Solicitation 36C25722B0024_1.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.

36C25722B0024 X

TBD

671-18-106 Department of Veterans Affairs Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Bldg. #171 Temple TX 76504 Department of Veterans Affairs Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Bldg. #171 Temple TX 76504 Michael Walls

Replace Water Softeners

The Department of Veterans Affairs (VA) intends to replace its Water Softener System at the South Texas Veterans Health Care Facility, Audie L. Murphy Site, located at 7400 Merton Minter Boulevard, San Antonio, Texas 78229-4404.

This project is designed to replace four(4) existing water softeners, one(1) brine day tank, one(1) outside brine storage tank, and make structural repairs to the water softener room as described in detail in the Statement of Work, specifications and drawings.

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

The magnitude of construction cost for this project is between $3,000,000.00 and $5,000,000.00.

The applicable North American Industry Classification System (NAICS) code for this project is 236220.

A Pre-Bid Site Visit shall be held on October 19, 2022 at 10:00 am CST, Audie Murphy VA Hospital, Bldg 1, Room E002.

SUBMISSION OF BIDS/OFFERS SHALL BE DUE - Monday, November 7, 2022 at 1:00 p.m. CST to the following email address:

michael.walls2@va.gov.

CUT OFF FOR SUBMISSION OF RFI(s)/QUESTIONS SHALL BE October

26, 2022 at 2:00 pm. C.S.T. ALL RFI(s)/QUESTIONS MUST BE submitted via email to michael.walls2@va.gov.

All offeror(s) must submit a Bid Guarantee as part of their bid package. Additionally, the Awardee MUST be able to obtain the necessary level of Performance and Payment Bonds.

The additive bids items will be evaluated in accordance to VAAR 852.236-92 Notice to Bidders-Additive or Deductive Bid Line items.

In accordance with 52.222-8, payrolls are required to be submitted to the Contracting Officer weekly. Failure to submit will constitute invoice rejection.

X X 52.211-10 X zero (0)

1:00 PM

11-07-2022 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Bldg. 171 Temple TX 76504 This is accomplished through the Tungsten Network located at:

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

(877) 353-9791

(512) 460-5540

Table of Contents

SECTION B – SCHEDULE OF PRICES/DESCRIPTION…………………………………12

WAGE DETERMINATION…………………………………………………………………….59

STATEMENT OF WORK FOR REPLACE WATER SOFTENERS

Project 671-18-106

1. PROJECT OVERVIEW

1.1 PURPOSE:

A. The Department of Veterans Affairs (VA) intends to replace its Water Softener System at the South Texas Veterans Health Care Facility, Audie L. Murphy Site, located at 7400 Merton Minter Boulevard, San Antonio, Texas 78229-4404.

B. This project is designed to replace four(4) existing water softeners, one(1) brine day tank, one(1) outside brine storage tank, and make structural repairs to the water softener room at Audie L. Murphy.

The contractor shall be responsible for all phases of the project and each phase shall be subject to VA approval at designated project milestones. This project includes (but not limited to) all labor, materials, supplies, equipment, services, training (if required), all power requirements, communications, security, operation and maintenance manuals, as built drawings, permits, construction, installation and commissioning.

1.2 PROJECT ACTIVITIES:

A. The entire activity of the project will follow the following sequence of events:

i. Pre-proposal Site Visit

ii. Request for Proposal Submission

iii. Award

iv. Post Award Kick-off Meeting

v. Notice to Proceed

vi. Bonding & Insurance

vii. Progress Reports (every weeks)

viii. Demolition, Construction, Installation and Commissioning

ix. Final Inspection

x. Acceptance

xi. Operations and Maintenance Manuals

xii. Operations and Maintenance Training

xiii. AutoCAD Drawings (Design, Construction, As Built)

xiv. Payment

Page 1 of Page 1 of

xv. Warranty

2. SCOPE OF WORK

2.1 GENERAL: The Contractor shall provide all necessary services to meet the program objectives and requirements and to provide the required outcome in terms of overall quality, timeliness and documentation, per Construction Documents & Specifications titled 671-18- 106: Replace Water Softeners, dated 23rd of October, 2020. The Contractor shall be responsible for obtaining and coordinating the services of any, and all, third-party Contractors performing other services on site and other entities as part of the contract to ensure the expected quality, timely, and documented final product.

A. Location: South Texas Veterans Health Care Facility, Audie L. Murphy Site, located at 7400 Merton Minter Blvd., San Antonio, Texas 78229-4404.

B. Normal work hours for VA sites are 7:00AM to 4:30PM Monday through Friday except for Federal Holidays. 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 seven (7) working days prior to the proposed start of such work.

2.2 DESCRIPTION OF WORK

A. System

i. The scope of this project is to replace the existing Water Softener System and outside Brine Storage Tank and to correct structural integrity issues in the Water Softener Room in accordance with Drawings and Specifications titled Project 671-18-106 dated October 23, 2020.

ii. Work associated with modifications to the water softener system and brine tank shall be fully coordinated with the VA-COR, Infection Control Representative, VA Safety Office, and other VA personnel as required. The Contractor shall fully coordinate the construction schedule for these areas and systems prior to the start of work to ensure all work is carried out in a manner which is acceptable to all parties involved. The Contractor shall provide a minimum of three weeks notification to the VA-COR, Infection Control Representative, and other VA personnel as required so that alternate arrangements can be made concerning work that will affect patient and staff.

iii. There is one add alternate. This add alternate will require the contractor to replace the slab underneath the med vac system located in the water softener room. This work will require the Contractor to procure a temporary med vac system while the slab is being replaced.

B. Existing Site Conditions

i. The Water Softeners will be constructed in the water softener room and the brine tank will be constructed above the existing brine tank of Audie Murphy VA Medical Center, San Antonio, TX.

ii. Contractor shall be responsible for verification of existing conditions ensuring to ascertain the site conditions that may affect required equipment clearances, electrical, plumbing, medical gas and mechanical requirements.

iii. Contractor shall be responsible for complying with all the construction documents and applicable Department of Veterans Affairs Master Specifications. Contractor must also comply with all applicable city, county, state, and federal regulations / codes and OSHA standards that may impact this project. Construction shall also comply with Infection Control Risk Assessment (ICRA) Standards Class and other construction safety requirements as noted in the construction documents.

iv. VA shall be responsible for removal of all ACM, if any shall exist. Please see PSI asbestos survey/inspection. Any ACM left out of this report is the contractor’s responsibility to abate and remove.

v. Staging areas are the contractor’s reasonability. All off site staging area is the contractor responsible. All costs of any and all offsite leased space is the contractor responsibility.

vi. There will be NO contractor parking allowed on the VA campus. All contractors parking will be offsite and will be the contractor’s responsibility. All costs of any and all offsite leased parking is the contractor responsibility.

2.3 DELIVERABLES

A. Period of Performance: 300 Calendar days after Notice to Proceed B. Performance and Payment bonds: Due 10 Calendar days after award C. Proof of Insurance: Due 10 Calendar days after award D. Contractor Quality Control Plan (CQCP): The contractor shall develop a quality control plan and shall furnish to VA for review no later than 30 calendar days after the receipt of notice to proceed. The plan shall identify personnel, procedures, control, instructions, tests, records, and forms to be used. Installation will be allowed to begin only after acceptance of the CQCP or acceptance of an interim plan applicable to the particular feature of the work to be started. Work outside of the features of the work included in an accepted interim plan will not be permitted to begin until acceptance of a CQCP or another interim plan containing the additional features of the work to be started. After acceptance of the CQCP, the Contractor shall notify the Contracting Officer Representative (COR) in writing of any proposed change. Proposed changes are subject to acceptance by the Contracting Officer. Please see Appendix H for additional details.

E. Safety Plan: Comprehensive safety plan shall be implemented by the Contractor to eliminate injuries occurring relative to providing the design and installation services for this project. The plan shall also describe how final system installation will meet all applicable requirements of NFPA30 and NFPA30A. Installation will be allowed to begin only after VA’s acceptance of the Safety Plan. Contractor is responsible for providing enough project lead time to allow for VA review of Safety Plan before acceptance. The Department of Labor OSHA requires that all Contractors involved in installation on VA owned or leased property comply with the Incorporation of General Industry Safety and Health Standards applicable to Installation Work and Technical Amendments, Final Rule 29 CFR Parts 1910 and 1926 as published in the Federal Register Volume 58, No. 124, June 30, 1993. In addition, any Contractor that performs construction type work on any VA project as defined by the Scope of the referenced regulation is required to; (1) Provide and maintain his own protective equipment and devices, etc.; and (2) Require all sub-contractors used on site to follow these same provisions in the regulation.

F. Environmental Plan: Comprehensive environmental plan shall be implemented by the Contractor to prevent environmental pollution during, and as result of, construction operations under this contract. Installation will be allowed to begin only after VA’s acceptance of the Environmental Plan. Contractor is responsible for providing enough project lead time to allow for VA review of the Environmental Plan before acceptance. The plan shall include the identification and resolution of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life or affect other species of importance to human.

G. Progress Reports: Shall be submitted electronically every week to the Contracting Officers Technical Representative (COR) and address, at a minimum, the status of deliverables, project schedule, price and technical performance as they relate to the planned and actual work performed during the past two weeks, work planned for the following two weeks and address any open critical issues.

H. Progress Meetings: Will be held approximately every two weeks, will be approximately 1 hour in length, scheduled by the Contractor and shall be attended by COR.

I. Permits: Contractor shall submit all permits associated with this project to the COR. The contractor shall be responsible for coordination with these offices. Installation will be allowed to begin only after VA’s acceptance of all permits.

J. Operations and Maintenance Manuals (O&M): The Contractor shall provide three (3) complete sets of O&M manuals including a recommended spare parts list identifying components adequate for competitive supply procurement for operation and maintenance of the system. The O&M Manuals shall include maintenance and inspection for all equipment. A three-ring binder containing all of the O&M and electronic files on CD-ROM shall be provided within the binder.

K. Operations and Maintenance Training: The Contractor shall provide on-site O&M training for the location which will consist of two (2) formal on-site training sessions during a 30 day period to including but not limited to system operation, corrective and preventive maintenance and inspections. The contractor shall provide training manuals that include the hands-on exercises, O&M data and troubleshooting guides necessary for personnel to assume full O&M responsibility for the system after completion of the training. The contractor shall provide a written training syllabus for the topics and detailed training content for review and approval by the COR at least 60 days prior to the scheduled training. The COR will schedule the training classes in advance at the convenience of the site. The COR may require the classes to be provided on nonconsecutive days at the convenience of the site. The Contractor shall allow VA to video tape this training for official use, including in house instruction of personnel at a later date.

L. Warranty: Contractor shall provide a minimum three (3) year warranty from both the manufacturer and installer including parts and labor to include normal, premium or holidays hours. The Warranty period shall start on the date of Substantial Completion.

2.4 ACCEPTANCE

A. For the purposes of Warranty and payment for the work performed at a location, government “Acceptance” will be provided by the VA upon the completion of all of the following:

i. The Contractor has demonstrated/ verified that the implemented ECMs function as intended at commissioning. All punch list items identified during the commissioning have been resolved.

ii. The Contractor has provided O&M manuals.

iii. The Contractor has provided Record drawings to include a CD with all as builds CAD files, one full set, one half set and one Mylar full set.

2.5 CONFIDENTIALITY AND NONDISCLOSURE

A. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which has been generated by the contractor in the performance of this Order are the exclusive property of the U.S. Government and shall be submitted to the VACOR at the conclusion of the contract.

B. The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract presented to the contractor shall be submitted to the CO for response.

C. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

D. To the extent that the work under this contract requires that the contractor be given access to proprietary business, technical or financial information belonging to the Government or other companies, the contractor shall treat such information as proprietary business sensitive and agrees not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the CO in writing. A mutually agreed to agreement for exchange of sensitive information or nondisclosure agreement may be required.

2.6 VA PRIVACY POLICY REQUIREMENTS

A. Information Systems Officer, Information Protection: 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 in the application of complex adaptive system theory to health care organizations. The certification and accreditation requirements do not apply to this procurement nor is a security accreditation package required.

B. Privacy Officer: The contractor will not have access to Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA. All research data available for Contractor analyses is de- identified.

C. Records Manager: There will be no federal records created, maintained, used or disposition with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.]

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

SECTION B – SCHEDULE OF PRICES/DESCRIPTION

** NOTE: Award shall be made on the Base Bid unless the base bid is less than the allocated or available funding for the project. If the Base Bid is less than allocated or available funding, award shall be made, in order, on the basis of a Add Alternates beginning with Add Alternate #1 and proceeding through Add Alternate #4 in order to accommodate allocated funding. If ALL base bids exceed the allocated or available funding, then no award will be made. Offerors must bid all items in order to be considered.

BASE BID:

01 GENERAL CONSTRUCTION: 1 JB $__________ $____________

A. ITEM I, Work includes general construction, alterations, and necessary removal of existing equipment, structures, and construction and certain other items.

ITEM II, Electrical Work: Work includes all labor, material, equipment and supervision to perform the required electrical construction work on this project including power for the new water softeners, brine day tank, brine tank, brine transfer pumps, relocated exhaust fans and heater, and associated equipment.

ITEM III, Mechanical Work: Work includes all labor, material, equipment and supervision to perform the required Mechanical construction work on this project including demolition and replacement of water softeners, brine tank, associated piping, and appurtenances; and replacement of existing exhaust fan, louvers and unit heater.

02 COST OF BID BOND, PERFORMANCE 1 EA $___________ $____________

AND PAYMENT BONDS

TOTAL OF BASE BID (Line Items 1 and 2) $_______________

ALTERNATE NO.1: Provide repairs to the western retaining wall, as noted on the plans.

03 REPAIRS TO RETAINING WALL: 1 JB $__________ $____________

04 COST OF BID BOND, PERFORMANCE 1 EA $__________ $____________

AND PAYMENT BONDS

Base Bid + Bid Alternate #1 TOTAL (Line items 0001, 0002, 0003 & 0004) $ _______________

ALTERNATE NO. 2: Provide replacement of slab underneath the medical vacuum equipment and adjacent northern wall of the medical vacuum equipment as shown on the plans. Provide temporary medical vacuum system during repairs to keep medical vacuum system online.

05 REPLACEMENT SLAB: 1 JB $__________ $____________

Base Bid + Bid Alternates #1 and 2 TOTAL (Line items 0001, 0002, 0003, 0004, 0005 & 0006) $ _________________

ALTERNATE NO. 3: Provide replacement of the grade beam underneath the northern wall of the Water Softener room.

07 REPLACEMENT OF NORTHERN WALL GRADE BEAM: 1 JB $__________ $____________

Base Bid + Bid Alternates #1, 2 and 3 TOTAL (Line items 0001, 0002, 0003, 0004, 0005, 0006, 0007 & 0008) $ ____________________

ALTERNATE NO. 4: Provide replacement of the grade beam underneath the southern wall of the Water Softener room.

09 REPLACEMENT OF SOUTHERN WALL GRADE BEAM 1 JB $__________ $____________

10 COST OF BID BOND, PERFORMANCE 1 EA $__________ $____________

AND PAYMENT BONDS

Base Bid + Bid Alternates #1, 2, 3 and 4 TOTAL (Line items 0001,0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009 and 0010) $ __________________

PROJECT DURATION 300 CALENDAR DAYS, AFTER RECEIPT OF NOTICE TO PROCEED LETTER

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Project 671-18-106 Replace Water Softeners COVID-19 Bid Submission Instructions

In order to comply with Federal mandate to limit Face-to-Face interaction and/or Social Distancing hard copy bid package(s) shall not be submitted via FedEx, UPS, or Hand Deliver to the Contracting Office. All complete bid packages shall be submitted via email to michael.walls2@va.gov by the specified Bid Closing date and time.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

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

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

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

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

(End of Provision)

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

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

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

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 Audie L. Murphy VA Medical Center 7400 Merton Minter Blvd.

San Antonio, TX 78229 (End of Provision)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

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

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

(End of Provision)

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

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

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

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

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

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

(End of Provision)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Michael Walls

Hand-Carried Address:

Department of Veterans Affairs Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Bldg. 171 Temple TX 76504 Mailing Address:

Department of Veterans Affairs Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Bldg. 171 Temple TX 76504

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

(End of Provision)

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

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

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Adam Gonzalez Address: Audie L. Murphy VAMC 7400 Merton Minter Blvd.

San Antonio TX 78229

Telephone: (210) 617-5300x14055 (End of Provision)

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

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

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

(End of Provision)

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

(End of Clause)

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

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

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

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

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

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

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

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

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

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

(6) State the form of relief requested; and

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

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

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

(End of Provision)

2.13 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)

(a) Additive or deductive line items in the bid schedule shall be evaluated to determine the low offeror and the items to be awarded. The evaluation shall be made as follows—

(1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.

(2) The low bid shall be the Bidder that—

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base line item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive line items that provide the most features within the funds determined available.

(3) All bids shall be evaluated on the basis of the same additive or deductive line items.

(i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities; and

(ii) Add that next item if an award may be made that includes that line item and is within the available funds.

(b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if—

(1) It is in the best interest of the Government;

(2) Funds are available at the time of award; and

(3) The low offeror’s price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

(c) Example: ‘‘The amount available is $100,000. Offeror A’s base bid and four additives (in the order stated in the list of priorities in the bid schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B’s base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A’s bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.’’ (End of Clause)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022) (JUL 2020) (DEVIATION) (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…