36C24125R0031.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.

36C24125R0031 X 12-20-2024 631-25-001 36C241 Department of Veterans Affairs Network Contracting Office 1 VA Central Western Massachusetts HCS 421 North Main Street Leeds MA 01053-9764 Department of Veterans Affairs Network Contracting Office 1 VA Central Western Massachusetts HCS 421 North Main Street Leeds MA 01053-9764 Chelsea Rodrigue 413-584-4040x6712 This solicitation is a Request for Proposal (RFP) for project 631-25-001 Building 1 Lightning Protection located at the VA Central Western Massachusetts HCS, 421 North Main Street, Leeds, MA 01053. Contractor to furnish all labor, materials equipment, transportation, disposal, and supervision necessary to complete construction as described herein and defined by this Request for Proposal (RFP), in accordance with the terms and conditions, drawings and specifications attached.

Applicable wage rates as incorporated herein.

In accordance with VAAR 836.204, the magnitude of construction is between $100,000 and $200,000 The NAICS code is 238210 with a Small Business Size Standard of $19.0 Million.

This solicitation will be evaluated as a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set aside.

A site visit will be held on 01/02/2025 at 1:00PM EST. Participants shall meet COR Nate Zajac at Building #1 Please do not park in the spots designated for patient parking.

Requests for Information of a technical nature must be provided NLT 2:00PM EST on 01/09/2025 in writing and shall be submitted by the prospective offerors only by email to chelsea.rodrigue@va.gov. Oral questions are not acceptable.

The subject line shall read: 631-25-001 Building 1 Lightning Protection Technical Questions.

All interested parties are responsible for monitoring and downloading any amendments from Contract Opportunities, https://sam.gov/content/opportunities.

X X 52.211-10 X

2:00PM

EST

01-29-2025 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS

SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29.

AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

See Price/Cost Schedule 36C241 Department of Veterans Affairs Network Contracting Office 1 VA Central Western Massachusetts HCS 421 North Main Street Leeds MA 01053-9764 All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Request http://fsc/va/gov/einvoice.asp Chelsea Rodrigue

VA-VHA-RPOE-2024-0035

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

631-25-001 Building 1 Lightning Protection

Work shall commence upon receipt of a Notice to Proceed (NTP) from the government and shall be completed within 120 calendar days (i.e. Period of Performance) after receipt of NTP.

PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: 5920 - Fuses, Arrestors, Absorbers, and Protectors

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

This is a Request for Proposal (RFP) for the 631-25-001 Building 1 Lightning Protection project at the VA Medical Center, Central Western Massachusetts (CWM) in Leeds, MA. Please see the “Instructions to Offerors” for more information on submission requirements.

1.1 INSTRUCTIONS TO OFFERORS

The Government will award a contract resulting from this solicitation using the evaluation method “Lowest Price Technically Acceptable (LPTA).” This method is appropriate when best value is expected to result from selection of the technically acceptable offer with the lowest evaluated reasonable price. Offers will be evaluated for acceptability but not ranked using the non-price factors. Evaluation factors and significant sub factors that establish the requirements of acceptability are set forth below. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors (FAR 15.101-2(c)). The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a price, management approach and past performance. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government reserves the right to waive informalities and minor irregularities in offers received. If a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process. The following factors shall be used to evaluate offerors on a lowest reasonable price, technically acceptable in accordance with FAR 15.101-2:

This solicitation is for a firm fixed price construction contract. Award shall be made to the technically acceptable offer that provides the lowest reasonable price as referenced in the Statement of Items. The Government intends to award a contract to one offeror deemed responsible in accordance with Federal Acquisition Regulation (FAR 9.1).

This procurement is a Service-Disabled Veteran-Owned Small Business (SDVOSB) set aside under U.S.C 8127 and 8128.

All SDVOSBs must be listed as “certified” by the U.S. Small Business Administration Veteran Small Business Certification (VetCert) https://veterans.certify.sba.gov/. SDVOSB offerors must be certified by SBA and visible in the VetCert at TIME OF SUBMISSION AND TIME OF AWARD. Failure to be BOTH visible and certified at the time of submission will result in the offeror’s proposal being deemed non-responsive and ineligible for award for the SDVOSB. If this is to occur the Government will evaluate the next lowest priced technical proposal, and so forth and so on, until the Government reaches the lowest priced technical proposal that is determined to be rated as acceptable with fair and reasonable pricing.

Offerors are required to submit technical proposals addressing the Evaluation Factors below. The procurement is being conducted utilizing the Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15.101-2. Proposal will be evaluated for acceptability, but not ranked, using the non-price evaluation factors. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors. There shall be no trade-offs. Offers evaluated as not Technically Acceptable will not be eligible for award, regardless of price.

The proposal must set forth full, accurate and complete information as required by the solicitation. The Government will rely on such information for the award of the contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g. key personnel, subcontractors, safety plan, etc.) will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval.

The offeror shall be held responsible for the validity of all information supplied in the proposal, including the information provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected.

1. Price:

The purpose of the Price evaluation is to provide an assessment of the reasonableness of the proposed price in relation to the solicitation requirements. Reasonableness of an offeror's proposal is evaluated through price analysis techniques as described in FAR Subpart 15.404. For Price to be reasonable, it must represent a Price that provides best value to the Government when consideration is given to prices in the market, (market conditions may be evidenced by other competitive proposals), technical and functional capabilities of the offeror.

After Completion of Technical and Past Performance have been determined, the intention of the Government is to award the base lump sum item contingent upon funding limitations.

1. Management Approach - Technical Qualifications:

The Government will rate an offeror's technical proposal, at the factor level, using an acceptable or unacceptable rating that combines technical merit and proposal risk that most accurately defines the offeror's performance risk considering all sub-factors identified in this section. Sub-factors A-D will be evaluated as “Acceptable or Unacceptable”. The Government intends to make a single award to the lowest priced technically acceptable offer. To receive an overall acceptable rating and be eligible for award, the offeror must be technically acceptable in each of the Four (4) sub-factors identified below.

1. Ability to adhere to construction schedule for completion within 120 calendar days from Notice to Proceed (NTP) as specified in the solicitation for the period of performance (POP).

Using the information submitted in response to the solicitation, the Government will evaluate the offerors’ scheduling methodology to determine if they have scheduling processes that ensure completion and control of the project from beginning to end. To be evaluated as acceptable the offeror must provide a sample schedule that demonstrates an understanding of the limitations of the schedule as well as an understanding that an appropriate schedule will result in successful completion of the project for this evaluation factor. If the offeror plans to use a fast-track approach to permit early mobilization and construction, this approach shall be described. Proposals describe capability to meet CPM form requirements and demonstrate, with a sample schedule, the ability to appropriately utilize this method of scheduling. Based on the information provided in response to the RFP, evaluate the schedule and make an acceptability determination as to the offeror’s ability to meet the contract completion time.

1. Technical Approach Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to successfully perform the requirements of the project. To be evaluated as acceptable the offeror must provide a narrative that addresses the functions, responsibilities, authorities, and duties of proposed technical staff to determine if the offeror has the ability to manage and perform the project without significant difficulty for this evaluation and sub-factors. Specific details should also be addressed in the proposal to demonstrate sequence of work to be performed in a realistic fashion; i.e. coordination with subcontractors, etc. The narrative should also identify key personnel proposed for the project and their documented experience on successful completion of contracts. Resumes shall be submitted for all key personnel to coincide with the narrative. Please note, key personnel proposed are expected to perform on this job and any substitutions shall require the permission of the Contracting Officer. Cost control successes should be documented for other completed contracts. Proposal addresses ability to work cooperatively with other contractors working in adjacent spaces and also addresses the ability to work in occupied spaces, including flexibility with scheduling in order for the VA to continue to provide services required for our patients.

1. Expertise in installing lightning protection on slate roofs, roof components, and existing roof warranty.

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to perform work required under this project with relation to expertise in installing lightning protection on slate roofs, vents, flashing, ridge caps, vent pipes, and other roofing components. To be evaluated as acceptable the offeror must provide a narrative that addresses prior projects that are directly related in scope, complexity, magnitude, and cost to this requirement completed within the past five (5) years. The proposal narrative shall adequately describe the projects that are relevant to this requirement that were preformed directly by the General Contractor. The narrative shall also address any equipment to be utilized (owned or rented); any other documentation relative to this project to demonstrate expertise in installing lightning protection on slate roofs, and roofs under a warranty.

1. Effective Construction Safety Plan and demonstrated satisfactory record of safety performance on past projects.

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to comply with an effective construction safety plan submitted in response to the requirements of the solicitation. The offeror shall develop a proposed plan in response to this evaluation sub-factor. Additionally, the proposal shall include documentation regarding the successful training of personnel in accordance with OSHA requirements (i.e., 30-hour or 10-hour completed OSHA training.) The narrative demonstrates familiarity with and/or plans to adhere to OSHA requirements and other safety requirements incorporated in the solicitation. To be evaluated as acceptable the offeror must submit a proposed plan in response to this evaluation factor addressing the requirements of the safety and training requirements.

1. Demonstrate the ability to self-perform 25% of the work.

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to comply with the requirements of the solicitation. The offeror shall develop a proposed plan in response to this evaluation sub-factor E. Additionally, the proposal shall include documentation regarding the successful training of personnel in accordance with UL requirements (i.e., lightning Protection Installer or Master Label Certificate Program.) The narrative demonstrates familiarity with and/or plans to adhere to UL requirements for obtaining a UL Master Label requirements incorporated in the solicitation. To be evaluated as acceptable the offeror must submit a proposed plan in response to this evaluation factor addressing the requirements of self-performing 25% of the work.

1. Past Performance Previous experience will be evaluated as “Acceptable or Unacceptable”. To be acceptable, offerors must provide information demonstrating they have successfully performed as prime contractor within the last five (5) years* on at least Two (2) construction projects of equal or greater size and complexity within the same or similar scope of work as work is identified in the project as described by the drawings and specifications of this solicitation in the price range of $100,000 to $200,000.00.

Offeror shall submit the following for past performance:

· Past Performance Information Form for each project provided. The past performance information forms provided with the proposal will be used for this evaluation factor.

· CPARS for each project provided under past performance.

· If a CPARS is not available for that project, the offeror shall submit a past performance questionnaire (PPQ) to your previous clients to complete (the PPQ that is attached to the solicitation).

· In the event a PPQ is not received by the Government from a previous client, the Contractor shall submit the first page of the PPQ with the contract/client information so the Government can contact the client.

Additionally, past performance information shall be obtained by the Contract Specialist from any other sources available to the Government to include, but not limited to, PPIRS or other databases; interviews with Program Managers, Contracting Officers, and/or Contracting Officer Representatives.

*The five (5) years shall be calculated from the solicitation issue date.

**Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” Aspects of Past Performance Evaluation: The past performance evaluation results are an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertains to the requirements outlined in the solicitation. There are two aspects to the past performance evaluation. The first is to evaluate the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. The criteria to establish what is recent and relevant are listed above. Consideration should be given to those aspects of an offeror’s contract history that would give the greatest ability to measure whether the offeror will satisfy the current procurement. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming.

Recency, as it pertains to past performance information, is a measure of the time that has elapsed since the past performance reference occurred. Recency is expressed as a time period during which past performance references are considered relevant. The time period is five (5) years from the solicitation issue date.

Relevancy, as it pertains to past performance information, is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the source solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance.

Past Performance Relevancy Ratings

The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts.

Sources of Past Performance Information for Evaluation are as follows:

• Past performance information shall be provided by the offeror, as solicited.

• Past performance information shall be obtained from questionnaires tailored to the circumstances of the acquisition.

• Past performance information shall be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; interviews with Program Managers, Contracting Officers, and Contracting Officer Representatives. The Past Performance Evaluation Team will review this past performance information and determine the quality and usefulness as it applies to overall performance.

Once relevancy and overall performance have been reviewed, an overall acceptable or unacceptable rating will be assigned to each offeror based on the below definitions.

Overall Past Performance Evaluation Ratings

1.2 SUBMISSION OF PROPOSAL

Important Note: Respond to all requirements of the solicitation. Failure to provide the information required will render the offer unacceptable. The Government intends to award a contract resulting from this solicitation without holding discussion, therefore, offerors shall ensure that their initial proposal provides the best terms from a price and technical standpoint.

Offerors shall submit proposals, in response to this solicitation, in two separate volumes as follows:

VOLUME I – MANAGEMENT APPROACH and PAST PERFORMANCE: Include all information required for evaluation, excluding any reference to price. Offerors shall provide 1 electronic copy of Volume I. Address all required evaluation criteria in above paragraphs. Requirements for Proposal Content shall concisely describe the offeror's response to the requirements of the solicitation. Additionally, the use of general or vague statements such as "standard procedures will be used' or "good business practices will be employed' are not acceptable. Tab each section and number each page in each section. Provide a table of contents. The offeror shall submit all required documentation to the Contracting Office prior to or on the date specified for receipt of proposals.

VOLUME II – PRICE: Offerors shall include the following within their Volume II price proposal: SF1442 and pricing schedule, VAAR 852.219-75 certification, Representations and Certifications, and an Itemized price breakdown in sufficient detail to permit a complete analysis of labor burden, materials, equipment, transportation, supervision, disposal costs and overhead and profit and shall cover all work involved in the contract. Offerors shall provide 1 electronic copy of Volume II. The offeror shall submit all required documentation to the Contracting Office prior to or on the date specified for receipt of proposals.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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

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

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

(End of Provision)

2.2 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)

2.3 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 52.225-10 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 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(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):

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

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $19 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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X] (i) 52.204-17, Ownership or Control of Offeror.

[X] (ii) 52.204-20, Predecessor of Offeror.

[] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[] (vi) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or…