BIDS—CONSTRUCTION APR 1984

52.214-19 CONTRACT AWARD—SEALED BIDDING—

CONSTRUCTION

AUG 1996

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

OCT 2018

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:

Goals for minority participation for each trade

Goals for female participation for each trade

20.7 % 6.9 % 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

McLennan County Waco, TX

(End of Provision)

2.4 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)

2.5 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)

2.6 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:

Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Building 171 Temple TX 76504 Mailing Address:

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)

2.7 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—

April 27, 2023 at 10:30 am CST

(c) Participants will meet at—

Doris Miller VAMC, 4800 Memorial Drive, Waco, TX 76711, Building 1 South Side.

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

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

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

2.9 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)

2.10 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.

REPRESENTATIONS AND CERTIFICATIONS

FAR

Number

Title Date

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC

2022) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

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

(3) The small business size standard for a concern 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

FAR Clause # Title Date Change

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 packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered…