36C25723B0054_1.docx

36C25723B0054

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.

36C25723B0054 X 10-05-2023

TBD

504-24-106 Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple

TX

76504 Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple

TX

76504 Nicholas Smith Acquisition Title: Replace Roofs Buildings 9, 10, & 45.

Contractor shall provide all necessary labor, materials, equipment, and supervision to complete all required project work in accordance with the provided SOW, Specifications, and Drawings. The project is located at the Amarillo VA Health Care System, Amarillo, TX 79106.

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

The Magnitude of the construction project is between $1,000,000 and $2,000,000 PER VAAR 836.204.

The applicable North American Industry Classification System (NAICS) code for this project is 238160 (19 M) Pre-Bid Site Visit shall be held on October 13, 2023 @ 9:00am CST. All interested Contactors shall meet at the Amarillo VA Health Care System, Amarillo, TX 79106.

Cut off for submission of RFI(s)/Questions shall be October 20, 2023 @ 1:00 PM CST. All RFI(s)/Questions must be emailed to the following email: nicholas.smith21@va.gov. Please include the solicitation No. 36C25724B0054 on subject line. RFI(s)/Questions must be submitted in word format.

All Bidders must submit a Bid Guarantee as part of their Bid Package. Additionally, the Awardee must be able to obtain by the date and time as stated in Block 13a below. Please include the solicitation No. 36C25724B0054 on the subject line of your email when submitting your bid package.

Note: All Bidders must comply with submission of the required documentation as stated on Page 16, Standard of Responsibility.

Funds are not currently available for this solicitation. Award of a contract as a result of this solicitation is contingent upon the availability of appropriated funds from which payment of this contract may be made.

There shall be no legal liability on the part of the Government for contract purposes until funds are made available to the Contracting Officer. The Contracting Officer will confirm availability of funds prior to award of a contract.

X X 52.211-10 X 13:00

CDT

11-07-2023 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 Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple

TX

76504 This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540

Table of Contents

PRICE/BID SCHEDULE

Provide all labor, supervision, materials, equipment, to replace flat roofs on Buildings 9, 10 & 45, including new flashing and cleaning and clearing out downspouts from any clogs.

Performance and Payment Bonds.

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) Total excluding materials (a-b) $ __________

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

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

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

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

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

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

SPECIAL STANDARD OF RESPONSIBILITY

Solicitation Submittal Requirements:

The Offeror shall submit the following information as part of your Bid Package: (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.

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 852.219-75 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, bid, or quote documents. Failure to comply with this requirement will result in removal from consideration for award.

Page 1 of Page 1 of OSHA -EMR Requirement

OSHA or EPA Violation(s):

(1) Offerors shall provide Summary of Work-Related Injuries and Illnesses, affirming that the

(2) Offeror has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years Experience Modification Rate (EMR):

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

STATEMENT OF WORK

REPLACE ROOFS BLDG. 09, 10 & 45

504-24-106

1. SCOPE: Provide all labor, supervision, materials, equipment, to replace roofs and refurbish components at the Amarillo VA Health Care Facility located in Amarillo, Texas 79106. This project is to replace flat roofs to Buildings 9, 10 & 45, including new flashing and cleaning and clearing out downspouts from any clogs.

2. 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).

3. SCHEDULE OF WORK: The Contractor shall notify the Contracting Officer’s Representative (COR) Mr. Scott Hobbs, Engineering Building 34, phone: 806 355 9703 extension 7428, 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 ninety (90) days of start date. Other contractors may be working in the same area performing other work. The contractor shall execute work in a manner so as not to impede other contract work.

4. HOURS OF WORK: The normal hours of work are 07:30 to 16:30 (4:30) Monday through Friday. Work shall be performed during normal work hours. Work to be performed in other than normal hours shall be approved by the Contracting Officer’s Representative.

5. 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.

6. DAILY PROGRESS REPORTS: The Contractor shall provide on a daily basis and no later than 9:00 AM, a progress report of work accomplished the previous day to COR Scott Hobbs, located in Bldg. 34. Daily Progress Reports shall be typed and sent to the COR in PDF format.

7. 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.

8. 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. A site visit will be scheduled through the Contracting Officer.

9. DISPOSAL: Disposal of materials removed under this contract at an approved disposal site in accordance with all local, state, and federal laws, regulations, and guidelines are the Contractor’s sole responsibility. The contractor shall adhere to all OSHA requirements concerning removal, transporting, and disposal of the material. All waste and recycle receipts shall be turned into the COR, Scott Hobbs, by e-mail, Scott.Hobbs@va.gov weekly.

Various items are to be turned over to the government, including:

1. Damaged Copper Material – Any Copper that is demoed, shall be turned over to the VA through the recycling process of special metal materials unless COR states otherwise, then the recycling of such materials is to be completed by the Contractor and the Recycled Receipt to be turned in to the COR.

10. CLEAN-UP: The Contractor shall keep the area and surrounding areas clean and organized; as in neat, tidy, free of trash and debris daily. Contractor to exercise methods such as Clean as you go.

11. 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.

12. SAFETY AND FIRE: The Contractor shall comply with the most recent fire and safety rules and regulations; NFPA and OSHA Standards, for minimum safety requirements.

13. 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.

14. WARRANTEE: The contractor shall warrantee work to be free of defects and workmanship for a period of 1 year from date of acceptance.

15. PARKING: Parking is limited. The COR will notify the Contractor at the start of the project where not to park. This is an active Hospital and there is parking that is reserved for Patients Only and well as various medical staff. Contractor is to put together an internal plan for Carpooling to reduce the amount of Parking Spaces to be taken over by the Contractor during construction.

16. STATEMENT OF WORK: The Contractor shall perform demo and installation for all materials and components. Work shall include, but not limited to the following:

1. Prior to start of work, the contractor is responsible for reporting all existing damage that may cause water intrusion to the building.

2. Contractor to replace Flat Roofs as shown and/or described in project drawing and specifications.

3. Contractor to completely remove Fully Adhered E.P.D.M. Flat Roofs down to Metal deck and replace with new Fully Adhered T.P.O. roofing system, including an improved slope to guide water off roof. T.P.O. Roofing System shall run up parapet wall and terminate under flashing.

a. Contractor to remove as much unnecessary and unused items from roof as needed to complete a more continuous T.P.O. roof.

b. Contractor to take in account and complete all expansion joints per industry standards.

c. All roofs are metal decks. Metal Deck Roof requires for contractor to build up roof on deck and install T.P.O. Contractor is responsible for creating a Slope for water to not pool and to have continuous flow new T.P.O. Style Drains on two sides of each Building. Each Building has a row of Scuppers as an Overflow Drain or to a Downspout.

4. Install non-freezing T.P.O. walk pads as designated by warranty standards per manufacture specifications.

5. All unused curbs/pads, holes and gaps found on deck of roof are to be removed and properly patched per industry standards to become watertight.

6. All downspouts are to be repaired as needed and clear of any debris or clogs. Downspouts shall be protected from debris during the duration of the project and snaked at the end of the project.

7. Flashing shall be installed where code and Industry Standards advise.

8. All Plumbing Vent Boots to be replaced with a T.P.O. Style Boot. All Vents to receive new vent caps to stop rainwater from entering while continuing to vent.

9. Existing Scuppers shall be replaced with T.P.O. according to Industry Standards for T.P.O. Systems.

10. Entire Roof and Components shall be water tested for both Leaks and Water Flow.

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: Contractor shall provide with their quote manufacturer’s descriptive literature for items mentioned in STATEMENT OF WORK with Data Sheets and/or Shop Drawings.

END OF SECTION

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.

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

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.

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).

***NOTE: Drawings and Specifications are included as attachments to the Statement of Work.

5. Bid Guarantee: 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.

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.

6. Payment Bond/Performance Bond: If the contract will exceed $150,000 (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.

Performance and Payment Bonds are required for this IFB.

7. Cost Range: The cost range for this (IFB) is between $1,000,000 and $2,000,000 IAW VAAR 836.204(f)

8. FAR 52.222-6 Construction Wage Rate Requirement: Davis Bacon Act WD# TX20230265, dated 09/01/2023 for POTTER 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 submitted on the forms furnished by the Government or on copies of those forms; and 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 on the due date and time listed on the Standard Form 1442, Page 1, Block 13. 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: Standard Form 1442, Page 2 shall be completed and signed by the signatory authority. All blocks on Page 2, Section Part OFFER, Item 14 thru 20 C shall be completed.

b) Section B – Schedule of Prices/Description shall be completed by the offeror. Bidders shall be solely responsible for monitoring the Government website www.sam.gov for amendments to this solicitation and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments.

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

d) 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 SAM.gov online Representations and Certifications, please indicate “NONE”. Print out this clause in its entirety and submit it with the bid or you can submit your SAM.gov online Representations and Certifications printout.

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

f) Please be advised that to be eligible for award, Offerors are required to: (1) Register their businesses at vetcert@sba.gov and https://www.sam.gov/portal/public/SAM/ (Previously known as www.ccr.gov). (2) Complete the SAM.gov online Representations and Certifications. (3) Bidders shall submit a printout of their SAM.gov online Representations and Certifications.

g) Acknowledgement of Amendments SF 1442 Form, Page 2, Block 19

h) Respond to the “Self-Performed Calculations” sections.

i) Failure to submit all documents (a through i) shall result in a nonresponsive offer and the bid shall not be considered.

5. Site Visit The Site Visit for this project will be held on: (See FAR Clause 52.236-27) Date: Oct 13, 2023 Time: 0900 C.S.T.

Location Amarillo VA Health Care System Address 6010 Veterans Blvd. Amarillo, Texas 79106 Contracting Officer Representative (COR): Scott D. Hobbs Email: scott.hobbs@va.gov.

Phone: 806-355-9703 X7428

6. Solicitation Inquiries and Questions

a) Questions and inquiries for this solicitation shall be submitted electronically to Nicholas Smith at E-mail: Nicholas.smith21@va.gov. No phone or faxed inquiries will be accepted. ***The E-mail subject line for all correspondence and solicitation requirements shall read: RFI | 36C25723B0054 | Replace Roofs 9, 10, & 45.

b) The due date for submission of questions and inquiries for this solicitation is October 20, 2023, at 1:00 PM (CDT). Submission of questions and inquiries after this due date will not be accepted.

c) The government’s responses to inquiries will be issued in the form of Amendment(s) and posted at 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 amendment instructions and on this Solicitation, Standard Form 1442, Page 2, Block 19 (Acknowledgement of Amendments).

7. Bid Submissions:

a) Bids shall be submitted electronically to Contract Specialist, Nicholas Smith at E-mail: Nicholas.smith21@va.gov. ***The E-mail subject line for all correspondence and solicitation requirements shall read: RFI | 36C25723B0054 | Replace flat roofs to Buildings 9, 10 & 45, including new flashing and cleaning and clearing out downspouts from any clogs.

b) The due date for submission of bids for this solicitation is Nov 7, 2023, at 13:00 PM (CDT). It is solely the responsibility of the bidder to ensure the Government receives the bid before or on the exact due date and time set forth in this solicitation, see Standard Form 1442, Page 1, Block 13 (a). No late submission of bids will be accepted.

8. Bid Opening A Virtual Bid Opening will be held. Bids shall be presented by the Contracting Officer and Contract Specialist, witnessed, and recorded on an official Bid Abstract. Bid Abstracts will be available upon request. The link for the virtual bid opening is https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTcwZGY2MTUtNTZkMC00OWM0LWI1NDEtMDg4OTkxYzU4NTlj%40thread.v2/0?context=%7b%22Tid%22%3a%22e95f1b23-abaf-45ee-821d-b7ab251ab3bf%22%2c%22Oid%22%3a%22103d7cfe-52b4-456a-ae90-6c296a15f1cd%22%7d

9. 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. 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.

10. Basis for Contract Award

a) 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.

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

c) Determination of Responsibility:

1) 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.]

2) 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 non-responsible.

2.1 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)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3M, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Rhonda Richardson Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple TX 76504 Mailing Address:

Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr, Building 171 Temple TX 76504

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— 13 October 2023 at 0900 CST

(c) Participants will meet at— 6010 Amarillo Blvd. Amarillo, TX 79106 (End of Provision)

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.12 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

(a) Any offeror responding to this solicitation must comply with established VA Information and Communication Technology (ICT) (formerly Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 852.239–75, Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit appropriate VA Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist VA acquisition and program officials in determining whether proposed ICT supplies, or information, documentation and services conform to applicable Section 508 accessibility standards. The checklists allow offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

(c) Respondents to this solicitation must identify any exception to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $19 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,…