36C25723Q1261_1.docx

CONTRACTOR PAST PERFORMANCE QUESTIONNAIRE

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.

none 36C25723Q1261 X 09-01-2023 00674 Department of Veterans Affairs Network Contracting Office 17 1901 Veterans Memorial Dr Temple

TX

76504 Department of Veterans Affairs Network Contracting Office 17 1901 Veterans Memorial Dr Temple

TX

76504 Miguel Gonzalez

(254) 899-6011 Exterior repairs buildings 4 and 29

The contractor shall be responsible for providing all labor, materials, equipment, and supervision needed to make the repairs per plans and specifications as requested in the Scope of Work.

Site Visit: September 7, 2023 at 11:00 am CDT. See FAR 52.236-27. RFI's due by September 12, 2023 at 11:00 am CDT.

RFI responses shall be published as an amendment to the solicitation by the close of business, September 14, 2023.

Note: This requirement is set-aside for SDVOSB's.

In order to be eligible for award SDVOSB's must be registered and verified in the Vendor Information Pages (VetBiz.gov).

MAGNITUDE OF PROJECT: Between $25,000 and $100,000

This project is being solicited as a request for quotes (RFQ) under 238160.

See “Instruction to Offerors” for additional information.

Quotes are due no later than September 20, 2023 by 11:00am CDT.

Quotes are to be submitted by email to miguel.gonzalez4@va.gov.

52.211-10 X 11:00

CDT

09-20-2023 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

9/14/2003 00674 Department of Veterans Affairs Network Contracting Office 17 1901 Veterans Memorial Dr Temple

TX

76504 none Financial Services Center (FSC) Department of Veterans Affairs P.O. Box 149971 Austin

TX

78714-8971

Table of Contents

SCOPE OF WORK

Exterior repairs to various areas

1. SCOPE OF WORK: This project will require repairing a two-story water damaged stairwell #4 Building 4. Replacing stone façade for Building 29 elevator penthouseat the Thomas E. Creek VA Health Care System, 6010 Amarillo Blvd West, Amarillo Texas 79106.

Building #4 A. The Contractor shall remove approximately 918 FT2 of exterior stucco on 3 sides including substrate board full height, approximately square feet B. Contractor shall remove and reinstall two downspouts, 2 stories.

C. Contractor shall remove and replace all interior sheet rock, full height, leave exterior metal studs.

D. Contractor shall remove and reinstall the light on the second floor E. Contractor shall install approximately 918 FT2 of new exterior zip board, 1.5” insulation board with high impact mesh EIFS to match existing.

F. Contractor shall paint interior of stairwell, level 3 finish

Building #29 G. Contractor shall remove from the roof of building 29 approximately 856 FT2 of 24”x30”x1’ stone block and replace approximately 856FT 2 of 24’x30’x1’ stone block.

H. Period of performance is 60 days I. Site visit is strongly recommended

2. TECHNICAL SUPPORT: N/A

3. BADGES: All Contractor personnel are required to wear I.D. badges during the entire time he/she is on Government property. I.D. badges must have an identification picture and shall state the name of the individual and the company he/she represents. The Contractor is to coordinate with the COR to obtain the I.D. badge from the Police Service. The Contractor is to provide a list of names who shall be conducting the service. The Contractor will need a valid Driver’s License or Federal ID.

4. REPORTING (During Normal Working Hours): The Contractor's Supervisor shall notify the COR when he/she arrives on station, prior to commencing work during the normal working hours of 8:00 a.m. through 4:30 p.m.

5. REPORTING (During Other than Normal Working Hours): The Contractor is not expected to work outside the Normal Working Hours unless first coordinating with the COR. No additional cost will be allowed for work scheduled outside of the Normal Working Hours.

6. CONTRACTOR’S SERVICE REPORT: After all work is completed, the Contractor is required to submit, in writing, a complete report of services rendered, and deliver it to the CO and COR within the Engineering Service. If the COR is not available, the Contractor can submit the report the next business day. This report must contain detailed description of the services or repairs performed. The Contractor shall document and report to the COR, any unsafe conditions or signs of misuse or abuse in regard to this equipment. The Service Technician shall document any problems along with their corrections and all performance verification on the field service report. The service report must be legible and signed by the COR.

A. Information on final report shall identify the following:

1. Contractor Name

2. Job Title

3. Location of job to include Building No. and Floor

4. Photographs of daily work activities

5. Daily Contractor, etc. Log-in Sheets

6. Transportation and Disposal Manifests

7. Date of service

7. INSURANCE REQUIREMENTS: The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with the laws of the governing state.

A. Public Liability Insurance: The Contractor shall comply with all applicable Federal and State laws with regard to liability arising or resulting from injury to or death of an employee in performing the work under this contract and shall save and hold the Government harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

B. The Contractor shall be responsible for all damage to property, which may be done by him, or any contractor employee engaged in the performance of this contract.

C. Before commencing work under this contract, the Contractor shall furnish certification from his insurance company indicating that the coverage outlined in paragraphs (a) and (b) has been obtained and that it may not be changed or canceled without guaranteed thirty (30) days’ notice to the CO. The CO may waive the requirement if he determines that insurance certifications now on file are acceptable, however, new certifications shall be furnished prior to the expiration date.

8. GOVERNMENT HOLIDAYS:

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also, included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

9. INVOICE AND PAYMENT: N/A

10. TRAVEL: Transportation charges for the service shall not be billed or paid under the resulting contract.

11. SERVICE CALLS: Contractor shall provide in the space below, the name, location, and telephone number of the office where service calls are to be placed:

Name: __________________________________________________________

Address: __________________________________________________________

Telephone: __________________________________________________________

Point of Contact: __________________________________________________________

12. MATERIAL AND MATERIAL SAFETY DATA SHEETS (MSDS) and WASTE: The Contractor is responsible for having material data safety sheets (MSDS) available on-site for all chemicals, solvents, cleaners, paints, adhesives, etc. used by the contractor, and for following their precautions. The contractor shall collect, handle, transport, and remove any waste (solid, recyclable, universal, and hazardous) waste as needed and upon completion of the service contract. The contractor shall maintain the work area clean and in a safe manner throughout the duration of this contract. The Contractor shall report all recyclable waste to the COR monthly or upon completion of the contract. The Contractor shall provide any dumpsters to properly collect and dispose of waste generated as a result of the service. All waste generated shall be disposed of per applicable federal, state, and local regulations.

13. SMOKING: Smoking is not permitted within, or around, the AMAVAHCS facilities.

14. PARKING: Contractor vehicle shall have contractor identification and phone number. The Contractor shall coordinate with the COR during the Kick-Off Meeting for contractor vehicle parking. It is the responsibility of the Contractor’s personnel to park only in designated parking areas. Parking information is available from the AMAVAHCS Police Service. The AMAVAHCS shall not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

15. PROTECTION FROM DAMAGE: The Contractor shall provide all labor, materials and equipment necessary to protect personnel, furnishings, equipment and buildings from damage; Contractor shall remove and replace movable items if necessary and shall replace or report any item damaged due to work performed under this contract equal to its original construction and finish.

16. EVALUATION FACTORS FOR AWARD: The Government shall award a contract resulting from this solicitation to the responsible Contractor whose offer conforming to the solicitation shall be most advantageous to the Government, price and other factors considered. Award shall be based on the following:

A. Base Bid. The Government shall evaluate the Contractor’s proposal and evaluate the solicitation bids. The Government reserves the right to award a contract at other than the lowest proposed bid after consideration of all factors.

B. Experience and Past Performance. The Government shall review the Contractor corporate performance, experience, and accomplishments. The Contractor shall provide three (3) references that the Contractor has provided a similar service. The Government shall also assess the overall experience and past performance of subcontractors and suppliers. The Contractor shall provide a list of subcontractor(s) along with their overall experience and past performance.

C. Technical Expertise. The Government shall review the Contractor corporate technical expertise. The Contractor shall provide training(s), license(s), and certification(s) allowing the contractor to perform Asbestos Removal.

D. Bid Options. The Contractor proposal shall be evaluated per the provision at FAR Part 52.217-5 Evaluation of Options (JUL 1990).

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor shall provide all labor, equipment, tools, materials, supplies and supervision to repair roof and metal coping to Building 4 and 29 above areas in accordance with the Statement of Work.

See attached document: Building 4 stairwell pictures.

See attached document: Building 29 Roof Details 1.

See attached document: Building 29 Roof Details 2.

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

OFFEROR’S SELF PERFORMED ESTIMATED CALCULATIONS

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

a) Offeror’s total proposed price: $ __________

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

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

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

A/E-Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not 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: (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 852.219-74 each offeror will review the clause and complete the certificate included in the clause. This certificate will be complete prior to solicitation closing and submitted with the proposal documents. Failure to comply with this requirement will result in removal of proposal for consideration for award.

PART I - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PART I/SECTION A – REQUEST FOR QUOTE

This is a Request for Quote in accordance with FAR Part 13. Potential offerors must follow all instructions in order to be compliant with the solicitation.

It is the responsibility of the offeror to verify that their offer is complete. The offeror is responsible for submitting all required forms and documents with the offer.

The Government will award a single contract resulting from this solicitation to a responsible SDVOSB offeror whose offer conforming to the solicitation will be most advantageous to the Government based on Past Performance and Price.

I.1A JOINT VENTURES

If submitting an offer as a joint venture as defined by P.L. 109-461 AND Department of Veterans Affairs I.L. 049-06-4, http://www.vetbiz.gov/library/jtventure.pdf , an offeror must provide a copy of the joint venture agreement specific to the project that is consistent with the percentage of required work and net proceed. Additionally, the offeror must provide a breakdown or labor of which is to be performed by the SDVOSB firm and that which is performed by the small business joint venture firm and that which is sub-contracted. All Joint Ventures will be required to be registered and verified as an entity in VETBIZ.

I.2A SELECTION CRITERIA/QUOTE PREPARATION INSTRUCTIONS

Quotes will be evaluated in accordance with FAR 13.106 Simplified Acquisition Procedures Award will be made based on the following factors:

Factor 1 – Past Performance Factor 2-- Price Offerors are encouraged to provide their best offers with the past performance information requested for evaluation. The Government, based on the offered material presented, will award to the offeror that best demonstrates to be most advantageous for the Government.

Factor 1 - Past Performance: Offerors shall provide past performance information on two (2) federal, state, local government or private contract of similar type, scope, size and complexity. If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the quote. The Government may also evaluate recent and relevant past performance, based upon sources available to the contracting officer that may include Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS) and Electronic Subcontract Reporting System (eSRS). IF THE OFFEROR CANNOT PROVIDE A CPARS FOR PROJECTS LISTED IN FACTOR 1, then the offeror shall submit Past Performance Questionnaires (PPQ).

Completed PPQs should be submitted directly from your client via email to miguel.gonzalez4@va.gov. If you have any questions, please contact Miguel Gonzalez at miguel.gonzalez4@va.gov. If the offeror is unable to contact a client for a project(s) before closing date, the offeror should complete and submit with the quote the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires.

Basis of Evaluation: Past Performance will be evaluated in accordance with FAR 13.106-2 and award will be made to the offeror presenting the best value to the Government.

Factor 2 - Price: Offerors shall provide pricing as requested in the Schedule of Service identified within the SF1442 The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

SAFETY

(a) 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

(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.

PART I/SECTION B - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

I.1B COST RANGE: Between $25,000 and $100,000 If a product is manufactured to metric dimensions and those dimensions exceed the tolerance specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer’s Representative (COR), will accept or reject the product.

I.2B REQUESTS FOR INFORMATION:

All requests for information must be submitted in writing to the Contracting Officer for action no later than the date shown in Block 10 of the Standard Form 1442, Solicitation, Offer and Award.

I.3B QUOTE REQUIREMENTS

General – Quotes shall be submitted in response to this solicitation. Quotes shall be submitted via email to miguel.gonzalez4@va.gov. Emails are limited to five (5) MB. The quote, in its entirety, shall not exceed two emails (one email for price, and one email for technical/past performance) of 5MB each. Price shall be in a separate electronic document from the technical and past performance portions of the quote. Failures to submit in the format required and clearly address those factors may result in rejection of the offer. Further details on electronic submission are outlined below. Offerors shall include all required Representations and Certifications and complete their registration in System for Award Management (SAM). See FAR 52.204-7 and 52.204-8, of this solicitation.

Quotes shall be received by 11:00 AM Central Standard Time on September 20, 2023. There will be no public opening. Submit quotes to: miguel.gonzalez4@va.gov.

PAST PERFORMANCE EVALUATION QUESTIONNAIRE

Your Company Letterhead

We have listed your firm as a reference for the work we have performed for you as listed below. Our firm has submitted a proposal under a project advertised by the Department of Veterans Affairs- Central Texas Health Care System, Amarillo Veterans Medical Center, Amarillo, Texas.

In accordance with Federal Acquisition Regulations (FAR), they will evaluate our firm's past performance. Your candid response to the attached questionnaire will assist the evaluation team in this process. We understand that you have a busy schedule and your participation in this evaluation is greatly appreciated. Please complete the enclosed questionnaire as thoroughly as possible. Space is provided for comments. Complete confidentiality will be maintained. Only one response from each office is required.

Please send your completed questionnaire to the following address to arrive NOT LATER THAN September 15, 2023. DO NOT return them to our company.

Email to: Miguel.Gonzalez4@va.gov If you have questions regarding the attached questionnaire, or require assistance, please contact the Contracting Officer at Horacio.Fernandez@va.gov Thank you for your assistance.

Signature and Title

1. How would you rate the Offeror’s compliance with the contract requirements?

1. How would you rate the effectiveness of the Offeror’s on-site management?

1. How would you rate the Offeror’s use of appropriate personnel for contract requirements?

1. How would you rate the Offeror’s adherence to the construction schedule?

1. How would you rate the Offeror’s responsiveness towards safety issues?

1. How would you rate the Offeror’s ability to effectively deal with the customer and other Government personnel?

1. How would you rate the Offeror’s cooperativeness in solving problems and negotiating changes?

1. How would you rate the Offeror’s abilities to address any financial difficulties (i.e., payment of subcontractors and/or vendors, labor disputes, etc.)?

1. As the end user/customer, how would you rate your satisfaction with the end product?

1. How would you rate the Offeror’s overall performance on this project?

1. Would you recommend or use this contractor again?

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Thomas E. Creek VA Health Care System 6010 Amarillo Blvd West Amarillo, TX. 79106 (End of Provision)

2.3 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)

2.4 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— 9/7/2023 and 1pm CST

(c) Participants will meet at— bldg. 34 conference room (End of Provision)

2.5 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)

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, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

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

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

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

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

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

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

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

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

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

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

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

[](A) Basic.

[](B) Alternate I.

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

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

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

(End of Provision)

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

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

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

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