36C25726R0042_1.docx

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4120--Repair HVAC Dampers - Project 671-22-133 (VA-26-00010045)
Solicitation number
36C25726R0042
Issued by

About this file

This is a Request for Proposal (RFP) and associated solicitation documents for repair and replacement of HVAC dampers at Audie Murphy Memorial Veterans' Hospital in San Antonio, Texas. The solicitation number is 36C25726R0042 for Project 671-22-133, with a total set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under NAICS code 238220. The estimated contract value ranges between $1,000,000 and $5,000,000 on a firm-fixed-price basis with a 268-calendar-day performance period. The contractor must provide all labor, supervision, materials, equipment, and construction services necessary for installation, repair, and replacement of dampers and associated parts in compliance with VA specifications, NEC, NFPA, and applicable federal, state, local, and OSHA standards.

Key response and award dates include a mandatory site visit on January 28, 2026, at 10:00 AM CST, Requests for Information due by February 4, 2026, at 10:00 AM CST, and proposals due by February 20, 2026, via email. Performance and payment bonds are required at award. The awardee must designate a Superintendent as a key position that cannot be subcontracted and must work directly for the prime contractor. Special trade construction contractor limitations on subcontracting apply, allowing no more than 75 percent of contract value to be subcontracted to non-SDVOSB firms, excluding material costs. Offerors must submit four proposal volumes: Technical Acceptability (5 pages maximum), Past Performance (40 pages maximum, sanitized copy required), Price/Cost Schedule, and Solicitation/Offer & Award Documents with certifications. Technical acceptability requires an Experience Modification Rating (EMR) of 1.00 or less, no older than 12 months. Past performance evaluation emphasizes projects of $1 million or greater completed within the last three years, particularly those involving VA or other government agency healthcare campuses with similar damper repair/replacement scope. Additional requirements include security badging (allowing 30 business days), TB testing within 90 days prior to work, seasonal flu vaccination, infection control training, and compliance with federal records management, privacy, and information security protocols.

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1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

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

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C25726R0042 X

TBD

TBD

671-26-133 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 Stephanie Ingersoll 210-240-6838

This is a Request for Proposal (RFP) for 671-26-133 - Repair and Replace HVAC Dampers

The contractor shall provide all labor, supervision, materials, and equipment to complete all required project work in accordance with the Statement of Work.

NAICS: 238220 PSC: Z2DA Construction Magnitude: Between $1,000,000 and $5,000,000 IAW FAR 36.204(f).

This solicitation is 100% Service-Disabled Veteran Owned Small Business SDVOSB set-aside.

Performance and payment bonds are required.

Place of Performance: Audie Murphy Memorial Veterans' Hospital, 7400 Merton Minter Blvd, San Antonio, Texas 78229

Site Visit: January 28, 2026, at 10:00 AM CST at E002 Conference Room, at the Audie Murphy Memorial Veterans' Hospital POC Umair Aslam (210)439–0055 Email: Umair.Aslam@va.gov; Please see Attachment 3 for Site visit map

RFIs Due: 4 February 2026, by 10:00 AM CST, email to Rhonda.richardson5@va.gov and stephanie.ingersoll@va.gov Proposals Due: 20 February 2026, email to Rhonda.richardson5@va.gov and stephanie.ingersoll@va.gov

NOTE: Please follow all instructions to offerors on the following pages or your proposal could be deemed nonresponsive.

Awardees will be required to provide a Superintendent at all times work is being performed 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.

X X X

10:00 AM

CST

02-20-2026 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

36C257 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 Rhonda Richardson Contracting Officer

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 PRICE/COST SCHEDULE5
ITEM INFORMATION5
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS13
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS13
V.T.C.A. Tax Code §151.31121
2.1 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)21
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)21
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)22
2.4 52.228-1 BID GUARANTEE (SEP 1996)23
2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)23
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)24
2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)24
2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)25
2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)25
2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)26
2.11 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)26
REPRESENTATIONS AND CERTIFICATIONS28
3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)28
3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)29
3.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)31
GENERAL CONDITIONS36
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)36
4.2 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)36
4.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)39
4.4 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)44
4.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)44
4.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) ALTERNATE I (NOV 2025)54
4.7 SUPPLEMENTAL INSURANCE REQUIREMENTS63
4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)63
4.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)64
4.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)67
4.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)68
4.12 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)70
4.13 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)71
4.14 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)71
4.15 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)71
4.16 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)73
4.17 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)73

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
JB
__________________
__________________

The contractor shall provide all supervision, labor, equipment, and materials needed to complete work for Project 671-22-133 Repair HVAC Dampers per the provided drawings, specifications, and statement of work.

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: 4120 – Air Conditioning Equipt

1.00
EA
__________________
__________________

Performance and Payment Bonds PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: 4120 – Air Conditioning Equipt

GRAND TOTAL
__________________

STATEMENT OF WORK

671-22-133 Repair Dampers & Louvers South Texas Veterans Health Care System (STVHCS) Project # 671-22-133

Background:

South Texas Veterans Health Care System, Audie Murphy Hospital will replace HVAC Dampers and control. This project will Repair and replace HVAC Dampers to improve Air quality.

Scope of Work:

The contractor shall follow the design drawings, plans and specifications provided. Contractor shall provide all labor, materials, supplies, tools and equipment, supervision, and construction services necessary for the installation, repair and replacement of dampers and any associated parts mentioned in the drawings. All construction and installation work shall comply with the VA specifications for material and workmanship, NEC, NFPA and all applicable city, county, state, and federal regulations, and codes OSHA standards. The contractor shall plan for all the outages that will occur during weekend or after hours and combine as many outages as possible to reduce the impact on clinical care. Any work that will impact clinical space shall be coordinated with the COR after hours. All construction and installation work shall comply with the VA specifications for material and workmanship, NEC, NFPA and all applicable city, county, state, and federal regulations, and codes OSHA standards.

Contractor Requirements:

The HVAC Contractor shall be a licensed and bonded. The project site HVAC will hold a current master or journeyman HVAC license and will always supervise un-licensed (apprentice) HVAC Tech. Materials and Methods will be in compliance with the VA TIL HVAC requirements Any recommendations or changes to certain areas will have to be approved by the COR before commencing work.

The Electrical Contractor shall be a licensed and bonded Master Electrician. The project site electrician will hold a current master or journeyman electrician license and will always supervise un-licensed (apprentice) electricians. Materials and Methods will follow the PG 18-3 Design and Construction Procedures and will adhere to the guidelines of the construction documents and specifications. Any recommendations or changes to electrical in certain areas will have to be approved by the COR before commencing work.

Contractor shall be responsible for complying with ALL construction documents and applicable Department of Veterans Affairs Master Specifications as part of this project. Specifications, Designs, Procedures, Standards, etc. can be found at https://www.cfm.va.gov/til/dManual.asp ,and/or https://www.cfm.va.gov/til/index.asp Contractor shall also comply with all applicable city, county, state, and federal regulations / codes to include the IPC, and applicable OSHA standards regarding this project. Construction shall also comply with Pre-Construction Risk Assessment (PCRA) and the Infection Control Risk Assessment (ICRA), if you have any questions or concerns over these document please see the COR.

METHOD AND MATERIAL: Contractor shall comply with ALL construction documents and applicable Department of Veterans Affairs Master Specifications as part of this project. Specifications, Designs, Procedures, Standards, etc. can be found at:

https://www.cfm.va.gov/til/dManual.asp https://www.cfm.va.gov/til/index.asp IPC, NEC and local HVAC codes and compliances

1.0 GENERAL: The contractor is required to attend a Pre-Construction Conference after the contract is awarded and prior to the issuance of the notice to proceed. The Government will notify the contractor when this conference will be held. Due to the demand for parking on site the VA will not provide a laydown, but the contractor may use space within their own worksite to house construction equipment and materials. The contractor will be allowed to store materials in this location at their own risk. They should secure their area at the end of each day as well as throughout the day to avoid unauthorized entry. This can be achieved by a contractor provided with a cipher lock that has key access or a standard lockset to be keyed to the VA construction access key. To start the process of obtaining the construction key, the Contracting Officer Representative (COR) will direct the contractor to the VA locksmith. Any damage to the VA Property as a result of the work being performed will be the responsibility of the Contractor to address it. Daily clean up and maintenance of the job site shall also be the responsibility of the Contractor. Contractor should ensure coverage or closure of their dumpster to avoid it being filled with debris by others. All construction materials and equipment shall be secured at the end of each workday by the Contractor as the Government will not be responsible for any damages to equipment or materials left unsecured by the Contractor. Unauthorized access to any area other than the work area is strictly prohibited. Job site safety shall comply with and to all latest OSHA standards. In the event historical items are found the Contractor shall immediately contact the Contracting Officer and wait for direction on how to proceed.

2.0 DEMO: The purpose of this project is to provide all labor, equipment, and materials to install new hub joints, new hangers, leak test, new pipe connections as necessary to upgrade this antiquated system. In addition, some work will be in the interstitial space and therefore will require an interstitial permit from VA Safety Services. Interstitial space shall be in accordance with VA Policy Memorandum 007-15-04. The VA recommends that the contractor build a platform because of the location of dead ends in the work area. The Contractor shall haul off debris and return recycled material to the COR. and remove their dumpster when full. All environmental regulations should be followed by the contractor during the course of this contract in accordance with Federal Government standards and policies when working on a federal government owned property.

Along with demo, the Contractor shall be responsible for filling, grading, patching, and repairing areas demoed with the same material originally disturbed to return area to a complete reclaimed/established area, acceptable by the VA. The contractor shall provide as-builts drawings of the area.

3.0 EXISTING CONDITIONS: Current dead-end lines are throughout the hospital. To ensure water services are not interrupted Contractor shall furnish the Contracting Officers Representative (COR) with a schedule of approximate dates on which the Contractor intends to accomplish work in each specific area of site, or portion thereof. In addition, Contractor shall notify the COR two weeks in advance of the proposed date of starting work in each specific area. Arrange such phasing to ensure accomplishment of this work in successive phases mutually agreeable to COR.

4.0 SUBMITTALS: The Contractor shall provide required submittals as indicated on Schedule of Material Submittals (SMS). The Contractor shall submit to the Contracting Officer an approved location where refuse is to be dumped and manifest for hazardous materials for review and approval by VA Safety Office prior to removal from campus. In addition to the previous submittals the Contractor must also submit specifications and shop drawings for equipment. As-built drawings (redlines) shall also be listed on the SMS, which refers to locations of HVAC Dampers which go back to the source. The contractor shall provide the requested number of copies for each submittal as listed in the SMS of all required submittals. The contractor shall provide material, schedule, and test results, for Government review. At the completion of work the Contractor shall notify and schedule with the Government pre-final and final inspections. Prior to the pre-final inspection the contractor shall provide a set of redlines for Government review to be used as a mark-up set for the pre-final.

5.0 WORKING HOURS: Work shall be done during regular business hours. The Contractor may request night or weekend work which must be submitted and approved by the Contracting Officer, however there is no guarantee that those requests will be approved. Contractors shall plan for the following work hours:

Monday – Friday 0700 – 1530

If the Contractor desires to work on Saturday, Sunday, holidays, or outside the project site’s normal working hours the contractor must submit a written request for approval to the VA-COR at least five (5) working days prior to the proposed start of such work.

Federal Holidays:

New Year's DayJanuary 1st
Martin Luther King's BirthdayJanuary 19th
President's DayFebruary 16
Memorial DayMay 25th
Independence DayJuly 4th
Labor DaySeptember 1st
Columbus DayOctober 13th Veterans DayNovember 11th Thanksgiving DayNovember 27th Christmas DayDecember 25th

6.0 PERFORMANCE PERIOD: The period of performance is 268 calendar days.

7.0 All work shall comply with all the most current Federal, State, Local, laws and regulations.

8.0 ADDITIONAL VA REQUIREMENTS: The VA COR will advise the contractor of the location and processes to obtain the following as needed:

A. Security: Contractors shall be required to obtain and wear security badges in plain sight above the waist at all times. Contractors found without a badge will be immediately removed from VA property by VA Police. Allow 30 business days to obtain a badge. See badge process below for more information. Security badges are obtained through the COR.

B. Tuberculosis (TB): Contractors team members are responsible for TB testing of all workers scheduled to be on-site at the VA prior to the start of work. On-site workers will provide the VA Infection Control Nurse a copy of the TB test at the time of the infection control training provide by the VA. TB test must be within 90 days prior to assignment. Coordinate with the VA COR. TB training class is free and is a 30 min video. TB training occurs every Tuesday at 10:00 am at Audie Murphy Room E002.

C. Seasonal Influenza Vaccination: VHA Directive 1192.01 establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities, through the vaccination of health care personnel (HCP). HCP are individuals who, during the influenza season, work in VHA locations or who come into contact with VA patients or other HCP as part of their duties. HCP include all VA contractors who are expected to perform any or all of their work at VA facilities. Contracting Officers Representative (COR) shall ensure the flu vaccination requirements outlined in this directive are expected in all HCP contracts. VA Contracting Officers Representative (COR) are responsible for on-site HCP contract and will inform the Contractors about this directive and its requirements. All contract construction workers are required to take the seasonal Flu Vaccine. Documentation shall be provided to the VA Infection Control Nurse upon request.

D. Infection Control and Safety: The Construction team, subcontractor workers and COR’s must attend the Infection Prevention training provided by the VA prior to the start of work every fiscal year. All construction workers shall have a current IC training sticker attached to their badges at all times provided by the VA Infection Control Nurse at the time of training. The worker shall adhere the infection control sticker to the back of the ID badge. ID badges are to be always worn and visible for inspection. If this requirement is not met, workers will be removed from construction site.

E. Information Security: The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services. The contractor is responsible for providing their own w-fi or internet access.

F. Privacy Officer: The contractor will not have access to Patient Health Information (PHI) nor will they have capability of accessing patient information during the services provided to the VA

G. Records Manager:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chp. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. STVHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of STVHCS or destroyed except for in accordance with the provisions of the agency records schedule and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to STVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with need-to-know authorization as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to STVHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and STVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with STVHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public STVHCS information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The STVHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which STVHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. ( Recommend removal ) Personal Identity Verification of Contractor Personnel, FAR 52.204-9.

0. The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

0. The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

1. When no longer needed for contract performance.

1. Upon completion of the Contractor employee’s employment.

1. Upon contract completion or termination.

2. The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

2. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.”

Badging process:

· STEP 1: Applicant fills out the Data form, OF-306 and depending on the level of access needed it may require the Self Certification Form. If the worker is not a USA citizen, then extra documents will be needed and expect at least ten extra working days for adjudication.

· STEP 2: Contractor sends the OF-306, Data and Self Cert. forms or other requested documents to the COR. Forms must be legible and match driver license.

· STEP 3: The COR sponsors the applicants in USAccess system.

· STEP 4: Contractor sets up fingerprint appointment in USAaccess system. Fingerprints are taken on campus at Audie Murphy, Bldg. 5. Allow 30 workings days after the contractor completed the fingerprint appointment for the adjudication process and badge printing and shipping. Contactor must notify the COR when fingerprints are complete otherwise the COR will not be able to process the applicant.

Note: Badges expire after 6 months. The contractor will need to notify the COR prior to expiration so the COR can acquire a new badge with a new 6-month expiration date. Allow 15 working days for badge renewal.

*** 2 forms of ID are needed at the fingerprint appointment located on the VA Audie Murphy Campus, Bldg. 5 PIV office

End of Statement

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS

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 the award.

3. Submission instructions: Offers must be submitted by email to the Contracting Officer, Rhonda Richardson, by email at Rhonda.richardson5@va.gov and Contract Specialist, Stephanie Ingersoll, by email at stephanie.ingersoll@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 PDFs. 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: “36C25726R0042 - STX 671-22-133 – Repair HVAC Dampers” – 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

(One Sanitized Copy)

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 in the 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 (also provide a sanitized copy)

i. Past Performance Project History

1. Offerors are encouraged to submit information relating to up to three projects it has completed or is in the process of completing within the last three (3) years of at least $1 million. If submitting such information, 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 repair/replace Dampers/ Louver’s 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 healthcare campus. 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 4.

(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. 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. 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.

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. Signed 852.219-75, VA Notice of 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.

4. Self-Performed Work Calculation Worksheet

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.

6. Bid bond - The Offeror must furnish a bid guarantee (see FAR 52.228-1). The bid guarantee must be provided on SF 24. The offeror shall ensure 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. In addition, at time of award offeror shall provide performance and payment bonds IAW FAR 28.102-1(a) for the proposed amount of the project.

7. 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

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 https://dsbs.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 an 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.

d. The Highest Past Performance Rated, Lowest Price approach will best achieve the objective of awarding a contract 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 a satisfactory confidence if deemed necessary.

e. 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.

f. 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 15.202(c)(1), “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.”

The Government intends to use the following rating system to guide its analysis:

Past Performance Rating Key

Rating
Definition
Substantial Confidence
Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence
Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.
Limited Confidence
Based on the offeror’s recent/relevant performance record, the Government has little expectation that the offeror will be able to successfully perform the required effort.
No Confidence
Based on the offeror’s recent/relevant performance record, the Government has no expectations that the offeror will be able to successfully perform the required effort.
Unknown Confidence (Neutral)
No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The Government intends to use the following rating system to guide its evaluation of the relevance of past performance information:

Past Performance Relevancy Rating Key

Rating
Definition
Very Relevant
Present/Past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

An example would be a repair and replacement of Damper/Louver Replacements of $1M or greater, with the VA in a healthcare campus (internal/external). *Note, $1M is used as a benchmark based off the project’s magnitude Between $1,000,000 and $5,000,000.

Relevant
Past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

An example would be a repair and replacement of Damper/Louver Replacements of $1M or greater, with other Government agencies on a healthcare campus.

Somewhat Relevant
Past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

An example would be a repair and replacement of Damper/Louver Replacements of $1M or greater on a healthcare campus.

Not Relevant
Past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

An example would be a repair and replacement of Damper/Louver Replacements of $1M or greater on a healthcare campus.

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.

The Government will strictly enforce all the proposal submission requirements outlined in the solicitation.

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