36C25723B0017_1.docx

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Z2DA--STX Renovate CLC Halls and Walls 2nd Floor Project Number: 671-20-122
Solicitation number
36C25723B0017
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This solicitation requests bids for construction services to renovate the second floor halls and walls of a Community Living Center at the South Texas Veterans Health Care System campus in San Antonio, Texas. The solicitation specifies a project number, estimated price range between $1,000,000 to $5,000,000, and sets the opportunity aside 100% for Service-Disabled Veteran-Owned Small Businesses. Interested contractors must attend a pre-bid site visit and submit all bids electronically to the contracting officer no later than the response date provided. The solicitation includes requirements for bid guarantees, performance and payment bonds, and certifications to be completed and submitted with bids.

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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.

36C25723B0017 X 03-10-2023 671-20-122 36C257 Department of Veterans Affairs (NCO 17) Network Contracting Office (NCO) 17 Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Building #171 Temple

TX

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

TX

76504 Jennifer Stringer 512-949-1553 Renovate CLC 2nd Floor (Halls and Walls), Project # 671-20-122

Contractor shall provide all necessary labor, materials, equipment, and supervision to complete all required project work in accordance with the provided SOW located at 7400 Merton Minter Blvd., San Antonio TX 78229.

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

Magnitude of the Construction Project: Between $1,000,000 and $5,000,000.

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

Pre-Bid Site Visit shall be held on March 16th, 2023, at 9:30 AM CST. All interested contractors shall meet at the Engineering Conference Room, E002, basement level Audie Murphy Hospital, 7400 Merton Minter Blvd., San Antonio TX 78229.

Site visit RFI(s)/Questions shall be submitted via email no later than March 24, 2023, by 5:00 pm CST to jennifer.stringer@va.gov. Answers to RFIs will be posted in sam.gov as an amendment, no later than March 28, 2023.

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: jennifer.stringer@va.gov.

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

X X 52.211-10 X 11:00

CDT

04-03-2023 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 Jennifer Stringer Contracting Officer

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 PRICE/COST SCHEDULE5
ITEM INFORMATION5
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS13
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS16
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)21
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)21
2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)21
2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)23
2.5 52.228-1 BID GUARANTEE (SEP 1996)24
2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)24
2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)25
2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)25
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)26
2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)26
2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)26
2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)27
REPRESENTATIONS AND CERTIFICATIONS28
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)28
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)32
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)34
3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)36
3.5 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020)38
GENERAL CONDITIONS40
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)40
4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)40
4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)41
4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)42
4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)42
4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)45
4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)46
4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)47
4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS52
4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)52
4.11 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)55
4.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)55
4.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)60
4.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)62
4.15 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)63
4.16 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)64
4.17 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)64
4.18 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)64
4.19 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)66
4.20 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)66

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0001
Renovate CLC 2nd Floor (Halls and Walls)
1.00
JB
$_________
$___________

The contractor shall provide all labor, equipment, tools, materials, supplies and supervision to upgrade and replace existing halls and walls finishes. This will include, but is not limited to, removal of flooring materials, wall materials, wall and door protection, lockers, nurse’s station, window sills, millwork, patient bed lighting, relocation of sprinkler heads, HVAC grilles and some lighting, in accordance with the Statement of Work.

0002
Payment Bond
1.00
EA
$_________
$___________
GRAND TOTAL
$___________

STATEMENT OF WORK

Renovate CLC 2nd Floor (Halls and Walls) South Texas Veterans Health Care System (STVHCS) Audie L. Murphy Medical Division Project # 671-20-122

1.0 SCOPE OF WORK: The contractor is to furnish all materials, labor, tools, equipment, transportation, and all other incidentals necessary to complete the work outlined in this Statement of Work (SOW) and to turn over to the Government a complete reclaimed/established area and usable system.

2.0 GENERAL: Contractors are highly encouraged to attend the site visit 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. The contractor shall attend a Pre-Construction Conference after contract is awarded and prior to issuance of the notice to proceed. The Government will notify the contractor when this conference will be held. Due to the demand for parking on site, the VA will not provide a laydown but the contractor may use space within their own worksite to house construction equipment and materials. The contractor will be allowed to store materials in this location at their own risk. They should secure their area at the end of each day as well as throughout the day to avoid unauthorized entry. This can be achieved by a contractor provided cipher lock that has key access or a standard lockset to be keyed to the VA construction access key. The COR will direct the contractor to the VA locksmith. It will be the responsibility of the Contractor to protect, remove and repair any damaged items that are not included in the contract; that receive damage as a result of the work being performed. Daily clean up and maintenance of the job site shall also be the responsibility of the Contractor. Contractor should ensure coverage or closure of their dumpster to avoid it being filled with debris by others. All construction materials and equipment shall be secured at the end of each workday by the Contractor as the Government will not be responsible for any damages to equipment or materials left unsecured by the Contractor. Unauthorized access to any area other than the work area is strictly prohibited. Job site safety shall comply with and to all latest OSHA standards. In the event historical items are found the Contractor shall immediately contact the Contracting Officer and wait for direction on how to proceed.

2.1. Program Office Points of Contact:

a. Contracting Officer’s Representative (COR): Rodrick D. Thomas, General Engineer – Engineering Service, 210-617-5129, rodrick.thomas@va.gov

3.0 DEMO: The purpose of this project is to provide all labor, equipment and materials to upgrade and replace existing halls and walls finishes. This will include, but is not limited to, removal of flooring materials, wall materials, wall and door protection, lockers, nurse’s station, window sills, millwork, patient bed lighting, relocation of sprinkler heads, HVAC grilles and some lighting. The Contractor shall haul demoed items off site when their dumpster is full. All environmental regulations shall be followed by the contractor during the course of this contract in accordance with Federal Government standards and policies when working on a federal government owned property.

4.0 INTERIOR UPGRADES AND REPAIR: Along with demo, the Contractor shall be responsible for replacing flooring, wall protection, painting, lockers, millwork, nurse’s station, door protection, signage, lighting, fire protection equipment and any HVAC equipment that was relocated due to the expansion of a space or to avoid an installation obstruction of another finish or system and repairing areas damaged during demo with the same or equal, matching material originally disturbed to a complete and usable area, acceptable by the VA. New conduit, wiring and LED fixtures shall be provided in accordance with the A-E’s drawings and specs. The contractor shall provide as-builts of the area to show all new work completed as well as paths of new conduit and utilities to new and relocated electrical fixtures as well as back to the panels they’re being fed from.

5.0 EXISTING CONDITIONS: Current finishes are outdated and in need of a refresh. Wall paint is neutral but does not lend to the overall mood of units for people with extended stays or who are making their final life transition.

6.0 SUBMITTALS: The Contractor shall provide required submittals as indicated on Schedule of Material Submittals (SMS). The Contractor shall submit to the Contracting Officer an approved location where refuse is to be dumped and manifest for hazardous materials for review and approval by VA Safety Office prior to removal from campus. A list of equipment to be used (front end loader, water and dump trucks, etc.) shall also be submitted as part of the SMS. In addition to the previous submittals the Contractor must also submit specifications and product info for electrical equipment. As-built drawings (redlines) shall also be listed on the SMS, which refers to locations of new lighting, conduit as well as wiring back to electrical panels. The contractor shall provide the number of copies for each submittal as listed in the SMS of all required submittals. The contractor shall provide material, schedule, and test results, for Government review. At the completion of work the Contractor shall notify and schedule with the Government pre-final and final inspections. Prior to the pre-final the contractor shall provide a set of redlines for Government review to be used as a mark-up set for the pre-final.

7.0 WORKING HOURS: Work shall be done during regular business hours. The Contractor may request night or weekend work which must be submitted and approved by the Contracting Officer, however there is no guarantee that those requests will be approved. Contractors shall plan for the following work hours:

Monday – Friday 0700 – 1600

8.0 STATEMENT OF WORK: Contractor is to provide a detailed Statement of Work (SOW). If there is conflicting information between the government’s SOW and the contractor’s SOW, then contractor’s SOW governs only if the SOW addresses those items in the government’s SOW. If the contractor’s SOW does not address those items in the government’s SOW, then the government’s SOW governs and will be enforced.

9.0 PERFORMANCE PERIOD: The period of performance is 240 calendar days for construction, 30 days for material submittals, ordering, and Government review, for a total of 270 calendar days. Separate Notices to Proceed (NTP) will be issued for each phase.

9.1 Coordinate with VA COR before the start of this service and completion. See information below:

A. Government Holidays:

(a) The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

New Year's DayJanuary 1st
Martin Luther King's BirthdayThird Monday in January

Washington’s Birthday Third Monday in February

Memorial DayLast Monday in May
JuneteenthJune 19th
Independence DayJuly 4th
Labor DayFirst Monday in September
Columbus DaySecond Monday in October

Veterans Day November 11th Thanksgiving Day Fourth Thursday in November Christmas December 25th

(b) In addition to the days designated as holidays, the Government observes the following days:

a. Any other day designated by Federal Statute

b. Any other day designated by Executive Order

c. Any other day designated by the President’s Proclamation

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

10.0 All work shall comply with all the most current Federal, State, Local, and environmental laws and regulations.

11.0 ADDITIONAL VA REQUIREMENTS: The VA COR will advise the contractor of the location and processes to obtain the following as needed:

A. Security: AE and Contractors shall be required to obtain and wear security badges in plain sight above the waist at all times. Contractors found without a badge will be immediately removed from VA property by VA Police. Allow 7 business days per worker to obtain a badge. Security badges are obtained through the COR.

B. Tuberculosis (TB): AE team members are responsible for TB testing of all workers scheduled to be on-site at the VA prior to the start of work. On-site workers will provide the VA Infection Control Nurse a copy of the TB test at the time of the infection control training provide by the VA. TB test must be within 90 days prior to assignment. Coordinate with the VA COR. TB training class is free and is a 20 min video.

C. Infection Control and Safety: The AE team, construction workers and COR’s must attend the Infection Prevention training provided by the VA every fiscal year. All construction workers shall have a current IC training sticker attached to their badges at all times. If this requirement is not met, workers will be removed from construction site.

D. Information Security: 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.

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

F. Records Manager:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chp. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. STVHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of STVHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to STVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to STVHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and STVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with STVHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public STVHCS information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The STVHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which STVHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

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

COVID-19 Mandated Protocol (Executive Order 14042)

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

1. Documentation requirements:

0. If fully vaccinated, shall show proof of vaccination

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

0. If unvaccinated 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.

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

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

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 following website: COVID-19 Screening Tool. Regularly check the website for updates.

1. Contractor employees who work away from VA locations, but who will have direct patient 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.”

Codes and Standards The project shall be in accordance with the latest Uniform Building Code (UBC), National Fire Protection Associate (NFPA) standard, Uniform Federal Accessibility Standard (UFAS), VA Specifications and Standards, and local facility requirements. In the event there is a conflict between any of the standards/codes, the more stringent standard/code shall apply.

The contractor shall provide all applicable safety signage and barricades applicable to OSHA, VHA and DOD regulations. Contractor shall comply with VHA DIRECTIVE 2004-012 and all VA Center Policy Memorandums, including but not limited to the following:

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

(b) Compliance with OSHA and State construction safety regulations. Construction contracts require that the general contractor’s on-site “competent person” have completed the OSHA 30-hour construction worker course and that all other general and sub-contractor’s workers have completed the OSHA 10-hour construction worker course or other relevant competency training. The determination for training is based on the project hazards and complexity, State and Federal regulations and VA requirements. Verification of completion of training will be required prior to performing work.

(c) Compliance with EPA and State environmental regulations.

Attachment A: Construction Specs to include General Specs Attachment B: Construction Drawing Set See attached document: 671-20-122-VA-SA-Renovate CLC 2nd Floor Halls and Walls-100 CD-Specificatons.

See attached document: 671-20-122-VA-SA-Renovate CLC 2nd Floor Halls and Walls-100 CD-Drawings.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1. Bidding materials consisting of drawings and specifications are issued as attachments to this solicitation for the respective qualified General (Prime) Contractors interested in submitting bids directly to the Department of Veterans Affairs.

a) Drawings and Specifications are included as attachments to the Statement of Work.

2. One set of drawings and specifications may be obtained by Builders Exchanges, Chambers of Commerce, Quantity Surveyors, trade, and microfilming organizations.

b) Drawings and Specifications are included as attachments to the Statement of Work.

3. Bidding materials may be obtained only upon written application to the issuing office. Bidders should allow 5 working days after receipt of their request by the issuing office for reproduction, in addition to mail delivery time when requesting bidding material.

c) Drawings and Specifications are included as attachments to the Statement of Work.

4. While no deposit will be necessary, return of the bidding material, postage prepaid, to the issuing office within 10 days after date of opening bids will be required. In case no bid is to be submitted, the return of the bidding material, as soon as this fact has been determined and before the date of opening bids, is requested. If you decide not to bid on this project, please advise the issuing office of your reasons (the contracting officer should modify accordingly if a deposit is required).

d) Drawings and Specifications are included as attachments to the Statement of Work.

5. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

e) A bid guarantee is required for this IFB, as a Payment Bond and a Performance Bond will also be required. A contracting officer shall not require a bid guarantee unless a performance bond or a performance and payment bond is also required. 40 U.S.C. Chapter 31 Subchapter III Bonds - Requires performance and payment bonds for any construction contract exceeding $150,000.00. Cost Range Current IFB: Between $1,000,000 and $5,000,000.

6. If the contract will exceed $100,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

f) Performance and Payment Bonds are required for this IFB. Cost Range Current IFB: Between $1,000,000 and $5,000,000.

7. DESCRIPTION OF WORK: South Texas (STX), Renovate CLC Halls and Walls 2nd Floor

8. Cost Range: Between $1,000,000 and $5,000,000..

9. FAR 52.222-6 Construction Wage Rate Requirements: Davis Bacon Act WD TX20230231, dated 2/3/2023 for Bexar County– Link: SAM.GOV

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PREPARATION OF BIDS

To assure responsiveness of submitted bids, bidders shall follow the instructions contained herein. These instructions prescribe the format of the bid and describe the approach for development and presentation of the bid package. These instructions are designed to ensure the submission of necessary information. Bidders are required to meet all solicitation requirements, including terms and conditions, representations, and certifications. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Interested bidders shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of bids.

1. Bids shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing a bid shall initial each erasure or change appearing on any proposal form.

2. Bidders shall submit proposed prices for ALL bid items as listed in the bid schedule. Failure to submit proposed prices for ALL bid items will result in the proposal being rejected as nonresponsive without further consideration.

3. Alternate bids Will NOT be considered unless this solicitation authorizes their submission.

4. The following documents shall be submitted to the Contracting Officer on the due date and time listed on the SF 1442. Electronic bids transmitted through email are the only authorized form of submission under this solicitation. One (1) emailed electronic PDF document of the bid shall be submitted at the time of the bid opening. The emailed electronic PDF document of the bid shall be organized as follows:

a) Pricing: Page 2 of the SF1442 shall be completed and signed by the signatory authority. All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) shall be completed.

b) Section B – Schedule of Prices/Description shall be completed by the offeror

c) Bidders shall be solely responsible for monitoring Government’s website www.sam.gov for amendments to this solicitation if any and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments.

d) Duly executed Bid Bond/Guarantee: Bid Bond is required for this IFB.

e) 52.204-8 Annual Representations and Certifications: since 52.204-7 is incorporated by reference in this solicitation, paragraph (d) under clause 52.204-8 applies to this contract. Bidder shall check the box in front of paragraph (2)(i) under clause 52.204-8 and indicate any changes under paragraph (d) of clause 52.204-8. If no change has been made to offeror’s Online Representations and Certifications Application (ORCA), please indicate “NONE”. Print out this clause in its entirety and submit it with the bid or you can submit your on-line ORCA printout.

f) Evidence of SDVOSB Status: Copy of SBA Veteran Small Business Certification Program (VetCert) Registry printout showing your firm as a verified SDVOSB.

g) Please be advised that to be eligible for award, Offerors are required to register their businesses at vetcert@sba.gov and https://www.sam.gov/portal/public/SAM/ (Previously known as www.ccr.gov) and complete the ORCA. Bidders shall submit a printout of their ORCA.

h) Acknowledgement of Amendments

i) Respond to all requirements in the “Special Standard of Responsibility” and in the “Self-Performed Calculations” sections.

j) Failure to submit all aforementioned document (a, b, c, d, e, f, g, h, and I) shall result in a nonresponsive offer and the bid shall not be considered.

5. Bids shall be submitted electronically to the email address below by or on the due date set forth in this solicitation, Page 1, Form SF1442, Block 13:

a) Contracting Officer: Jennifer Stringer | Email: jennifer.stringer@va.gov

The Email Subject Line Shall Read: 36C25723B0017 STX Renovate CLC Halls and Walls 2nd Floor - Contracting Officer Jennifer Stringer

It is solely the responsibility of the bidders to ensure the Government receives the bids before or on the exact due date and time set forth in this solicitation.

INQUIRY ON THE SOLICITATION AND DEADLINE FOR INQUIRY

1. All Questions\Inquiries about this solicitation shall be directly submitted via email to the contracting officer: jennifer.stringer@va.gov. No phone or faxed inquiry will be accepted.

2. Deadline for all Questions\Inquiries shall 03/24/2023 at 17:00 (5:00 PM) CST.

3. Government’s responses to inquiries will be issued in the form of Amendment(s) to be posted on the same website where this solicitation is posted: www.sam.gov. All interested bidders including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

BID OPENING

1. A public Bid Opening will not be held. Bids shall be opened by the Contracting Officer and Contract Specialist, witnessed, and recorded on an official Bid Abstract. Bid Abstracts will be available upon request via email to: jennifer.stringer@va.gov

BID EVALUATION

1. All bids submitted on time and in accordance with provision 52.214-5 will be evaluated for the conformance to all requirements of this solicitation. Any bid that fails to conform to the requirements of this solicitation will be determined non-responsive and therefore rejected.

2. Bid prices will be evaluated as follows:

a) For the purpose of determining the low bid conforming to the solicitation, the Government will evaluate the proposed total schedule bid items and make an award on the proposed total schedule bid items to the bidder whose bid conforms to this solicitation and is deemed the most advantageous to the Government.

BASIS FOR CONTRACT AWARD

1. Award will be made to the lowest responsible bidder whose bid conforms to this solicitation and is deemed the most advantageous to the Government, considering only price and price-related factors specified in this solicitation.

2. Award will be made in accordance with provision 52.214-19 Contract Award—Sealed Bidding—Construction incorporated by reference in this solicitation.

3. Determination of Responsibility:

a) Pursuant to FAR 9.103 prescribing that purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only, the Government will perform the determination of responsibility on the apparently lowest bidder whose bid is deemed conforming to the solicitation as stated under paragraph a). The Government’s determination of responsibility will be performed in accordance with FAR 9.1 and will include but not limited to the review of all federal excluded or debarred lists from different U.S. departments, and from the Federal Awardee Performance and Integrity Information System (FAPIIS), available at www.ppirs.gov.

b) Since this solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Business (SDVOSB), the Government will refer the matter to the Small Business Administration which will decide whether to issue a Certificate of Competency if the Government deems a potential SDVOSB awardee nonresponsible.

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

1. Experience Modification Rate (EMR):

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

1. Limitation on Subcontracting:

IAW VAAR 852.219-75 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.

36C25723B0017

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INSTRUCTIONS FOR CALCULATION OF SELF-PERFORMED WORK IAW “Limitations on Subcontracting” (VAAR 852.219-73)

OFFEROR’S SELF PERFORMED ESTIMATED CALCULATIONS

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

a) Offeror’s total proposed price: $ __________

b) Cost of Materials : $ __________

c) Amount projected to be paid on Non-VetCert (SBA.gov) SDVOSBs $__________

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

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

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

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

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

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
47.8 %
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 Bexar County San Antonio, TX

(End of Provision)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and…

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