36C25725B0012_1.docx

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Z2DA-- Renovation of the 1D Clinic Project No: 671-22-157
Solicitation number
36C25725B0012
Issued by

About this file

This is a Standard Form 1442 Solicitation, Offer and Award document for a construction project to renovate the 1D Clinic at the Audie L. Murphy VA Medical Center in San Antonio, TX. The solicitation, issued by the VA Regional Procurement Office West (RPO-W) Network Contracting Office 17, requires the contractor to provide all labor, materials, supplies, tools, equipment, supervision and construction services necessary for the renovation, including required testing and commissioning.

The project has an estimated value between $500,000 and $1,000,000 and is set aside 100% for Service-Disabled Veteran Owned Small Businesses (SDVOSB) under NAICS code 236220. The period of performance is 210 days after Notice to Proceed. A site visit is scheduled for February 4, 2025 at 9:00 AM CST. Requests for Information are due by February 11, 2025 at 12:00 PM CST, and bids must be submitted electronically by February 24, 2025 at 10:00 AM CST. A bid guarantee of 20% of the bid price (not to exceed $3M) is required, along with performance and payment bonds for contracts exceeding $150,000. Bidders must be registered in SAM.gov and certified in the SBA VetCert program.

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1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C25725B0012 X 01-27-2025

TBD

671-22-157 36C257 Department of Veterans Affairs Regional Procurement Office West (RPO-W) Network Contracting Office 17 1901 Veterans Memorial Dr, Bldg 171 Temple

TX

76504 Department of Veterans Affairs Regional Procurement Office West (RPO-W) Network Contracting Office 17 1901 Veterans Memorial Dr, Bldg 171 Temple

TX

76504 Makarim Abdul-Jabbar 682-415-0716 Title: Renovation of the 1D Clinic Description: Contractor shall provide all labor, materials, supplies, tools and equipment, supervision and construction services necessary for the 1D Clinic Renovation project. All necessary testing and commissioning shall be required.

Work will be performed at the Audie L. Murphy VA Medical Center, 7400 Merton Minter San Antonio, TX 78229.

Period of Performance: 210 days after Notice to Proceed is issued (this includes material purchase).

The Construction magnitude is between: $500,000 and $1,000,000.

All bidders mut submit a Bid Guarantee as part of their bid package. IAW FAR 52.228-15 Performance and Payment Bonds- Construction will be required when the resultant contract is expected to exceed $150,000.

IAW FAR 52.204-7 All prospective Contractors shall be registered in the System for Award Management prior to award.

All offeror(s) must be visible and certified in the Small Business Administration (SBA) Veteran Small Business Certification Program (VetCert).

NAICS: 236220; Size Standard: $45 Million.

This Requirement is a "competitive" offer, Set-Aside 100% for Service-Disabled Veteran Owned Small Business (SDVOSB) IAW Public Law 109-461 (38 US 8127).

Site Visit: February 4, 2025 at 09:00 AM CST. Meet at the Audie L Murphy VA Medical Center 7400 Merton Minter, San Antonio, TX Building 1 (1D Clinic - Dermatology), Level 1, Room D101 (Group Room). See Attachment 7 for more details.

POC Site Visit: Christopher Simmons christopher.simmons2@va.gov; (210) 454-0356.

Requests for Information (RFI) are due NLT February 11, 2025 12:00 PM CST. Bids are due no later than February 24, 2025;

at 10:00 AM CST. RFIs and Bids shall be submitted electronically via email to the Contracting Officer include the Solicitation number in the Subject line: Makarim.abdul-jabbar@va.gov. No phone or faxed inquiry will be accepted.

All bidders must comply with submission of the required documentation for OSHA-EMR Requirements and Self-Performed work IAW Limitations on Subcontracting.

The public bid opening shall be an electronic public bid opening. Bid abstracts will be available upon request via email to: makarim.abdul-jabbar@va.gov.

X X 52.211-10 X zero

10:00 AM

CST

02-24-2025 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

36C257

NCO 17

Department of Veterans Affairs North Texas Veterans Health Care Center 124 E. Hwy 67, Suite 100 Duncanville

TX

75137 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 Makarim Abdul-Jabbar

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 SCHEDULE OF PRICES/DESCRIPTION5
A.4 OFFEROR’S SELF PERFORMED CALCULATIONS6
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS7
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)16
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)16
2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)16
2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)18
2.5 52.228-1 BID GUARANTEE (SEP 1996)19
2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)19
2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)20
2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)20
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)21
2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)21
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)21
REPRESENTATIONS AND CERTIFICATIONS23
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)23
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)27
3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)29
3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)31
GENERAL CONDITIONS34
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)34
4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)34
4.3 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)35
4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)40
4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)40
4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)43
4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)43
4.8 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2024)44
4.9 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)45
4.10 SUPPLEMENTAL INSURANCE REQUIREMENTS50
4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)51
4.12 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)52
4.13 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)54
4.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)57
4.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)58
4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)60
4.17 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)61
4.18 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)61
4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)61
4.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)63
4.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)63

A.3 SCHEDULE OF PRICES/DESCRIPTION

RENOVATION OF THE 1D CLINIC / PROJECT NO: 671-22-157

DESCRIPTION: Contractor shall provide all labor, materials, supplies, tools and equipment, supervision and construction services necessary for the 1D Clinic Renovation project. All necessary testing and commissioning shall be required. Work will be performed at at the STVVHCS, Audie L. Murphy VA Medical Center, 7400 Merton Minter San Antonio, TX 78229. All work shall be performed in accordance with the Statement of Work (SOW), specifications, and drawings.

BID ITEM(s):

ITEM NUMBER
DESCRIPTION OF SERVICES
QUANTITY
UNIT
UNIT PRICE
TOTAL BID AMOUNT
0001
Contractor shall provide all labor, materials, supplies, tools and equipment, supervision and construction services necessary for the 1D Clinic Renovation project. All necessary testing and commissioning shall be required. Work will be performed at at the STVVHCS, Audie L. Murphy VA Medical Center, 7400 Merton Minter San Antonio, TX 78229. All work shall be performed in accordance with the Statement of Work (SOW), specifications, and drawings.
1.00
JB
0002
Cost of Performance and Payment Bonds
1.00
EA

BID TOTAL (Items 0001 & 0002)

**TOTAL PROJECT DURATION Contract:

210 calendar days from issuance of Notice to Proceed to complete the project work.

Page 1 of Page 1 of

A.4 OFFEROR’S SELF PERFORMED CALCULATIONS

INSTRUCTIONS FOR CALCULATION OF SELF-PERFORMED WORK IAW “Limitations on Subcontracting” (VAAR 852.219-75 Notice of Limitations on Subcontracting)

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

a) Offeror’s total proposed price: $ __________

b) Cost of Materials $ __________

c) Total excluding materials (a-b) $ __________

d) Amount projected to be paid to Non-VetCert listed SDVOSBs: $ __________ (not including materials)

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

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

A/E-Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified VetCert SDVOSBs.

General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified VetCert SDVOSBs.

Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified VetCert SDVOSBs.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

1. BIDDING MATERIALS: All bidding materials consisting of this solicitation/amendments, drawings, and specifications, and all other related documents will be posted to Contract Opportunities located at https://sam.gov/ for the respective qualified General (Prime) Contractors interested in submitting bids directly to the Department of Veterans Affairs. This is the only official location where these documents can be obtained and where updates are posted. No “hard copy” bidding materials are available.

2. BID GUARANTEE: Duly executed Bid Bond/Guarantee: IAW FAR 52.228-1 Bid guarantee is required if the bid is expected to exceed $150,000. A bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less. Failure to furnish the required bid guarantee in the proper form and amount with the bid submission, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. Bid Bonds must be provided using Standard Form 24 and be from a corporate surety listed in Treasury Department Circular 570. Individual sureties shall be determined acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety.

3. PAYMENT/PERFORMANCE BONDS: For any construction contract exceeding $150,000 the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, Standard Form (SF) 25A, and a Performance Bond, SF 25. The penal amount of performance and payments bonds must equal 100 percent of the original contract price; and if the contract price increases, an additional amount equal to 100 percent of the increase. (See FAR 28.102 and 52.228-15).

4. ALTERNATIVE PAYMENT PROTECTIONS: For any construction contract exceeding $35,000 but not exceeding $150,000, the bidder to whom award is made will be required to furnish payment protections. The penal amount of the payment bond or the amount of alternative payment protection must equal 100 percent of the original contract price; and if the contract price increases, an additional amount equal to 100 percent of the increase. (See FAR 28.102 and 52.228-13). The VA may request, but is not obligated to require, a payment bond or an irrevocable letter of credit (ILC) as the selected form of alternative payment protection. The contractor shall submit to the Government one of the payment protections selected by the contracting officer before receiving a notice to proceed with the work. See 52.228-13 for payment protection selected.

Note: See https://www.acquisition.gov/browse/index/far FAR 28.106-1, Bonds and Bond-Related forms to retrieve the aforementioned Standard Forms.

PREPARATION OF BIDS

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

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

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

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

4. BID SUBMISSION:

Electronic bids transmitted through email are the only authorized form of submission under this solicitation. One (1) emailed electronic PDF document of the bid shall be submitted by the date/time specified on Page 1., SF 1442, 13a.

Email Transmission Warning: The act of clicking “Send” does not guarantee immediate transmission. Email servers may experience delays, and the time a bidder presses “Send” is not necessarily the time the bid is transmitted from their email server. The VA will use the email header metadata to determine the exact time the bid was transmitted from the bidder’s server. If the bid is determined to be late based on the VA’s email records, but the bidder can provide verifiable evidence that the bid was sent on time, the VA may, at its sole discretion, consider the bid. Bidders are strongly advised not to wait until the last minute to submit bids.

The following documents shall be submitted to the Contracting Officer on the due date and time listed on the SF 1442. The emailed electronic PDF document of the bid shall be organized as follows:

a) Standard Form 1442: Page 2 of the SF1442 shall be completed and signed by the signatory authority. All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) shall be completed. Failure to complete all blocks may result in the bid being deemed nonresponsive.

b) Acknowledgement of Amendments: Bidders shall be solely responsible for monitoring Government’s website https://sam.gov for amendments (Standard Form 30) to this solicitation if any, Bidders must acknowledge all amendments to the solicitation by listing the amendment number and date of each amendment in Block 19 of the SF 1442. Failure to acknowledge all amendments may result in the bid being deemed nonresponsive.

c) Price Schedule: Schedule of Prices/Description shall be completed by the bidder.

d) Bid Bond: Duly executed Bid Bond/Guarantee: IAW FAR 52.228-1 Bid guarantee is required if the bid is expected to exceed $150,000. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Bid Bonds must be provided using Standard Form 24 and be from a corporate surety listed in Treasury Department Circular 570.

e) VAAR Clause 852.219-75 VA Notice of Limitations on Subcontracting: Fill out this clause in its entirety and submit the clause and completed certification with the bid.

f) Calculations on Self-Performed Work: Complete the Self-Performed Work Calculations and return with the bid.

g) Representations and Certifications Clause: 52.204-8 Annual Representations and Certifications: since 52.204-7 is incorporated by reference in this solicitation, paragraph (d) under clause 52.204-8 applies to this contract. Bidder shall check the box in front of paragraph (2)(i) under clause 52.204-8 and indicate any changes under paragraph (d) of clause 52.204-8. If no change has been made to the bidder’s annual representations and certifications accessed through https://sam.gov, please indicate “NONE”. Fill out this clause in its entirety and submit it with the bid or you can submit your SAM.gov Reps and Certs on-line printout.

h) SBA VetCert Registration (evidence of SDVOSB Status): Evidence of certification from the U.S. Small Business Administration (SBA) Veteran Small Business Certification (VetCert) Program showing your firm as an eligible, visible, and certified Service-Disabled Veteran Owned Small Business (SDVOSB). To be eligible for award, Bidders are required to register their businesses at My SBA Certifications: https://certifications.sba.gov. To demonstrate compliance, bidders shall submit one of the following with their bid: A screenshot or printout from the SBA VetCert Database showing active certification; or a copy of their VetCert approval letter from the SBA. Failure to provide this evidence may result in the bid being deemed nonresponsive; however, the government reserves the right to independently verify certification status through the SBA’s VetCert database. If a bidder does not provide this documentation but the government is able to verify the bidder’s certification status the bid will be considered responsive.

i) SAM.gov Registration: To be eligible for award, Bidders are required to register their businesses at https://sam.gov and complete the Reps and Certs Section. The bidder shall have an active registration in SAM at the time of bid submission otherwise the Contracting Officer shall deem the bidder’s bid non-responsive to the solicitation requirements (See FAR 52.204-7). The government reserves the right to independently verify registration status through SAM.gov. Bidders are encouraged to provide their Unique Entity Identifier (UEI) number with their bid submission.

j) 52.219-28 Post-Award Small Business Program Representation: (Required if Applicable) If the Contractor does not have representations and certifications in SAM.gov or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete Section (h) of this clause. Fill out this clause in its entirety and complete Section (h), the authorized signer must sign and date.

k) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment: Fill out this clause in its entirety by completing (d)(1) and (d)(2) and return with the bid.

l) Vets-4212 Forms: The bidder shall affirm that they have filed the Vets-4212, Federal Contractor Veterans’ Employment Report (VETS-4212) forms for the prior fiscal year if the bidder was subject to the reporting requirements of 38 U.S.C. 4212(d) for that fiscal year. Contractors are required to submit a required annual Form VETS-4212, in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, visit the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements under Representations and Certifications and FAR clause 52.222-37, Employment Reports on Veterans.

m) SAFETY:

The Bidder 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) Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) Violation(s):

Bidders shall provide Summary of Work-Related Injuries and Illnesses, affirming that the Bidder has no more than three serious, or one repeat, or one willful Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) violation(s) in the past 3 years.

(2) Experience Modification Rate (EMR):

Bidders shall provide documentation (letter from insurance carrier) to show that the bidder has an Experience Modification Rate (EMR) of equal to or less than 1.0. If a Bidder’s EMR is above 1.0, Bidder must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and Puerto Rico shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

If the NCCI cannot issue an EMR because the Bidder lacks insurance history, Bidder shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that it has assigned Bidder a Unity Rating of 1.0.

The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

n) In accordance with FAR 9.104-1(a) and VAAM M809.104-1, the contracting office must ensure that prospective contractors possess adequate financial resources to perform the contract, or the ability to obtain them IAW FAR 9.104-3(a). To facilitate this determination, you shall submit any one of the four items listed below to demonstrate financial responsibility:

1. A letter of reference or other verification from your financial institution.

2. Copies of recent company audits and annual financial reports.

3. Copies of the past two years of annual tax returns.

4. A summary of your company’s past performance and delivery history ie:

CPARS

This shall be submitted as part of your offer as a separate document titled “Financial Responsibility”. The contract specialist/contracting officer will only evaluate the apparent awardees financial responsibility document prior to award.

Note: Bidders must submit all documents listed (A-N) as part of the bid package, however, failure to submit the items listed (A-F) may be considered a material defect, rendering the bid nonresponsive and subject to rejection. Failure to provide these documents in full by the submission deadline may result in rejection of the bid as nonresponsive.

The VA reserves the right at its sole discretion to determine whether a missing or incomplete submittal constitutes a material defect affecting responsiveness or an immaterial omission that may be clarified or supplemented.

Bidders are strongly encouraged to carefully review this solicitation and ensure all requested documents are included in their bid package. The government reserves the right to seek clarification or allow correction of minor informalities or irregularities in bids, in accordance with FAR 14.405, and may provide bidders an opportunity to cure such deficiencies or waive them if doing so is in the Government’s best interest.

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

a) Contracting Officer: Makarim Abdul-Jabbar | Email: makarim.abdul-jabbar@va.gov.

The Email Subject Line Shall include the Solicitation Number and Project Title

It is solely the responsibility of the bidders to ensure the Government receives the bids before or on the exact due date and time set forth in this solicitation. Emails are limited to five (5) MB.

REQUESTS FOR INFORMATION (RFIs)

1. To obtain clarifications and/or additional information concerning the solicitation requirements, specifications and/or drawings, or any other issue pertaining to the advertisement for bids, submit an RFI via email to the attention of the Contracting Officer at makarim.abdul-jabbar@va.gov. The email subject line shall include the Solicitation number and project title.

a. RFIs related to the project technical documents must be specific identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format.

b. RFIs related to the solicitation or other related documents shall refer to the specific provision, clause, etc. All requests for information must be submitted via email to the Contracting Officer for action no later than the date shown in Block 10 of the Standard Form 1442, Solicitation, Offer and Award. No phone or faxed inquiry will be accepted. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer.

2. Government’s responses to inquiries will be issued in the form of an amendment to the original solicitation and posted to the same website where this solicitation is posted: https://sam.gov. All interested bidders including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

BID OPENING

1. A public Bid Opening shall be a virtual public bid opening conducted the day bids are due. The time for this virtual public bid opening will start at 2:15 p.m. Central Standard Time (CST) to allow adequate time for bidders to join the meeting; with bid opening beginning promptly at 2:30 p.m. CST.

2. Attendance at the bid opening is not mandatory. If you are interested in attending, you are to email the Contracting Officer a separate email requesting attendance via email to: makarim.abdul-jabbar@va.gov. You must have access to Microsoft Teams or the ability to dial-in. No other opportunities for a bid opening will be provided. Questions will not be answered at the bid opening. Bids shall be opened by the bid opening officer and recorded on an official Bid Abstract. Bid Abstracts will be available upon request via email to: makarim.abdul-jabbar@va.gov.

Bid Opening Tentative Schedule:

Date: Day that bids are due 2:15 PM CST: Meeting Begins 2:25 PM CST: Instructions for Bid Opening 2:29 PM CST: One Minute Announcement of Opening of Bids 2:30 PM CST: Bid Opening Begins

BID EVALUATION

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

2. Bid prices will be evaluated as follows:

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

BASIS FOR CONTRACT AWARD

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

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

3. Determination of Responsibility:

a) Pursuant to FAR 9.103 prescribing that purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only, the Government will perform the determination of responsibility on the apparently lowest bidder whose bid is deemed conforming to the solicitation as stated under paragraph a). The Government’s determination of responsibility will be performed in accordance with FAR 9.1 and will include but not limited to the review of all federal excluded or debarred lists from different U.S. departments, and from the SAM.gov Responsibility/Qualification (R/Q) records, FedDataCheck Contractor Responsibility Assessment (CRA) Report; Dun and Bradstreet (D&B) Report; Contractor Performance Assessment Reporting System (CPARS), and Electronic Subcontract Reporting System (eSRS).

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

OTHER IMPORTANT BIDDER INFORMATION:

WAGE DETERMINATION

The wage determination is included as an attachment to the solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage determinations are available at https://sam.gov/.

EXCLUSIONS

Exclusion record identifies parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. Exclusions are also referred to as “suspensions” and “debarments.” The contractor is required to check exclusions located at https://sam.gov/ for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business with active exclusions.

VHA-Pre-Construction Risk Assessment (VHA-PCRA). A VHA-PCRA is a formal assessment protocol required to identify potential safety risks in the health care facility environment (that evaluates the impacts of construction, renovation, and maintenance) and create mitigation strategies to prevent, reduce or eliminate them prior to the initiation of any construction-related activities. The assessment includes an assessment of potential risks to occupants for air quality, infection prevention and control, utility requirements, noise, vibration and any other hazards applicable to the work. The VHA-PCRA may also include a detailed VHA-Infection Control Risk Assessment (VHA-ICRA) to assess infection-related risks to patients and residents. See attached VHA-PCRA for bidder awareness of VA assessed risks and required mitigation(s) that may impact contractor work activities.

VHA-Infection Control Risk Assessment (VHA-ICRA). For those construction activities where the initial infection control review within the VHA-PCRA identifies potential risks of infectious disease transmission affecting the care, treatment or services of patients or residents, a detailed analysis must be conducted using the VHA-ICRA form to document an in-depth infection risk assessment(s) and identification of mitigation actions/activities. A VHA-ICRA is a systematic process, conducted as part of the VHA-PCRA, that determines the level of potential infection risks to patients or residents due to the physical environment throughout the construction and commissioning process and defines controls to reduce these infection related risks. See attached VHA-ICRA for bidder awareness of VA assessed risks and required mitigation(s) that may impact contractor work activities.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS.

1. Each contractor whose construction contract award is estimated to exceed $750,000 is required to register with the CPARS database at the following web address: https://www.cpars.gov/ Help in registering can be obtained by contacting Customer Support Desk at 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor's registered representative.

1. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor's performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor's designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

1. Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government's evaluation being placed on file in the database with a statement that the “contractor failed to respond.”

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

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

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

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

Goals for minority participation for each trade
Goals for female participation for each trade
47.8 %
6.9 %

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

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

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

(End of Provision)

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

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

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

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

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

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

(End of Provision)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Makarim Abdul-Jabbar Hand-Carried Address:

Department of Veterans Affairs Regional Procurement Office West Network Contracting Office 17 1901 Veterans Memorial Dr., Bldg 171 Temple TX 76504 Mailing Address:

Department of Veterans Affairs Regional Procurement Office West Network Contracting Office 17 1901 Veterans Memorial Dr., Bldg 171 Temple TX 76504

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

(End of Provision)

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

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

(b) An organized site visit has been scheduled for— February 4, 2025 at 9:00 AM CST

(c) Participants will meet at— Building 1 (1D Clinic - Dermatology), Level 1, Room D101 (End of Provision)

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

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

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

(End of Provision)

FAR Number
Title
Date
52.204-7

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