36C25724B0017.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATIONSOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 89

36C25724B0017 X 06-27-2024 to be determined 549-22-231

Network Contracting Office (NCO) 17 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

Horacio Fernandez (254) 421-4096

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.

Contractor shall provide all necessary labor, materials, equipment, and supervision to complete all required project work in accordance with the provided SOW, drawings, narrative, and specifications located at 4500 S Lancaster Rd, Dallas, TX 75216.

This is a competitive Invitation for Bid (IFB) 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside.

The Magnitude for this Construction Project is: Between $2,000,000.00 and $5,000,000.00 IAW VAAR 836.204(f)(2).

The applicable North American Industry Classification System (NAICS) code for this project is 236220 $45M Size Standard.

Pre-Bid Site Visit shall be held on July 9, 2024, at 10:00 A.M. CDT. All interested bidders shall meet at Building 9 at 4500 S Lancaster Rd, Dallas, TX 75216.

Site Visit RFI(s)/Questions shall be submitted no later than July 19, 2024, by 10:00 a.m. CDT. All RFI(s)/Questions shall be submitted via email to horacio.fernandez@va.gov.

All bidders must submit a Bid Guarantee as part of their Bid Package. Additionally, the Awardee must be able to obtain the necessary level of Payment and Performance Bonds.

SUBMISSION OF BIDS: All bids shall be submitted via email to the following email address: horacio.fernandez@va.gov by the date and time stated in Block 13A below.

A tentative virtual public bid opening will be held one day after the days bids are due. Currently, the bid opening is scheduled for August 19, 2024, at 9:00 A.M. CDT. Interested parties shall send an email request to horacio.fernandez@va.gov in order to receive a Microsoft Teams invite for the virtual public bid opening. Dates and times are subject to change.

Offerors are to ensure specifications at https://www.cfm.va.gov/TIL/spec.asp are reviewed and adhered to.

10 365

X X 52.211-10

X 10

1 15:00 CDT

08-16-2024

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

Horacio Fernandez

VA-VHA-RPOW-2023-0062

36C25724B0017

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

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

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

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

A.4 STATEMENT OF WORK

A.5 V.T.C.A. Tax Code §151.311

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

2.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED

ENTITIES (DEC 2023)

2.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

2.5 52.214-31 FACSIMILE BIDS (DEC 1989)

2.6 52.216-1 TYPE OF CONTRACT (APR 1984)

2.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(FEB 2024)

2.8 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.9 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

2.10 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.11 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

2.12 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.13 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.14 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.15 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

2.16 52.228-1 BID GUARANTEE (SEP 1996)

2.17 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

2.20 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

2.21 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

2.22 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2024) ...43

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

4.4 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.5 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.6 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED ITEMS (MAY 2008)

4.7 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)

ALTERNATE I (DEC 2007)

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

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

(DEVIATION)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

2018)

4.11 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

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

4.14 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

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

4.16 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

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

4.18 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.19 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

4.20 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.21 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.22 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

4.23 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVIC

ES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 JB _____________

Provide all labor, supervision, materials, equipment, and any other services to renovate Bldg. 71 at the Dallas VA Healthcare System, located at 4500 S. Lancaster Rd, Dallas, TX, 75216.

The contractor shall perform all work in accordance with the contract, statement of work, drawings, and specifications.

0002 1.00 EA _____________

Payment and Performance Bonds

GRAND TOTAL _____________

A.4 STATEMENT OF WORK

Dallas VA Medical Center

Dallas, TX 75216

CONSTRUCTION STATMENT OF WORK

For

Renovate Bldg.71 for Mental Health (549-22-231)

Construction Completion by: 365 days after NTP

-- Services --

Provide:

1. Professional construction services to include but not limited to:

a. Site investigation – assess property for demolition, civil work, mechanical work, electrical work, grading, excavation, layout planning, construction.

b. Convert approximately 12,000+ sq. ft. in sections A, C, and D in building 71 into Veteran Service Organization (VSO) ready areas. The section 71A will be occupied by Mental health, section 71C-A will be Hotdesking, 71C-B by Texas Veteran Commission (TVC) and building 71D by Disabled American Veterans (DAV). Section 71B called Methadone is not part of scope of work.

The building is experiencing different water penetration issues both from underground and also from the roof.

The project shall be done in phasing because the Mental Healthcare people working in section 71A will still occupy the building during the construction.

The existing flat roof over 71B will be removed and replaced with a pitched roof. The pitched roof will comprise of wood trusses spanning between the existing load bearing walls. The new roof will be enclosed with plywood. The valleys between the existing roofs and the new roof are framed to provide slope for drainage. The existing load bearing walls are used to support the new roof trusses.

-- Documentation and Acronyms --

Applicable Documents:

2. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

a. Federal Acquisition Regulation

b. Veterans Administration Acquisition Regulation

c. Service Contract Act (SCA) Directory of Occupations (Fifth Edition) http://www.dol.gov/whd/contracts/sca.htm

d. ANSI: https://pdflakekxng.files.wordpress.com/2015/04/ansi-z133-safety-standard-pdf.pdf

e. VA Directive 0058- VA Green Purchasing Program

f. VA Directive 0057- VA Environmental Program

g. Master Construction Specification: https://www.cfm.va.gov/TIL/spec.asp#03

Acronyms:

3. Glossary: Acronyms used in this SOW are listed below for easy reference:

a. CO Contracting Officer

b. COR Contracting Officer’s Representative

c. FAR Federal Acquisition Regulation

d. CFM Construction & Facilities Management

e. VA Veteran Affairs

f. EPA Environmental Protection Agency

g. PPE Personal Protective Equipment

h. SOW Statement of Work

i. OSHA Occupational Safety and Health Administration

j. NEC National Electrical Code

k. NTP Notice to Proceed

-- Project Scope --

GENERAL:

4. Dallas VAMC intends to issue a construction service contract. The project consists of:

a. The Contractor shall provide all labor, transportation, materials, equipment, and supervision required to renovate the bldg.. 71 according to the design and specifications as required by the Dallas VA Healthcare System, located at 4500 S Lancaster Rd, Dallas, TX, 75216.

SPECIFICS:

5. Architecture.

a. The Contractor shall demo the existing spaces according to demo plan and provide new layout outlined in new construction drawings and specifications.

b. Contractor shall provide ADA compliant ramps on each entrance of building according to design.

c. Contractor shall construct the new roof structure over existing roof according to the design.

6. Mechanical.

a. Contractor shall procure and carefully replace 9 existing AHUs and turn in the existing AHUs and ancillary parts to VA for alternate use. Contractor shall make full effort to remove existing AHUs without damaging and handle carefully in order to avoid damage to any of the parts.

b. Contractor shall provide new AHUs for section C and D per the design.

c. Contractor shall secure the existing ducting indicated to keep for reuse in demo plans and install new ducting per the new design.

d. Contractor shall procure and install the selected or similar AHUs in project book in order to meet the design criteria.

7. Electrical

a. Contractor shall evaluate existing conditions and protect existing lighting controls and switches during construction and re-use controls in new lighting scope.

b. Contractor shall provide new GFCI receptacles per design.

c. Contractor shall provide new electrical lines to new mechanical/plumbing and electrical equipment per the specifications and design.

d. Contractor shall provide new power, voice/data outlets in all areas per design and specifications.

e. Provide power to new HVAC equipment and fan coil units and provide new panel using 250A braker from existing distribution board DP-71A per design.

8. Plumbing

a. Contractor shall demo and remodel per the design and specifications.

9. Structural

a. Contractor shall remove the existing flat roof over 71B area and replace with pitched roof.

b. Contractor shall provide new pitched roof per the design and specifications.

10. Additional responsibilities.

a. The Contractor shall use environmentally friendly products whenever possible.

b. The Contractor shall provide a daily report any day that they work for the duration of the project. Daily report shall have details of man hours, personnel/sub and detail of work performed at the least.

c. The Contractor shall only use products suitable for the job conditions. Manufacturer’s instructions and recommendations shall be followed for all products used.

d. The Contractor shall adhere to all safety control measures while performing work.

e. The Contractor shall be responsible to maintain and upkeep their staging area.

f. The Contractor shall provide their own dumpster and dispose of all damaged items, removed items, and debris created from the construction and demolition in every aspect of this project.

Other Specifics:

11. Contractor will submit before and after pictures of the area and building.

12. Contractor will submit picture in between each phase (e.g. digging trenches to install cables, installing fixtures, paving, demo of electrical/plumbing and roof etc.).

13. Contractor will ensure value engineering is included in this project to maintain approved budget.

14. Contractor will submit revised project schedule with each invoice.

-- Site Investigation --

Expectation: Contractors will make site visits as necessary to survey existing conditions.

15. Make site visit as required to determine existing as-built conditions affecting this project.

a. Provide any structural, architectural, electrical, and mechanical investigation work of existing area necessary to insure the accuracy of the design.

-- Environmental/Occupational Safety and health (EOSH) --

Expectation: All projects and project designs shall contain language that addresses all applicable EOSH requirements.

16. Regulatory Compliance- EOSH requirements for work performed at the above location can be found in:

a. Volume 29 of the Code of Federal Regulations, Part 1910- Occupational Safety for General industry.

b. Volume 29 of the Code of Federal Regulations, Part 1926- Occupational Safety for the Construction Industry.

c. Volume 40 of Code of Federal Regulations, Protecting of the Environment.

d. Volume 49 of the Code of Federal Regulations, Part 397- Transportation of Hazardous Materials.

Specification: The VA Master Construction Specification contains work procedures and material requirements designed to meet regulatory compliance requirements. Whenever possible, the Master Construction Specification must be used as the basis for the project designs.

-- Location/Hours/Deliverables --

Performance Location:

17. VA Medical Center located at 4500 S Lancaster Rd, Dallas TX, 75216.

Hours:

18. Work is to be performed on Monday to Friday at 9:00AM - 4:30PM. Contractor access will be provided during this time, except special federal holidays unless discussed and approved by the COR ahead of time. Weekend work is not approved unless previously discussed and authorized by COR.

Deliverables:

19. The Contractor will submit a daily log, sign-in sheet, pictures, work performed each time services is rendered.

20. The Contractor shall submit a report for each shipment of construction debris, the weight by type, shipment date, destination, and whether the debris is to be recycled/reclaimed or disposed to the COR. Types include asphalt, concrete, lumber, metal, dry wall, etc.

-- Contractor Personnel and Management --

Contractor Personnel:

21. The Contractor shall be responsible for employing qualified personnel to perform the work specified in this SOW. The Contractor shall make sure that subcontractor and employees have proper documentation to authorize personnel to work in the United States of America. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

22. The Contractor is required that all subcontractor or employees have been screen by the Dallas VAMC Healthcare System. All personnel are required to wear a VA government furnished badge.

All contractor and subcontractor are required to wear a government and company furnish badge while performing services under this contract. The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

23. Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

24. The contractor shall insure that employee or subcontractor have valid driver license when driving a vehicle on property.

Management:

25. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

26. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

27. Contractor personnel or subcontractor shall conduct themselves in a professional manner (i.e.

timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.

28. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

Safety/Security Requirements:

29. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss.

The Contractor shall ensure that employees or subcontractor have the proper PPE for the job.

Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

30. All work performed under this contract will be in accordance with Safety and Health During Construction Activities Policy 138-80-16. Provide a written certified statement indicating that the construction project meets the life safety code requirements. For those maintenance and repair projects where the life / safety code requirements are not applicable, a written statement shall also be provided accordingly.

31. The Dallas VAMC Safety Officer and COR shall have full authority to see that the contractor obeys all safety rules and regulations relative to the fulfillment of this contract.

32. Provide all necessary barricades / signage where required.

33. Isolate the area to prevent the spread of debris into adjacent space and maintain the area negatively pressurized when required.

34. See Appendix A for additional requirements.

Work Attire and Appearance:

35. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

Personnel Qualification:

36. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this SOW and authorized to work in the United States. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the SOW in an efficient, reliable, and professional manner.

37. Contractor shall provide a supervisor who speaks English on site at all time.

38. Personnel should be properly trained for safety and performance of their respective duties.

39. Appropriate safety equipment shall be furnished by the Contractor to contractor personnel or subcontractor and shall be used as prescribed by OSHA Standards.

40. The Government reserves the right to review Contractor personnel qualifications. Upon request, resume shall be provided to the Contracting Office prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

41. Contractor and all contractor employees must have taken the Occupational Safety and Health Administration (OSHA) Certified 30/ 10-hour construction safety course and show documented proof. The contractor shall designate a “competent person” in accordance with 29 CFR 1926.

32(f) which states, “One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees and who has authorization to take prompt corrective measures to eliminate them”. The contractor shall instruct each of his employees in the recognition and avoidance of unsafe conditions and the regulations applicable to this work environment to control or eliminate any hazards or other exposure to illness or injury.

Non-Personal Service Statement:

42. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the SOW. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

-- Damages/Insurance --

Damages:

43. The Contractor is liable for all damages to Government equipment, property; utilities, etc., located at the site (e.g. sprinkler heads, ceiling tiles, manholes, fire hydrants, vehicles, windows, etc.)

caused by the Contractor, its employees or it subcontractors. The Contractor shall immediately report all damages to the COR and shall provide the Contracting Officer (CO) and COR, a written report, within 24 hrs. The report shall include: What occurred, who was involved, when it occurred (Time/Date), where did it occurr, why it occurred, how it occurred, and the proposed means to repair or replace.

44. Contractor is to maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

Appendix A North Texas VA Health Care Systems

Construction Safety Accident Prevention Plan Requirements

Prior to commencing work contractors must submit for approval Accident Prevention Plan. The prime contractor will write this plan for the specific work and hazards of the contract and implementing in detail the requirements for safety and occupational health. This plan shall be reviewed and found acceptable by Government personnel prior to initiation of work at the job site. The plan shall be developed by qualified personnel and shall be signed by a competent person AND a representative of management.

The prime contractor shall integrate all subcontractor work activities into the Safety and health Program, make the program available to all contractor and subcontractor employees and ensure all subcontractors integrate the provisions of the plan into their work activities.

The prime contractor shall integrate in their safety plan a requirement that all subcontractor lead personnel attend a onetime facility construction safety orientation;

Date: every 3rd Thursday

Time: 9:00 am

Location: 4500 Lancaster, Dallas, Texas 75216 (Engineering Building 9)

NOTE: Please provide an anticipated attendance list prior to attendance

The safety plan shall include:

Title, signature and phone number of the plan preparer

Title, signature and phone number of the plan approver

Background information on the project:

Contractor, contract number, project name, description of work to be performed and location of work to be performed, contractor accident experience such as OSHA 200 forms, corporate safety trend analysis, and a listing of phases of work and hazardous activities requiring hazard analysis.

Statement of safety & health policy

Administrative responsibilities for implementing the plan

Identification and accountability of personnel responsible for accident prevention

Means for controlling work activities of subcontractors and suppliers

Responsibilities of subcontractors

Plans for safety orientation of new employees / sub contractors

Plans for continued safety training

Provisions for safety inspections to include

Work site/material and equipment inspection

Means for recording inspection results

Timetable for correction of deficiencies

Procedures for follow-up inspections to ensure correction

Responsibilities for investigation and reporting accidents/exposure

All accidents incident to the project will be investigated & reported within 24 hours

Accidents that result in a fatality, three or more persons admitted to a hospital or significant property damage will be reported immediately to the Contracting Officer. Contractors are responsible for notifying OSHA.

First aid treatments shall be reported and recorded daily.

Responsibilities for maintaining accident data, reports and logs

Emergency response capabilities for disasters

Emergency Plans will include emergency phone numbers and shall be tested periodically. Plans shall include escape procedures, employee accounting following an emergency evacuation, rescue and medical duties, means of reporting emergencies and persons to be contacted.

Plans for maintaining job cleanup and safe access

Public safety requirements (fencing/signs)

Prevention of alcohol/drug abuse on the job

NOTE: Items that are commonly omitted in safety plans:

Plans for hazard communication program must include:

1. A list of hazardous chemicals known to be present

2. Methods used to inform employees of the hazards

3. Containers must be present and labeled

4. MSDS for each hazardous chemical on site

Plans must identify monthly supervisor safety meeting and weekly worker safety meetings.

Meetings shall be documented including the date, attendance, subjects, and the name of individuals who conducted the meeting.

Fire protection plan: Establish and maintain a fire protection program in accordance with 29 CFR 1926. Prior to start of work; prepare a plan detailing project-specific fire safety measures. As part of the Fire Safety Plan the contractor shall include the following applicable standards NFPA 101, NFPA 1, NFPA 241. These standards describe requirements when the Fire protection Systems are impaired. Any open piping/conduit and/or penetrations extending through walls or floors from the construction area into a non-construction compartment will need to be capped off and fire stopped. All hot work will require a permit a facility Safety Officer will inspect the area before such work is performed.

NOTE: When fire protection systems are disrupted, contractors shall ensure procedures are incorporated to maintain equivalent levels of fire protection and provide formal notification to the facility. Procedures shall be approved by facility CSO (construction safety officer) or project COR (contracting officer representative) prior to implementation.

Safety requirements for the hazards identified on the job site such as listed but not limited to the following:

Fall protection

Alternate measures for impaired fire protection systems (sprinkler, fire alarm, etc)

Asbestos exposure

Confined space entry

Lock out/tag out

Excavations

Electrical safety

Machinery and mechanized equipment

Hand and power tools

Contingency plan for severe weather

Hot work (welding, torch cutting, brazing etc)

Flammable storage

NOTE: Plan must indicate that no hot work shall be performed without required burn permit issued by safety)

Hazard Analysis

Prior to beginning EACH PHASE OF WORK, an activity hazard analysis shall be prepared by the contractor performing that work. Work shall not proceed until the hazard analysis has been accepted by facility Construction Safety Coordinator.

The analysis will:

Define the activity being performed

Identify the sequence of work to be accomplished

Identify the specific hazards that are anticipated

Identify the control measures that shall be implemented to reduce each hazard to an acceptable level

Hazard analysis shall identify the principal steps to be accomplished in sequence to accomplish the operations. Equipment used in the operation shall be listed on the hazard analysis form. Inspection requirements for the equipment and machinery shall be listed on the hazard analysis form. Each step shall be analyzed to identify its potential hazards and a recommended control shall be identified to reduce the hazard to an acceptable level.

Hazard Analysis Work Phase:

Activity Analyzed by/Date Reviewed by/Date

Principal Potential Recommended

Steps Hazards Controls

Identify the Identify the potential hazards List specific control measures sequence of work activities

Equipment Inspection Training / certification requirements to be used Requirements

List equipment/machinery List inspection List trained /certified operators .

used in conducting the work requirement for activities equipment/machinery listed

A.5 V.T.C.A. Tax Code §151.311

Offerors are hereby notified that in accordance with V.T.C.A., Tax Code §151.311, the purchase of tangible personal property for use in the performance of a contract for an organization exempted under Section

151.309 or 151.310 of this code is exempt if the tangible personal property is incorporated into realty in the performance of the contract. Additionally, the purchase of tangible personal property, other than machinery or equipment and its accessories and repair and replacement parts, for use in the performance of a contract for an improvement to realty for an organization exempted under Section 151.309 or 151.310 of the code is exempt if the tangible personal property is necessary and essential for the performance of the contract and completely consumed on the job. The VA is an exempt organization.

Therefore, the contractor’s purchase of such building and construction materials within the State of Texas to be incorporated into the real property belonging to the U.S. Department of Veterans Affairs (VA) or completely used in the performance of the contract is subject to exemption from Texas Sales and Use taxes under the code. To take advantage of the tax exemption the successful offeror under this solicitation must complete a Texas Sales and Use Tax Exemption Certificate when it purchases construction materials for this contract.

Notwithstanding FAR 52.229-3, all bids received in response to this solicitation are presumed to reflect this tax exemption, and therefore should not include Texas’ Sales or Use Taxes on sales of materials for incorporation into VA real estate under this contract or used in the performance of this contract.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 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)

2.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause 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 Clause)

2.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB COVERED ENTITIES (DEC 2023)

(a) Definitions. As used in this clause—Kaspersky Lab covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., ‘‘Kaspersky’’;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any Kaspersky Lab covered article.

The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

2.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111- 212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of Clause)

2.5 52.214-31 FACSIMILE BIDS (DEC 1989)

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

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

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

(d) Facsimile bids must contain the required signatures.

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

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

(1) Telephone number of receiving facsimile equipment:

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

horacio.fernandez@va.gov email only

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

(1) Receipt of garbled or incomplete bid.

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

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of bid.

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

(6) Illegibility of bid.

(7) Security of bid data.

(End of Provision)

2.6 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)

2.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (FEB 2024)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth…