36C26123R0024_Solicitation.docx

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.

1 of 36C26123R0024 X 02-27-2023 612-23-1-6056-0005 612A4-23-010

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21 3230 Peacekeeper Way, Bldg. 209 McClellan

CA

95652-2609 Offers have been authorized and are to to be sent by email to Rosario Chaidez at Rosario.chaidez1@va.gov and Daniel.jhun@va.gov

Rosario E. Chaidez

(916) 923-4548 A. Project No.: 612A-23-010 NAICS Code: 236220, Commercial and Institutional Building Construction, $39.5M IAW FAR 36.204 – Disclosure of the magnitude of construction projects: Between $100,000 and $250,000.

B. This is a firm-fixed price construction requirement. Offerors shall furnish all labor, transportation and materials Commissioning, required engineering services, overhead, and profit to remove the existing De-ionized (DI) water system and installation of a Reverse Osmosis (RO) System, demolition existing and replacement of plumbing water piping RO System for the Sterile Processing Service (SPS) at the SVAMC, Mather, CA IAW the SOW, the specifications, and drawings.

C. Place of performance is at VA Northern California Healthcare System, 10535 Hospital Way, Mather, CA 95655.

D. An offer guarantee is required in the form of a bid bond, which may be submitted electronically by the proposal due date/time to the Contract Specialist, Rosario Chaidez by email at Rosario.chaidez1@va.gov.

Note: Performance and payment bonds will be required by the successful offeror within ten (10) days of notice of award.

E. This solicitation is a total SDVOSB set-aside. The Government intends to award a firm-fixed construction contract.

The basis of an award is comparative evaluation utilizing non-price and price related factors including in this solicitation in accordance with FAR 13.106-2(b)(3).

F. Project completion date: 204 calendar days after notice to proceed

G. A pre-proposal site visit have been scheduled for Wednesday, March 8, 2023, 08:00 AM PST. at the flagpole in the front of Bldg. 650, VA Mather Medical Center, 10535 Hospital Way, Mather, CA 95655.

H. Questions and/or request for information (RFI) must be submitted using the RFI form, attached and are due by 2:00 P.M. PST. on March 16, 2023 to the Contract Specialist, Rosario Chaidez, by email at Rosario.chaidez1@va.gov and Daniel.jhun@va.gov.

I. All Proposals must utilize the Price Breakdown Sheet which is attached. See instructions to Offerors and attached documents which contain the SOW, specifications, associated reports, plans and pictures etc.

X X 52.211-10 X 2:00 pm

PDT

03-29-2023 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

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN) 21 Network Contracting Office (NCO) 21 3230 Peacekeeper Way, Bldg. 209 McClellan

CA

95652-1012 Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 1-877-353-9791 Daniel Jhun, Contracting Officer

Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTION TO OFFERORS

1) INTRODUCTION:

a) VAAR 852.219-75 paragraph (d) requires certification to be completed, signed, and returned with the offeror's proposal. The Government will not evaluate the proposal or award otherwise. This requirement is being solicited utilizing the procedures outlined in FAR 13 & 36 Simplified Acquisition Procedures (SAP) and Construction. The selection will be a comparative evaluation between non-price factors and price. The non-price factors shall be rated utilizing the comparative analysis approach. One firm-fixed price construction contract will be awarded as a result of this solicitation.

b) This requirement is a 100% set-aside for SDVOSB’s.

c) The Wage Determination General Decision Number: CA20230007 02/03/2023 is applicable for this task order, it is attached.

d) An offer guarantee is required in the form of a Bid Bond, which may be submitted electronically by the proposal due date/time to the Contract Specialist, Rosario Chaidez, by email at rosario.chaidez1@va.gov and Daniel.jhun@va.gov. Note: Performance and payment bonds will be required by the successful offeror within ten (10) days of Notice of Award.

e) Offeror must be verified as SDVOSB to be eligible for an award in VIP database at: https://www.vip.vetbiz.va.gov in accordance with VAAR 819.7003 – Eligibility. A proposal will be rejected and will not be considered for an award if offeror’s SDVOSB/VOSB status cannot be verified at the time of submission of proposal and prior to award.

f) The Government intends to award without discussions the proposal offering the Best Value to the Government. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

g) Submit your proposal no later than Wednesday, March 29, 2023, 2:00 P.M. (PDT). to the Contract Specialist, Rosario Chaidez by email at Rosario.chaidez1@va.gov and Daniel.jhun@va.gov .

h) Any questions may be directed to Rosario Chaidez at Rosario.chaidez1@va.gov and Daniel.jhun@va.gov.

i) Attachment List:

(8) Pre-Proposal Site Visit – RFP 36C26123R0024 3_3_23

(9) Eval Criteria 1 Key Personnel Worksheet

(10) Eval Criteria 2 Experience Worksheet

(11) Water Analysis Report 20230221

2) SUBMISSION INSTRUCTIONS/REQUIREMENTS:

a) All proposals shall be submitted in three (3) parts; Technical Proposal, Price Proposal, and Bid Guarantee. The three (3) parts shall include the following:

i) Technical Proposal shall include key Personnel Experience, and firm’s prior experience summary with a breakdown of major activities timeline, completed Attachment Encl (9) – Evaluation Criteria 1-Key Personnel Worksheet; Attachment Encl (10) Evaluation Criteria 2- Experience worksheet.

ii) Price Proposal shall include completed SF1442, any amendments, and price breakdown (Encl (5) Price Breakdown worksheet.)

iii) Bid Guarantee part shall include an electronic copy of the bid guarantee scanned in a manner that the raised seal is clearly visible. Hard copies of the Bid Guarantees with wet signatures will be requested as necessary.

b) Offerors shall send one (1) electronic copy via (email shall be less than 10MB) of the technical proposal, price proposal, and the bid guarantee to arrive on or before the due date/time. The subject line of the email shall read: “No. 36C26123R0024 – Project No. 612A4-23-010, Replace and Install Reverse Osmosis System at Mather”. Send the email to Rosario.chaidez1@va.gov and Daniel.jhun@va.gov

c) Faxed proposals are not permitted under any circumstances.

d) Offerors MUST include in the body of the email containing the proposals as follows:

i) Company Name

ii) Replace and Install Reverse Osmosis System at Mather

iii) RFP 36C26123R0024

e) Offerors may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals

f) The offeror shall be held responsible for the validity of all information supplied in his/her proposal, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected and receive no further consideration.

g) All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate.

3) INSTRUCTIONS FOR SUBMITTING REQUESTS FOR INFORMATION (RFI):

a) All Requests for Information (RFIs) regarding this RFP must be submitted in writing and received NLT 2:00 P.M. PST on March 16, 2023 in order to allow replies to reach all prospective offerors in a timely manner. Questions/RFIs must be sent via email to Rosario Chaidez at Rosario.chaidez1@va.gov and Daniel.jhun@va.gov .

BASIS FOR AWARD

1) INTRODUCTION

a) The contract resulting from this solicitation will be awarded to that responsible offeror whose offer, conforming to the solicitation, is determined to be the most advantageous to the Government considering price and non-price evaluation criteria. Award may be made to other than the lowest priced offeror or other than the highest non-price rated offeror. Business judgments and comparative analysis will be used to determine the proposal offering the best value to the Government. In determining the best value to the Government, the Government need not quantify the comparative analysis that led to the best value decision.

2) EVALUATION CRITERIA

a) In accordance with Federal Acquisition Regulation (FAR) 13 and 36, Comparative evaluation of the non-price criteria will be used to determine the proposal offering the best value to the Government. a

b) Prior to an evaluation of any offer received, a recertification/verification of the Vendor Information Page (VIP) and System for Award Management (SAM) will be completed to ensure every offeror is a certified Service-Disabled Veteran Owned Small Business (SDVOSB) and a small business under the NAICS code 236220 Commercial and Institutional Building Construction.

c) Definitions:

i) Relevant projects are those that are of similar size, complexity, and scope. A project does not have to have all three to be evaluated.

ii) Size is defined as any project over $500,000.00

iii) Complexity is defined as a project that includes several specialty trades and coordinating phases and work in several different locations on campus.

iv) Scope is defined as work or activities related, or closely related to that which is outlined in the Statement of Work such as but not limited to; remove and install dental compressors and pumps, including all new accessories associated with the air compressors that are equal to or greater existing capacities of each unit and the complete system. The complete system shall be completely operable and fully commissioned at the end of each installation.

v) Recency is defined as a project completed in the previous five (5) calendar years unless otherwise stated.

d) Evaluation Criteria 1 – Key Personnel Experience/Qualifications:

i) Solicitation Submittal Requirements: The Offeror shall complete the attached ‘Criteria 1-Key Personnel’ worksheet (Encl 9) for each the proposed Project Manager and Superintendent. Enclosure 9 is structured to allow for the entry of up to three (3) total projects for each position as requested. The use of Enclosure 9 and all information therein is MANDATORY and SHALL be used to evaluate the key personnel. The Government will evaluate only the information provided in Enclosure 9 and all other information provided on other than Enclosures 9 will not be considered. The Offeror may expand individual cells on the Enclosure 9. The ‘Job Experience and key personnel part shall clearly indicate the number of years of experience for the key personnel in each of their respective positions. In order to properly evaluate the proposals, the proposal shall clearly indicate the number of years of experience, and shall NOT show combined experience, such as, Project Manager/Safety Officer for three years. The proposed key personnel shall be employees of the Offeror’s firm. If the proposed key personnel are not a current employee of the Offeror’s firm at the time of proposal submission, the Offeror shall obtain a letter of intent to be employed by the Offeror, signed by the key personnel and the Offeror, and shall submit it with the proposal. The signature shall be a ‘wet’ signature.

ii) Basis of Evaluation: The Offeror's key personnel shall be evaluated based upon experience in relevant projects with Installation and Replacement of Reverse Osmosis Water Systems for healthcare and hospitals, demonstrated by a maximum of three (3) projects for each person completed within the last ten (10) years. Each person shall have a minimum of two years of construction experience in their respective positions. Note: the awarded contractor shall utilize the personnel submitted with their proposal.

e) Evaluation Criteria 2 – Prior Experience:

i) Solicitation Submittal Requirements:

Provide information on a maximum of four (4) example projects demonstrating the experience and capability of the Prime Construction Contractor with similar projects to Reverse Osmosis Water Systems for healthcare and hospitals. Examples should demonstrate offerors experience as the Prime Contractor on recent, relevant projects that are similar in size, scope, and complexity. (see ‘definitions’ above). The Offeror shall complete the attached ‘Evaluation Criteria 2 -Experience’ spreadsheet (Encl (10)) for the factor. Encl (10) is structured to allow for the entry of up to four (4) total projects as requested below. The use of Encl (10) and all information therein is MANDATORY and SHALL be used to evaluate offeror’s experience. The Government will evaluate only the information provided in Encl (10) and all other information provided on other than Encl (10) will not be considered. The Offeror may expand individual cells on the Encl (10). Encl (10) submittals that do not comply with these requirements WILL NOT be evaluated.

ii) Basis of Evaluation: The basis of evaluation will include the offeror’s demonstrated experience and depth of experience in performing recent, relevant construction projects. The assessment of the offeror’s relevant experience will be used as a means of evaluating the capability of the offeror to successfully meet the requirements of the solicitation. Offeror’s projects will be rated as a whole.

f) Evaluation Criteria 3 – Price:

i) Solicitation Submittal Requirements: All proposals shall include complete 1442, any amendments and a completed price breakdown sheet (Encl (5) pricing breakdown.)

ii) Basis of Evaluation: Price will be evaluated to determine fair and reasonableness.

SITE VISIT INFORMATION

1) A site visit has been scheduled for Wednesday, March 8, 2023, 8:00 A.M. PST. at the flagpole in front of BLDG 650, Sacramento VA Medical Center, 10535 Hospital Way, Mather, CA 95655. The primary POC is Rosario Chaidez at rosario.chaidez1@va.gov. The VA Engineer POC will be Daniel Chaparro, see attachment regarding Pre-Proposal Site Visit with contact information.

2) An individual second visit to the site is not allowed. Please submit all questions in writing via email and must be submitted using the RFI form, attached and are due by the specified date and time in this solicitation. Depending on the number of participants, the contractors may be separated into two (2) groups to go into the mechanical rooms to keep adequate spacing. This site visit is not mandatory; however, it is highly encouraged to attend this site visit. Please provide list of names who will be attending the site visit at least one (1) day prior to site visit.

Note: COVID-19 screenings may take place upon entry, and face masks are required at all times while on campus. All interested parties shall wear mask at all time and practice social distancing while conducting a pre-proposal conference and site visit, see attachment regarding Pre-Proposal Site Visit.

2.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 204 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

2.2 52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iii) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (NOV 2021).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEC 2022).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222–55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222–6 or 52.222–41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693) (applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii)(A) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition—

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225–1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components. [Contracting officer to insert the percentage per instructions at 13.302–5(d)(4).])

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of Clause)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Mather, California Sacramento County, California State of California (End of Provision)

2.5 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)

2.6 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.7 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding.