36C25725R0097.docx

36C25725R0097

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.

36C25725R0097 X 12-31-2025 549-820E 36C257 Department of Veterans Affairs Network Contracting Office -17 1901 Veterans Memorial Dr., Bldg. 171 Temple TX 76504 Department of Veterans Affairs Network Contracting Office -17 1901 Veterans Memorial Dr., Bldg. 171 Temple TX 76504 Cassandra S. King cassandra.king@va.gov Acquisition Title: 549-820E, Renovate CUP Scrubbers

VA North Texas Healthcare System has a requirement for construction services to perform work on the cooling towers filtration system to identify deficiencies and areas needing improvement and to make necessary repairs and upgrades to identified deficiencies, ensuring all work meets current standards and codes.

Period of Performance: 120 calendar days after issuance of the Notice to Proceed. This includes material purchase.

This is a competitive set aside for 100% Service-Disabled Veteran Owned Small Business (SDVOSB).

This solicitation is being issued as a Request for Proposal(RFP).

The applicable NAICS is 238220 with a Size Standard of $19M.

The magnitude of this construction project is between $250,000 and $500,000.

Site Visit:

An organized site visit is scheduled for January 7, 2026, at 10:00 AM (CDT) , at the Dallas VA Medical Center located at 4500 S. Lancaster Road, Dallas, Texas 75216-7167. The meet up location is the Energy Center Bldg. 70, (Controls Room), attendees will be met by the COR. Site Visit Point of Contact: Vilma A. Arwood, vilma.arwood@va.gov.

RFI Due Date:

Requests for Information shall be in (MS Word) and submitted electronically via email to Cassandra King, cassandra.king@va.gov and Horacio Fernandez, horacio.fernandez@va.gov, no later than January 13, 2026, at 2:00 PM (CDT)

Proposal Due Date:

Proposals shall be submitted electronically via email to Cassandra King, cassandra.king@va.gov and Horacio Fernandez, horacio.fernandez@va.gov, no later than January 27, 2026, at 2:00 PM (CDT).

All Offerors shall submit a Bid Guarantee with their proposal. The awardee must be able to obtain and provide the necessary level of Performance and Payment Bonds.

X X 52.211-10 X Zero

2:00 PM

CST

01-27-2026 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple TX 76504 This is accomplished through the Tungsten Network located at:

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

(877) 353-9791

(512) 460-5540 Horacio Fernandez

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

1.00

JB

The contractor will inspect, repair, and upgrade the filtration system for the cooling towers at the Dallas Veterans Affairs Medical Center, 4500 S. Lancaster Rd., Dallas, TX 75216. This includes providing all labor and materials and completing the work on time and to the required standards.

NAICS 238220 - Plumbing, Heating, and Air-Conditioning Contractors

PSC - J041

Maintenance, Repair, and Rebuilding of Equipment- Refrigeration, Air Conditioning, and Air Circulating Equipment

1.00

EA

Cost of Payment and Performance Bonds

GRAND TOTAL

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A.4 – 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 Contract Specialist at cassandra.king@va.gov and Contracting Officer, Horacio Fernandez at horacio.fernandez@va.gov. Offers must be submitted on or before the due date and time [SF 1442, Block 13a].

A. Proposals must be submitted in four volumes.

1) Technical Acceptability-Vol. I

2) Past Performance-Vol. II

3) Price-Vol. III

4) Solicitation, Offer, & Award Documents-Vol. IV

B. Offerors may submit their proposals in one to four emails.

C. Volumes I through IV must be submitted as separate PDFs.

D. Each volume must be submitted as attachments to their submission email(s).

E. The email subject line shall include the solicitation number, project title, company name and volume. Each email must clearly indicate how many total emails the Offeror will be sending.

Example (1 email with volumes I-IV attached separately ):

[36C25725R0097, Renovate CUP Scrubbers, Company Name, Email 1 of 1, Volume I - IV]

Example ( 4 separate emails with each volume attached) [36C25725R0097, Renovate CUP Scrubbers, Company Name, Email 1 of 4, Volume I ]

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:

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.

A. 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.

B. Volume Specific Submittal Instructions:

(1) 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.

(2) Volume II – Past Performance Past Performance Project History: Offerors are to submit (3) three projects performed relating to Cooling Towers Filtration System as described in the Statement of Work for a healthcare facility. Offerors must provide 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 detailing the project scope related to Cooling Towers Filtration System (Piping and Drainage) work. Additionally, indicate whether the project site was a healthcare facility. 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.

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

a) Complete the price offer schedule in section A.3.

b) Price shall be addressed using the attached price breakdown worksheet (attached).

c) 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) VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION).

4. Volume IV - Solicitation, Offer, & Award Documents

a) Certifications and Representations. An authorized official of the offeror shall sign SF 1442 and all certifications requiring original signature. Volume IV 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). VETS 422 verification will be conducted via: https://www.dol.gov/agencies/vets/programs/vets4212.

(4) Shall be completed and 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 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.

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 52.228-1, BID GUARANTEE (SEP 1996) for additional information on the compliance with bid guarantee requirements.

The Offeror must furnish a bid guarantee, see 52.228-1, BID GUARANTEE (SEP 1996).

The bid guarantee must be provided on SF 24.

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. 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) - POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025) if they are a small business that does not have representations and certifications (reps and certs) in SAM.

6. Violation of Arms Control Treaties or Agreements:

The Offeror must provide its response to FAR 52.209-13(b) VIOLATION OF ARMS

CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (DEVIATION NOV 2025).

7. 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.

8. 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.

9. Superintendent Work:

The awardee will be required to always provide a superintendent on the project in accordance with FAR Clause 52.236-6 (DEVIATION AUG 2025). 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 Contract Specialist, cassandra.king@va.gov, and Contracting Officer, 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.

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.

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 Small Business Administration (SBA), MySBA Certifications, https://certifications.sba.gov/ as a SDVOSB under NAICS Code: 238220 – Plumbing, Heating, and Air-Conditioning 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 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 and comparing 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. FACTOR 1- Technical Acceptability: Experience Modification Rating (EMR)

(1) 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.

(2) 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”.

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

B. FACTOR 2 - Past Performance

(1) 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.

(2) 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. FACTOR 3 - 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.

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A.5 - 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.

A.6 – V.T.C.A Tax Code §151.311 Offerors are hereby notified that in accordance with V.T.C.A., Tax Code §151.311, the purchase of tangible personal property for use in the performance of a contract for an organization exempted under Section 151.309 or 151.310 of this code is exempt if the tangible personal property is incorporated into realty in the performance of the contract. Additionally, the purchase of tangible personal property, other than machinery or equipment and its accessories and repair and replacement parts, for use in the performance of a contract for an improvement to realty for an organization exempted under Section 151.309 or 151.310 of the code is exempt if the tangible personal property is necessary and essential for the performance of the contract and completely consumed on the job. The VA is an exempt organization.

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

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

The successful offeror is responsible for obtaining the certificate, as it is specific to the state of Texas, and not the VA.

A.7 – STATEMENT OF WORK

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 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)

2.2 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office- 17 1901 Veterans Memorial Dr. Building 171 Temple TX 76504 Mailing Address:

Department of Veterans Affairs Network Contracting Office -17 1901 Veterans Memorial Dr, Building 171 Temple TX 76504

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

(End of Provision)

2.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of Provision)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

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

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

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

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

Kaspersky Lab covered entity means—

(1) Kaspersky Lab;

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

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

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

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

(1)…