36C24226B0026_1.docx

36C24226B0026

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.

36C24226B0026 X 01-13-2026 528A5-22-506 00242 Department of Veterans Affairs Network Contracting Office 2 Canandaigua VA Medical Center 400 Fort Hill Ave Canandaigua

NY

14424 Devan.Bertch@va.gov

Devan Bertch 716-698-6459 The Contractor shall furnish all materials, supplies, equipment, personnel and supervision for Project 528A5-22-506 Replace Building 118 FCUs in accordance with the drawings and specifications at the Canandaigua VA Medical Center.

Completion Time: 300 Calendar Days from the Notice to Proceed.

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

In order to be eligible for award, Contractor must be registered in SAM (www.sam.gov) with a Unique Entity Identifier and verified/certified as SDVOSB in the Small Business Search https://search.certifications.sba.gov/ at the time of bid/offer submission and before award of this procurement. Offerors must submit their annual Vets4212 Report. The North American Industry Classification System Code (NAICS) is 238220 - Business Size is $19 Million.

Magnitude of Construction: Between Between $2,000,000 and $5,000,000..

Contractor will be responsible for to coordinate and schedule work and shall be expected to plan work typically during duty hours of 8 AM to 4:30 PM eastern time except as noted in the general conditions and as approved by the CO. Work shall comply with VA Specifications and regulations, all applicable Federal, State and Local codes, including specific regulations related to working at the Canandaigua VA Medical Center

A pre-bid site visit is scheduled for Wednesday, January 21, 2026 @ 10:00am. Prospective bidders shall meet at the Canandaigua VAMC - Building 118 Engineering conference room.

NOTE: NO OTHER SITE VISITS WILL BE ALLOWED. INTERESTED BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND

To preserve the integrity of the procurement process, all questions and requests for information (RFIs) must be submitted in writing to Devan Bertch at Devan.Bertch@va.gov.

Questions must be received no later than Tuesday, January 27th, 2026 at 4:00pm.

The bid opening will be held online via Microsoft Teams on 02/13/2026 @ 1:00pm. Details are on page 15. ONLY EMAILED BIDS to Devan.Bertch@VA.GOV will be accepted. The bids shall include copies of the original bid bond. The bid opening shall take place on Friday, February 13th, 2026 @1:00pm.

VAAR 852.219-75 Limitations on Subcontracting Certificate is a separate requirement. (Attached) FAR 52.225-2 Buy American Act Certificate is a separate requirement attached in the solicitation.

The signed certificates must be received with the bid.

FAR Part 36.209 Construction contracts with architect-engineer firms. No contract for the construction of a project shall be awarded to MILLER-REMICK, LLC or its subsidiaries or affiliates.

x x 52.211-10 X 12:30pm

EST

02-13-2026 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

00242 Dept. of Veterans Affairs Network Contracting Office 2 Canandaigua VA Medical Center 400 Fort Hill Ave Canandaigua

NY

14424 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available on http://www.SAM.gov in electronic format only. All interested parties (subs & primes) should register at http://www.SAM.gov as an “Interested Vendor” so that others will know of your interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contract Specialist. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at http://www.SAM.gov. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.

(b) If bid exceeds $150,000 a bid bond must be submitted. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

(d) If the bid/offer is between $30,000 - $150,000 The bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.

Reference Federal Acquisition (FAR) 28.106-1 for a list of Bond and Bond Related Forms. Copies of the Standard Forms referenced above may be obtained in the Standard Form section at https://www.gsa.gov/reference/forms#.

DESCRIPTION OF WORK: Work performed under this scope will be for and conducted within the Canandaigua VA Medical Center (VAMC) located at 400 Fort Hill Ave, Canandaigua, NY 14424. Normal working hours are Monday – Friday 8:00am – 4:30pm. The Canandaigua VAMC campus needs to Replace Building 118 FCUs in accordance with the construction documents developed by the Canandaigua VAMC.

The Canandaigua VAMC requires a Contractor to perform construction work necessary to accomplish this goal.

Cost Range: Between $2,000,000 and $5,000,000

1.1 BID PRICING SHEET

IFB No.: 36C24226B0026 Project No.: 528A5-22-506 Bids providing less that 120 Calendar Days of Government Acceptance after the date bids are due will not be considered and will be rejected.

The bidder agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this bid is accepted by the Government in writing within 120 calendar days after the date bidders are due.

BASE BID

A. ITEM I, GENERAL CONSTRUCTION: BASE BID: Work includes all items that Replace Building 118 FCUs at the Canandaigua VAMC in accordance with the construction documents developed by the Canandaigua VAMC

The Contract period of performance for Base Bid construction shall be 300 calendar days from Notice to Proceed (NTP).

The following bid is to be submitted in lieu of completing block 17 on the attached SF 1442:

Base Bid $ : ___________________________________________

Offers shall provide a complete package to include the completed bid sheet along with the following to be determined responsive, responsible, and considered for award:

1. Bid Bond and associated documents on correct forms;

1. Acknowledgement of all amendments;

1. Completed 52.225-2 Buy America Certificate

1. Completed 852.219-75 VA Notice of Limitations in Subcontractors Compliance Certificate

1. Verified/visible/certified on the Small Business Administration Certification SBA Small Business Search

1. Proof of compliance with VETS 4212 Federal Contractor Reporting.

1. Safety or Environmental Violation and Experience Modification Rate (EMR) (See further information next page)

Safety or Environmental Violations and Experience Modification Rate:

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information will be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead may obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR will obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

RESPONSIBILITY REQUIREMENTS

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information may result in a determination of “non-responsibility” for the bidder/offeror.

NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

1.2 STATEMENT OF WORK (SOW)

SCOPE OF WORK

Project No. 528A5-22-506 Replace Building 118 Fan Coil Units Finger Lakes Health Care System Canandaigua VA Medical Center 400 Fort Hill Avenue Canandaigua, NY 144

GENERAL PROJECT WORK SCOPE DESCRIPTION

Existing Conditions:

The Canandaigua VAMC is located at 400 Fort Hill Avenue, Canandaigua, NY 14424. The layout is a campus with more than 30 buildings located on over 150 acres. Normal working hours are Monday – Friday 8:00am – 4:30pm. The Canandaigua VAMC is establishing a requirement to upgrade the HVAC system in B118 (Engineering Building). The existing HVAC system in B118 is two-pipe hydronic glycol heating units located in the maintenance shop and corridors, while the office spaces use an overhead Daikin VRF for both heating and cooling as well as baseboard supplemental hot water heating.

Scope of Work:

Provide all labor, material, equipment, supervision to perform the following items, please refer to the design documents for all required details:

· MECHANICAL

The scope of work includes, but is not limited to, the replacement of existing FCUs in the Shops and corridor areas, as well as the supply and installation of new mechanical equipment. This comprises a dedicated outside air unit (DOAS), a new air handling unit (AHU), and an air-cooled chiller, along with all necessary system components. These components may include ductwork, variable air volume (VAV) boxes, hydronic piping, pumps, coils, and heat exchangers. Please refer to the design documents for detailed specifications.

· STRUCTURAL

The contractor is responsible for providing investigative services including soil boring and GPR services to locate the existing underground structures and utilities near the AHU and DOAS.

The new structural components will be implemented to support the installation of the updated and heavier HVAC equipment. This encompasses the construction of concrete piers and structural steel dunnage for the new grade-mounted AHU and DOAS units. Additionally, a new concrete pad with turned-down edges will be constructed for the chiller, along with new support for piping and ductwork throughout the facility.

· GENERAL CONSTRUCTION

This work involves architectural and site-related tasks to support the HVAC upgrades. Key activities include removing and reinstalling or replacing ACT ceilings, removing and replacing a roof access ladder, creating and repairing roof and wall openings, and restoring interior finishes. Exterior site work includes pouring a new concrete pad for the air-cooled chiller and installing new landscaping around exterior equipment.

· ELECTRICAL

The scope of work includes replacing the existing incoming electrical service equipment and upgrading the service capacity to 500 amps. And new electrical feeders will be installed from the main distribution panel (MDP) and electrical panels to support the installation of new mechanical equipment. The electrical work will also include removal of existing lighting fixtures within the construction area, followed by the installation of new LED lighting layouts with appropriate controls and modifying the existing fire protection and fire alarm systems, as well as updates to the lightning protection system, to ensure compatibility with the new construction.

· HAZARDOUS METERIAL ABATEMENT:

Specialized abatement work is required to safely remove hazardous substances from the building. This includes removing asbestos-containing material (ACM) found in flooring mastics and remediating any identified lead-based materials prior to other construction activities.

· PROJECT PHASES:

This project is split into Three general phases (refer to 01 00 00 General Requirements for more phasing detail) Phase I: Corridors CBX2, CBX3, CBX4, Building 36 Link, Shops and Exterior.

Phase II: Partial Office Wing, Rooms 21 – 30 Phase III: Full Office Wing including Rooms 1, 2, 3, 4, 5, Corridor CBX1

General Requirements:

A. The contractor shall review the contract documents in their entirety prior to submitting their bid.

a. Pay particular attention to, but not limited to, the following Division 1 specification sections.

i. 01 00 00 General Requirements

ii. 01 32 00 Construction documentation

iii. 01 32 16.15 Project Schedules

iv. 01 35 26 Safety Requirements

v. 01 45 00 Quality Control

vi. 01 74 19 Construction Waste Management.

B. Where incidental work is required to accomplish work shown on the drawings, this work is implied and shall be included as part of the base bid.

C. Prior to any work commencing in an area, the contractor shall notify the COR of his intention to work in the area and shall schedule a walkthrough with the COR to determine existing conditions.

D. After the work, the existing work areas shall be returned to their original state before final approval shall be given.

E. After the completion of construction, the contractor shall completely clean all surfaces of construction debris.

F. The contractor shall receive all deliveries of materials, equipment, tools, or other goods off station, and bring them to the job site. The medical center will not accept deliveries on the contractors behalf.

G. Any non-lead time materials will only be paid for when installed.

H. Any items identified as punch list items will be fixed prior to project closeout.

I. Off tour work may be required to minimize the impact on Veterans and employees.

J. The contractor shall warrant all work, including for 1 year from the date of acceptance. Warranty shall include any labor or parts necessary to ensure complete functionality of the new area.

Submittals:

A. The following submittals, at minimum, are to be submitted and approved prior to mobilization.

a. Critical path method (CPM) project schedule and schedule of values (SOV).

b. Submittal register

c. Safety Plan

d. Quality Control Plan

e. Waste Management Plan

f. ACM Abatement Plan

B. The contractor shall maintain an accurate excel spreadsheet listing all submittals required. The worksheet shall be submitted by the contractor and reviewed and re-submitted as necessary.

Autodesk Construction Cloud

1. Construction contractors and A/E design firms, selected by award to perform work at VISN 2 VA facilities, are required to utilize VISN 2 Autodesk Build Construction management platform, also called Autodesk Construction Cloud (ACC). Access to the platform and training portal will be provided by VISN 2 through project Contracting Officer Representative (COR) at no cost for the duration of the project. Autodesk Build is the management and collaborative environment that VISN 2 uses for all its Non-Recurring Maintenance (NRM), Minor Program projects, Feasibility Studies, Commissioning and Retro-Commissioning contracts. There is no user, license, or subscription fee to the contractor for using this cloud-based platform.

1. The contractor shall accomplish and complete the following tasks upon award of contract:

1. Request access to ACC platform and Productivity NOW eLearning Site to project VA COR NLT 14 days from contract award.

1. Only staff that shall utilize the platform to be granted access. Examples: Project manager, sub-contractors POC, Site manager, Safety officer, etc.

1. The access request shall be in writing and include a list of staff. The list shall include the following information:

· Full Name

· Company Name

· Email Address

· Role/Position on the project (i.e., Project manager, site super)

1. Upon granting access, staff shall complete the required ACC training through Productivity NOW platform within 12 Calendar days.

1. Upon successful completion of training, the contractor shall submit certificates of completion to COR NLT for 2 business days.

1. Access to Productivity NOW eLearning will expire after 12 Calendar days after online access is granted. The contractor shall complete ACC training within that period.

1. Additional Staff and Subcontractors can be added at any time with a request submission to the project COR as described above.

1. The contractor shall only use the ACC platform for contract required submissions, official project correspondence to be acknowledged, reviewed, and actioned by the responsible party. No additional time shall be added to the contract, nor an increase in the contract amount provided for the contractor’s failure to utilize the ACC platform as the project’s official communication and collaboration system. Any correspondence out of platform shall not be the governing authority contradicting direction and will be at the contractor’s expense. Official project correspondence and collaboration includes but not limited to: RFIs, submittals, schedules, shutdown requests, actionable tasks, reports, testing, safety inspections, photos, and site surveys.

1. The contractor must inform the COR of any staff changes NLT 2 business days from the change. Staff changes pertain to staff who were granted access to the ACC platform. The contractor shall request termination of access, replacement of personnel and/or any other action that might impact on the contractor’s ability to maintain the required utilization of the platform.

1. Contractor submission requirements cannot be accepted for work to begin without meeting all ACC Platform requirements outlined herein, including completing required ACC platform training.

Project Duration:

The total project duration for this project is 300 days. This includes all processes starting with submission and approval of all submittals and ending with final punch list.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 BID OPENING INFORMATION

In accordance with FAR 14.202-8, the government is authorizing electronic bids on this solicitation. ALL bids shall be emailed to Devan Bertch Contracting Officer, at Devan.Bertch@va.gov and timestamped by Friday, February 13th , 2025 @ 12:30 PM EST prior to the bid opening time. The bids shall include copies of a bid bond. The bid opening shall take place on Friday, February 13th , 2025 @ 1:00 PM EST. No hand-carried or mailed bids will be accepted.

The bid opening will take place via Microsoft Teams conference call. To access the conference, please access:

To join by phone please dial 1-347-566-4838 Phone conference ID: 544 815 556#

2.2 Special Notes regarding FAR 52.229-3: Federal, State and Local Taxes:

Offerors are hereby notified that under New York Consolidated Laws, Chapter 60 - Tax, Article 28 - Sales and Compensating Use Taxes, Part 3 – 1116 (2), the United States of America, any of its agencies and instrumentalities, is immune from taxation when it is the purchaser, user, or consumer, or when it sells services or property of a kind not ordinarily sold by private persons.

Pursuant to Chapter 60, Article 28, Part 3-1115(17), a contractor’s purchase of such building and construction materials within New York to be incorporated into the real property belonging to the U.S. Department of Veterans Affairs (VA) is subject to the exemption from the New York State sales and compensating use taxes. To take advantage of the tax exemption the successful offeror under this solicitation must complete ST-120.1 “Contractor Exempt Purchase Certificate” when it purchases construction materials for this contract and keep on file as required by the state of New York tax laws.

Notwithstanding FAR 52.229-3, all bids received in response to this solicitation are presumed to reflect this tax exemption, and therefore should not include the New York’s state sales and compensating use taxes on sales of materials for incorporation into VA real estate under this contract.

2.1 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

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 52.225-10 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)

2.4 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)

2.5 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)

2.6 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:

Devan Bertch

Hand-Carried Address:

Mailing Address:

Devan.Bertch@va.gov

(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)

2.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision)

2.8 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)

2.9 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)

2.10 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: