36C25725R0060 Conformed Through Amendment 0002.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.

1 161

36C25725R0060 X

10-14-2025

671-22-139

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

Horacio Fernandez 254-421-4096

Acquisition Title: Install Electrical Generator at the Fisher House Project No. 671-22-139

Contractor shall provide all necessary labor, materials, equipment, and supervision to complete all required project work in accordance with the provided SOW, Specifications, and Drawings. Project is located at the Fisher House 7485 Wurzbach Road, San Antonio, TX 78229.

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

Magnitude of the Construction Project: Between $500,000.00 and $1,000,000.00 The applicable North American Industry Classification System (NAICS) code for this project is 238210 ($19 Mil)

Pre-Bid Site Visit shall be held on October 22, 2025, at 10:00 AM CST. All interested Contactors shall meet at the San Antonio VAMC Engineering Conference Room, E002, 7400 Merton Minter Avenue, San Antonio, TX 78229 Meet at VAMC conference room and then walk over to Fisher House POC: Michael Agwu, 210-993-2061 Alt POC: Roger DeVeaux, 210-378-5890

Cut off for submission of RFI(s)/Questions shall be October30, 2024 @ 15:00 PM CST. All RFI(s)/Questions must be emailed to the following email: horacio.fernande@va.gov. Please include the solicitation 36C25725R0060 on the subject line. RFI(s)/Questions must be submitted in word format.

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

SUBMISSION OF OFFER: All offers shall be submitted via email to the following email address: horacio.fernandez@va.gov by the date and time as stated in Block 13a below. Please include the solicitation 36C25725R0060 on the subject line of your email when submitting your bid package.

Note: All Bidders must comply with submission of the required documentation for OSHA-EMR Requirements and Self-Performed Work IAW "Limitations on Subcontracting" (VAAR 852.219-75).

10 560

X X 52.211-10

X 10 zero (0) 3PM CST

11-25-2025

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

36C671

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

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-2024-0108

36C25725R0060

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.5. PROPOSAL PREPARATION INSTRUCTIONS

A.6 OFFEROR’S SELF PERFORMED CALCULATIONS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

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

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

2.3 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

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

2.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2025)

(DEVIATION FEB 2025)

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)

GENERAL CONDITIONS

4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

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

PROHIBITION (DEC 2023)

4.3 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JAN 2025)

4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

4.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

4.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

4.10 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.11 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

(DEVIATION)

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE

OF COMPLIANCE FOR SERVICES AND CONSTRUCTION

(JAN 2023) (DEVIATION)

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

4.14 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.15 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (DEVIATION)

(JAN 2023)

4.16 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION)(APR 2025)

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

4.18 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

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

2018)

4.20 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

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

4.23 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.24 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) 149

4.25 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.26 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD

SERVICES (OCT 2018)

A.9 V.T.C.A. Tax Code §151.311

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVIC

ES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 JB _____________

Project #: 671-22-139 Planning UID: VA-25-00016737 Contracting UID: 36C257-25-AP-0426 Project Title: Install Electrical Generator at the Fisher House Project Description/SOW: Installation of a new diesel-powered emergency generator, generator enclosure, load bank, annunciator panel and all system required for proper operation.

0002 1.00 EA _____________

Cost of Performance and Payment Bonds

GRAND TOTAL _____________

A.5. PROPOSAL PREPARATION INSTRUCTIONS

1. Introduction: These instructions prescribe the format of proposals along with the development and presentation of the proposal data. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of proposals. Offerors shall carefully review this section prior to commencing proposal preparation and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.

2. Notice: For a proposal to be considered, offerors must strictly comply with all instructions outlined in this solicitation. Furthermore, all solicitation amendments (if any) must be acknowledged in accordance with FAR Clause 52.215-1- Instructions to Offerors. Failure to furnish proposals that comply with all instructions and include complete copies of required documents, at the predetermined due date for submission, shall result in elimination from consideration for award.

3. Submission instructions: Offers must be submitted by email to the Contracting Officer, Horacio Fernandez, by email at horacio.fernandez@va.gov. Proposals may not be submitted by fax. Offers must be submitted on or before the due date and time listed on page one, block thirteen.

Proposals must be submitted in four volumes:

a. Technical Acceptability-Vol. I

b. Past Performance-Vol. II

c. Price-Vol. III

d. Solicitation, Offer, & Award Documents-Vol. IV

Offerors may submit their proposals in one to four emails. Volumes I through IV must be submitted as separate, searchable PDF’s. Each volume must be submitted as attachments to their submission email(s). Proposals submitted by any other method, including hyperlinks or drop boxes, will not be considered. The subject of each email shall be in the following format, specifying which volume(s) are included:

“36C25726R0012, 674-22-805 Proposal – Company Name, Volume I”. Each email must clearly indicate how many total emails the Offeror will be sending.

4. Format Instructions: Proposals must be clearly indexed and logically assembled. Each volume must have a clear title at the top of the first page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer.

Proposal page limitations are applicable to this procurement. The table below indicates the maximum page count for each volume:

Volume Number Factor File Name Page Limitations

Volume I Technical Acceptability Tech.pdf 5 pages

Volume II Past Performance Past Perf.pdf 40 pages

Volume III Price/Cost Price.docx Complete A.3, Price/Cost Schedule for Project Pricing

Volume IV Solicitation, Amendments, Offer & Award Documents, Certifications & Representations

OfrRep.pdf None

If the Offeror submits annexes, documentation, attachments, or the like, such will count against the Offeror’s page limitations unless otherwise indicated in this solicitation. The page count will be determined by counting the pages in the order they come up in the print layout view. Pages in violation of these instructions, including those that exceed the total page limit for a particular volume, will not be evaluated. Proposals must be in at least 12-point font and have at least 1” margins.

If an offeror includes a table of contents or a glossary of terms or abbreviations, those pages will not be included in the page count of that volume. However, substantive information included on table of contents or glossary pages will not be considered.

1. Content Instructions: Information must be confined to the appropriate volume. The Offeror shall confine submissions to essential matters sufficient to define the proposal and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. All proprietary information shall be clearly and properly marked.

2. Volume Specific Submittal Instructions:

a. Volume I – Technical Acceptability: Provide proof of Experience Modification

Rating (EMR). Each Offeror shall provide their current EMR, or verifiable equivalent, from their insurance company or from their state, based on the offeror’s state of incorporation’s EMR requirements. The Government will consider the most recent timeframe corresponding to the Offeror’s insurance coverage period. If an offeror submits an EMR older than 12 months, using a three-year average at the time of proposal submittal, that offer shall be deemed unacceptable and cause the offeror to be removed from competition. An EMR less than or equal to 1.00 will be considered technically acceptable. If the NCCI cannot issue an EMR because the Offeror lacks insurance history, the Offeror 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 Offeror a Unity Rating of 1.0.

b. Volume II – Past Performance Past Performance Project History Offerors are to submit information relating to up to three projects valued at least $500,000.00, it has completed within the last three years. Offerors must provide a detailed summary of these projects, including:

a. Owner Government Agency/Company who awarded contract

b. Location (physical address)

c. Project Name

d. Project Description (Details of construction renovation requirements, challenges, and solutions)

e. Project Cost and Cost Control Measures (original and final contract costs, contract mods, cost containment measures, value engineering, etc.)

f. Project Performance Period (Initial/Actual, schedule impacts and efficiencies)

g. Owner POC (Name, Title, Telephone Number, Email)

h. Subcontractors (Roles, Responsibilities, Percent of work)

i. A narrative description of the project that includes whether the project involved work on a healthcare installation. The narrative must also address the complexity and magnitude of the project, any challenges faced and how the offeror responded to those challenges, whether the project stayed on schedule, whether any unforeseen site conditions were encountered, any other unusual factors, and the degree of success obtained. Offerors are encouraged to include supporting documents such as photographs that support the narrative.

c. Volume III – Price: Complete Price/Cost Schedule

(1) Complete the price offer schedule in section A.3

(2) Price shall be addressed using the attached price breakdown worksheet, which is included in Attachment 5.

(3) Provide supporting documentation showing quotes/price breakdowns for both prime and subcontractors.

NOTE: Price breakdown shall be indicative of showing at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns in accordance with VAAR 852.219- 73(d)(3).

d. Volume IV - Solicitation, Offer, & Award Documents-Vol. IV

i. Certifications and Representations. An authorized official of the offeror shall sign the SF 1442 and all certifications requiring original signature.

Volume 4 must contain the following:

1. Solicitation Section A – Standard Form SF 1442 and Acknowledgement of Amendments, if any.

2. Any proposed exceptions to solicitation terms and conditions. Any Offeror-imposed terms and conditions which deviate from the Government’s material terms and conditions established by the Solicitation, may render the Offeror’s proposal Unacceptable and thus ineligible for award.

3. A copy of the VETS 4212 Federal Contractor Reporting (if applicable).

4. Signed 852.219-75, VA Notice of Limitations on Subcontracting— Certificate of Compliance for Services and Construction.

5. Any offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture:

a. have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402; and

b. will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the offeror’s proposal will render the offeror ineligible for award.

EVALUATION FACTORS FOR AWARD

1. Source Selection Process Overview. All proposals shall be subject to evaluation by a team of Government personnel. Proposals will be evaluated strictly in accordance with their written content. Subjective judgment by the government is implicit in the evaluation process.

Basis for Award.

The Source Selection process will be completed as a past performance, price tradeoff (PPTO), where there is a tradeoff between past performance and price factors and will allow the Government to accept other than the lowest priced proposal. Past performance is significantly more important than price. The highest past performance, lowest price-rated offerors will determine the best value basis for contract awards.

The Highest Past Performance Rated, Lowest Price approach will best achieve the objective of awarding contracts to Offerors for Project (insert project name), with expertise and qualities that are most important to VISN 17. The Government will make an award to the contractor that obtains a substantial confidence rating for the past performance factor. The Government reserves the right to award to a contractor who obtains substantial confidence, followed by satisfactory confidence if deemed necessary.

a. The Government will first review proposals to determine whether they are complete and comply with the instructions set forth in this solicitation. The Government will eliminate all proposals that were submitted late and not subject to an applicable exception, fail to comply with all instructions, or are incomplete. Offerors are to be and will be verified at https://dsbs.sba.gov/ as a SDVOSB under NAICS Code: 238210 – Electrical Contractors and Other Wiring Installation Contractors which has a $19 Million small business size standard. The Government will then determine whether remaining offerors are able to meet the following bonding requirements. Each offeror must demonstrate its ability to obtain bonding for a minimum amount of the offeror’s proposed price. The offeror shall demonstrate all bonding comes from the Bureau of the Fiscal Service (BFS), Surety Bonds, List of Certified Companies found at https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html. A signed letter of bonding capability will also be considered sufficient for the purposes of meeting the bonding requirements.

A complete proposal is one that includes all required information and documentation, including any applicable representations, forms, or clauses requiring information or signatures from offerors. Proposals which merely restate a requirement or state that a requirement will be met, without providing supporting rationale, will be deemed incomplete and not considered.

b. Next, the Government will evaluate each remaining offeror’s Volume I Technical Capability. The Government will eliminate any proposals that are not technically acceptable.

c. The Government will then conduct a tradeoff process with all remaining offerors. The Government will consider Volume II Past Performance and Volume III Price in this tradeoff process. In using this source selection process, the Government intends to make award based on which offeror provides the best value to the Government considering the past performance and price of each remaining offeror. Past Performance is significantly more important than price in this process. The Government may thus choose not to make award to the offer with the highest past performance rating or the lowest priced offeror. In the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner. The Government intends to rate and then rank each offeror before deciding which offeror presents sufficient value to merit award. The Government reserves the right to not make award to an offeror who does not present sufficient value considering past performance and price.

d. The Government intends to make award without discussions, but it reserves the right to conduct discussions if doing so would be in the best interest of the Government. Initial proposals should contain offeror’s best offer. The Government may request clarifications, as described in FAR 15.306(a).

e. A contract will be awarded to the offeror who presents the best value to the Government considering Past Performance and Price.

2. Evaluation Factors

a. Technical Acceptability: Experience Modification Rating (EMR)

i. The Offeror shall provide their current EMR. Any EMR older than 12 months, at the time of proposal submittal shall be deemed unacceptable and cause the offeror to be removed from competition. An EMR less than or equal to 1.00 is considered Technically Acceptable.

ii. The Offeror shall provide their EMR or verifiable equivalent, from their insurance company or from their state, based off the offeror’s state of incorporation’s EMR requirements. The EMR, or equivalent, shall be newer than 12 months, at time of proposal receipt. It is understood that EMRs may have a future forecasted start date due to how the company who generates EMRs assigns EMRs. As such, EMRs provided with a future start date will be deemed acceptable, if an EMR is not more than three months from the date of solicitation close date. A letter that states there isn’t enough work experience to have EMR will automatically constitute a numbered rating of “1.0”. Any stated equivalents shall be explained thoroughly to the Government. A lack of sufficient detail may deem this Factor as “Unacceptable”.

iii. Any Offeror who receives a rating of Unacceptable as part of the technical acceptability review will be eliminated from consideration for award.

b. Past Performance

i. The Government will assess the relative risks associated with an Offeror's likelihood of success in fulfilling the solicitation's requirements as indicated by that Offeror's record of past performance. In this context, “Offeror” refers to the proposed prime contractor. A joint venture will be assessed on the combined performance of each or as a team of the joint venture offerors.

ii. The Government will conduct a performance risk assessment based on the quality, relevancy, and recency of the Offeror's past performance, as well as that of its major subcontractors, as it relates to the probability of successful accomplishment of the required effort. Offerors are cautioned that the Government will review available past performance data available in the Contractor Performance Assessment Reporting System (CPARS). The Government reserves the right to consider past performance information from any available source and may contact customers other than those identified by the Offeror when evaluating past performance. Since the Government may not necessarily interview all the sources provided by the Offerors, it is incumbent upon the Offerors to explain the relevance of any data provided. Offerors are reminded that the burden of proving low performance risk rests with the Offerors.

Per FAR 15.305(a)(2)(iv), “in the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.”

c. Price: Fixed Price. The Government will evaluate offers by adding the total of all line-item prices. The Total Evaluated Price will be that sum. The Government will evaluate the total proposed price of all Offerors who are not eliminated before the tradeoff process stage as an indicator of the value the Offeror will provide on project. The Government will also evaluate the Total Evaluated Price to determine whether proposals are fair and reasonable.

SOLICITATION, AMENDMENTS, OFFER, AWARD DOCUMENTS, CERTIFICATIONS

AND REPRESENTATIONS.

1. Standard Form (SF) 1442 Solicitation, Offer, and Award:

All blocks under section "OFFER" on page 2 of SF 1442 (Item 14 through 20C) shall be completed. Offerors shall be solely responsible for monitoring Government's website SAM.gov for amendments to this solicitation, if any, and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments.

2. Duly executed Bid Bond /Guarantee:

Offerors shall use form SF24 Bid Bond. Bid bonds that are found noncompliant with bid guarantee requirements may result in the rejection of the offer. See clause 52.228-1 Bid Guarantee for additional information on the compliance with bid guarantee requirements.

3. SDVOSB Certification:

Offerors are required to be SDVOSB certified with the Small Business Administration (SBA). Offerors must register their businesses at MySBA Certifications, https://certifications.sba.gov/. Verification of the offerors’ SDVOSB certification will be conducted using SBA Small Business Search, https://search.certifications.sba.gov/.

Offerors must have an active registration in the System for Award Management (SAM), including completed and annually validated representations and certifications.

Verification of offerors active SDVOSB registration will be conducted using SAM.gov.

4. Acknowledgement of All Amendments:

The Offeror must acknowledge and agree to all amendments by either 1.) completing block 19 of the SF 1442, or 2.) returning the signed amendment form(s) with the submission.

5. Bid Guarantee:

The Offeror must furnish a bid guarantee (see FAR 52.228-1). The bid guarantee must be provided on SF 24.

6. Representations & Certifications:

To be eligible for award, offerors must have an active System for Award Management (SAM) registration when submitting their proposal and at the time of award, validate their annual representations and certifications via SAM.gov (https://sam.gov). Offerors must complete and sign FAR clause 52.219-28(h) if they are a small business that does not have representations and certifications (reps and certs) in SAM. This solicitation includes the provision at FAR 52.204-7; therefore, offerors are not required to complete the representations and certifications at FAR 52.204-8(b)(2).

7. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment:

The Offeror must provide its response to FAR 52.204-24(d) Representation, unless the requirements in the first paragraph of this provision have been met.

8. Information Regarding Responsibility Matters:

The Offeror must provide its response to FAR 52.209-7(b).

9. Violation of Arms Control Treaties or Agreements:

The Offeror must provide its response to FAR 52.209-13(b) Certification.

10. Limitations on Subcontracting—Certificate of Compliance for Services and Construction:

To be eligible for award for an SDVOSB set-aside contract for services and construction, VAAR 852.219-75, Limitations on Subcontracting (LOS) requires certification to be completed, signed, and returned with the offeror’s proposal. The completed and signed forms will become part of the official award documentation.

a) VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION

(JAN 2023) (DEVIATION).

b) Self-Performed Work Calculation Worksheet.

11. Notice to SB Joint Venture/Mentor Protegee:

Any Offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and (2) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the Offeror’s proposal will render the Offeror ineligible for award.

12. Superintendent Work:

The awardee will be required to always provide a superintendent on the project in accordance with FAR Clause 52.236-6. The Superintendent is considered a key position and SHALL NOT be subcontracted and must work directly for the prime contractor.

The Government will strictly enforce all the proposal submission requirements outlined in the solicitation. Failure to comply with these requirements will result in an Offeror's proposal being rejected as being incomplete or non-conforming to solicitation requirements.

It is solely the responsibility of offerors to ensure the Government receives proposal before or on the exact due date and time set forth in this solicitation. Offerors shall provide confirmation of the bid bond delivery via email to Horacio Fernandez, horacio.fernandez@va.gov prior to the closing date and time.

Deadline for all inquiries for this solicitation is listed on SF1442. Government’s responses to inquiries will be issued in the form of Amendment(s) to be posted on the same website where this solicitation is posted: www.SAM.gov. All interested offerors, 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.

A.6 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 SBA 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 SBA 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 SBA SDVOSBs.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

FAR

Number

Title Date

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

FAR

Number

Title Date

52.228-1 BID GUARANTEE SEP 1996

2.2 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED

AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC

2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.3 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

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

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

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

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

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

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

(6) State the form of relief requested; and

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

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

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

(End of Provision)

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

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

2.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES

INCORPORATED BY REFERENCE (JAN 2008)

The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer.

Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.]

(End of Provision)

FAR RFO Provisions and Clauses Deviations

Due to the internal contract writing system not having the following provisions and clauses, they are listed at the end of section CON-100.

This is to reduce the amount of page breaks and resulting formatting issues that would arise by manually entering the provisions and clauses separately throughout this solicitation.

Note that class deviation dates are used to the maximum extent practicable.

52.204-7 System for Award Management—Registration.

As prescribed in 4.208(b)(1), insert the following provision:

SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (NOV 2025)

The Offeror shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation and at the time of award. As part of the SAM registration process, the Government collects information, as described in paragraphs (b) through (d) of this provision, that is necessary to identify the Offeror and for the Offeror to be awarded Federal Government contracts. To register in SAM, go to https://www.sam.gov. Allow for processing time when registering in SAM. If the Offeror is not registered in SAM, it should register immediately after receiving this solicitation.

(a) Definitions. As used in this provision—

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at the Federal Acquisition Regulation (FAR) 52.204-13, System for Award Management— Maintenance, of this solicitation.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer identification number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.

Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-13, System for Award Management—Maintenance, of this solicitation.

(b) Identifiers. The Offeror shall obtain and provide the following identifying information:

(1) Unique entity identifier (UEI).

(i) The Offeror shall obtain a UEI to register in SAM. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI to the Offeror. Go to https://www.sam.gov for instructions on obtaining a UEI.

(ii) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.

(iii) The Contracting Officer will use the UEI to verify that the Offeror has an active Federal Government contracts registration in SAM.

(2) Taxpayer identification number (TIN).

(i) The Offeror shall provide its TIN or related information to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d); reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and implementing regulations issued by the IRS. The Offeror shall consent for TIN validation; and

(3) Commercial and Government Entity (CAGE) code.

(i) The Offeror shall provide a CAGE code and legal business name (Do not use a “doing business as” name) for—

(A) Itself;

(B) Its immediate owner(s), if any;

(C) Its highest-level owner, if any; and

(D) Any predecessor(s), or predecessor of an Offeror’s predecessor, that held a Federal contract or grant within the last three years.

(ii) If the Offeror is in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA CAGE Branch will assign a CAGE code to the Offeror as a part of the SAM registration process. For information on obtaining a CAGE code go to https://cage.dla.mil/.

(iii) The Offeror shall get from any immediate and/or highest-level owner(s) their respective CAGE code(s) to provide the code(s) as part of the registration (FAR 52.204-7(b)(3)(i)).

(iv) If the Offeror is located outside of the United States or its outlying areas, and does not already have a CAGE code assigned, the Offeror may obtain a CAGE code as indicated in the following table.

If the Offeror is… Then…

Located in a country that is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation

Contact the appropriate National Codification Bureau (https://www.nato.int/structur/ac/135/about/contacts)

Located in a country that is not a member of NATO or a sponsored nation

Contact the NATO Support and Procurement Agency (NSPA) (https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(c) Representations and certifications.

(1) The following FAR solicitation provisions contain entity-level representations and certifications that the Offeror shall submit as part of their Federal Government contracts registration in SAM:

Provision Title Date

52.204-5 Women-Owned Business (Other Than Small Business) Oct

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations— Representation

Nov

52.209-5 Certification Regarding Responsibility Matters Aug

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

Feb

52.219-1 Small Business Program Representations Feb

52.219-1 Alt I

Small Business Program Representations, with its Alternate I

Feb

52.219-1 Alt II Small Business Program Representations, with its Alternate II

Mar

52.226-2 Historically Black College or University and Minority Institution Representation

Oct

(2) By submitting its offer, the Offeror verifies that, as of the date of its offer, its representations and certifications posted electronically in SAM for the provisions listed in paragraph (c)(1) of this provision are current, accurate, and complete. The Offeror’s representations and certifications in SAM are hereby incorporated by reference into its offer.

(d) Other information. The Offeror shall provide more information on its business operations and type that is necessary to be considered for award of certain contracts and financial information necessary to receive payment under contracts.

(End of provision)

52.204-13 System for Award Management—Maintenance.

As prescribed in 4.208(b)(2), use the following clause:

SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (NOV 2025)

(a) Definitions. As used in this clause—

Commercial and Government Entity code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

52.204-14 Service Contract Reporting Requirements.

As prescribed in 4.208(f)(2), insert the following clause:

SERVICE CONTRACT REPORTING REQUIREMENTS (NOV 2025)

(a) Definition. As used in this clause—

First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract.