36C24226B0031 561A4-22-108.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________

(hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

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

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

1 61

36C24226B0031 X 01-23-2026

561-26-2-6121-0002 561A4-22-108

36C242

Department of Veterans Affairs Network Contracting Office 2 Stratton VA Medical Center 113 Holland Ave Albany NY 12208

Department of Veterans Affairs Network Contracting Office 2 Stratton VA Medical Center 113 Holland Ave Albany NY 12208

Dayna Dickson-Miller 518-903-0065

The Contractor shall furnish all materials, supplies, equipment, personnel and supervision for Project #561A4-22-108 Repair Underground Stormwater in accordance with the drawings and specifications at the VA New Jersey Healthcare System Lyons Campus.

Completion Time: 244 Calendar Days from 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 237110 - Business size is $45 million.

Magnitude of Construction: $1,000,000.00 - $5,000,000.00.

Contractor will be responsible to coordinate and schedule work and shall be expected to plan work typically during duty hours of 8am to 4:30pm 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 VA Lyons Campus.

A pre-bid site visit is scheduled for Tuesday February 3, 2026 at 11:00am EST. Prospective bidders shall meet at Building 10, 2nd floor 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 request for information must be submitted in writing to Dayna.Dickson-Miller@va.gov. Questions must be received no later than 02/17/2026 by 12:00pm.

The bids are due on March 11, 2026 at 10:45am EST. ONLY EMAIL BIDS to Dayna.Dickson-Miller@va.gov will be accepted. The bid opening will be held online via Microsoft Teams on March 11, 2026 at 11:00am EST. Details are on page 13. The bids shall include copies of the original bid bond.

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.

These 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 Acela Architects Engineers or its subsidiaries or affiliates.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICIATION AMENDMENTS.

10 244 x x 52.211-10

X 10 days

1 10:45am EDT

03-11-2026

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

561-3660162-6121-854200-3220-23NR3BV08

36C242

Department of Veterans Affairs Network Contracting Office 2 Stratton VA Medical Center 113 Holland Ave Albany NY 12208

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

1-877-489-6135

Dayna Dickson-Miller Contracting Officer

36C24226B0031

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

STATEMENT OF WORK (SOW) Project # 561A4-22-108

Construction Documentation…………………………………………………………………………9

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 BID OPENING INFORMATION

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

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION)

(NOV 2025)

2.2 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (DEVIATION) (NOV 2025)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.5 52.233-2 SERVICE OF PROTEST (DEVIATION) (NOV 2025)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.7 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

2.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

2.9 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

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

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

3.2 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

GENERAL CONDITIONS

4.1 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION) (NOV 2025)

4.2 52.219-27 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO,

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERNS

ELIGIBLE UNDER THE SDVOSB PROGRAM (DEVIATION) (NOV 2025)

4.3 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(DEVIATION) (NOV 2025)

4.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

4.5 52.223-20 AEROSOLS (MAY 2024)

4.6 52.223-21 FOAMS (MAY 2024)

4.7 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

4.9 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (DEVIATION) (NOV 2025)

4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.11 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.12 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

ALTERNATE I (OCT 2022)

4.13 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..61

Attachments……………………………………………………………………………………………..61

STATEMENT OF WORK (SOW)

Project # 561A4-22-108

Repair of Underground Stormwater & Sewage System

1. Contract Title.

Furnish professional construction services for project 561A4-22-108 Repair of Underground Stormwater & Sewage System at the VA NJ Health Care System, Lyons, NJ.

2. Background.

The Lyons VA has an aging and failing stormwater and sewer system that is in need of repair and/or replacement. Acela Architects and Engineers have designed the solution to be executed as part of this contract.

3. Scope.

The scope of work involves the removal and replacement of the existing stormwater and sanitary sewer system at the VANJHCS Lyons campus. This includes the demolition of the outdated infrastructure, installation of new precast storm and sanitary manholes, and relining of sewer pipes to ensure compliance with current standards and improve the systems efficiency.

Scope also includes providing all necessary labor, material, equipment and supervision needed for the repair of the underground stormwater and sanitary sewage system. The selected firm will follow the construction plan designed by Acela Architects and Engineers, following all government provided drawings and specifications.

4. Specific Tasks.

The work shall include work covered by specification divisions 1 (general conditions), 2 (existing conditions), 3 (concrete), 4 (masonry), 10 (Specialties-signage), 31 (earthwork), 32 (Exterior Improvements) and 33 (Utilities)

The scope of work includes but is not limited to:

Replace Storm System: All existing storm manholes and pipes that are rated 4 or

5 are to be replaced with new manholes and pipes that follow all applicable VA standards. Some storm pipes only need jet cleaning and relining instead of replacement, these are noted in the construction design drawings.

Replace Sanitary System: All existing sanitary manholes and pipes that are rated 4 or 5 are to be replaced with new manholes and pipes that follow all applicable VA standards. Some sanitary pipes only need jet cleaning and relining instead of replacement, these are noted in the construction design drawings.

New Storm System (for specifics refer to construction drawings and specification) New Cultec System (for specifics refer to construction drawings and specification) Site Restoration:

o All existing features that were disturbed or removed during trenching such as grass, brushes, concrete sidewalks, pavement, etc. shall be restored to original conditions or better.

o All disturbed soil shall be used to fill in the trench and compact to appropriate level before restoring other surface features.

5. Performance Monitoring.

Work shall be coordinated with facility through the Contracting Office Representative (COR). The designated COR will monitor the contract performance and make sure the GC adheres to VA standards and designated project milestones.

GC will be evaluated at least annually for performance and conformance to the requirements. Few main areas will be evaluated throughout the Construction period.

Areas to include:

Quality, examples:

o Ability to maintain quality control o Implementation of 3-phase inspection process o CQC (Contractor Quality Control) document o Whether plans are coordinated with specifications o Coordination between disciplines o Compliance with design criteria o Reviews of materials and shop drawings o Identification and correction of deficient work o Whether there was incorporation of unspecified materials

Schedule, examples:

o Completing construction activities in a timely manner o Adequate schedule of work o Meeting administrative milestone dates o Appropriate corrective action of GC own fault or negligence o Furnishing all required deliverables on or ahead of schedule o Furnishing updated project schedules as per contract requirements

Cost Control – Not required for Fixed Price contract Management, example:

o Orientation towards the customer o Interaction between GC and VA o Management responsiveness to the program as it relates to meeting contract requirements o The extent to which the GC identifies and applies resources required to meet schedule requirements; assigns responsibility for tasks and actions required by contract; communicates appropriate information to affected program elements in a timely manner.

o The adequacy of the GC mechanisms for tracking contract compliance, recording changes to planning documentation and management of cost and schedule control system, and internal controls, o Performance relative to management of data collection, recording, and distribution as required by the contract.

o Performance of personnel who filled the key positions, as described in the contract o Contractor’s management, on-site, and home office personnel exhibiting the capacity to adequately plan, schedule, resource, organize and otherwise manage the work.

o Subcontract management in relation to prompt payment, compliance with labor and safety standards and whether subcontractors were an integral part of the contractor’s team

Utilization of small businesses, example:

o Compliance with all terms and conditions in the contract relating to Small

Business participation Regulatory Compliance, example:

o Compliance with all terms and conditions in the contract relating to applicable regulations and codes o Compliance with all contract clause requirements o Compliance with the reporting requirements of the contract o Compliance with VA design guides, manuals, directives, and specifications

6. Security Requirements.

All contractors working as part of this project shall obtain PIV cards for all personnel who will be on site. This should be established when contract award takes place, therefore when it is time for NTP, Contractor personnel and subconsultants have their PIV cards.

General Contractor’s employees shall not enter the project site without appropriate security badge (PIV card). All contractor employees and subcontractors may also be subject to inspection of their personal effects when entering or leaving the project site.

No photography of VA premises is allowed without written permission of the CO/COR except as specifically required by the scope of the work.

VA reserves the right to close or shut down the project site and order General Contractor’s employees off the premises in the event of a national emergency. The General Contractor may return to the site only with the written approval of the Contracting Officer.

7. Risk Control

Contractors shall take all measures for safety & infection control and provide all material necessary for protecting existing equipment and property in affected areas of construction against dust and debris, so that equipment and affected areas to be used in the Medical Centers operations will not be hindered.

Contractors shall permit access to Department of Veterans Affairs personnel and patients through other construction areas which serve as routes of access to such affected areas and equipment. Coordinate alteration work in areas occupied by Department of Veterans Affairs so that Medical Center operations will continue during the construction period.

Refer to the AE drawings and specifications for more specific information

8. Place of Performance.

VANJHCS Lyons Campus

Minimize interference of construction activities with flow of Medical Center traffic, keep roads, walks and entrances to grounds, to parking and to occupied areas of buildings clear of construction materials, debris and standing construction equipment and vehicles.

9. Period of Performance.

Contractor to start immediately after submitting all critical submittals and after receipt of their PIV badges. Estimated completion time is 244 calendar days from Notice to Proceed. Completion time includes all phases of the contract, weekends and holidays.

SECTION 01 32 00

CONSTRUCTION DOCUMENTATION

PART 1- GENERAL

1.1 DESCRIPTION:

A. 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.

1.2 REQUIREMENTS:

A. Contractor shall accomplish and complete the following tasks upon award of contract:

1. Request access to ACC platform and ProductivityNOW eLearning Site to project VA

COR NLT 14 days from contract award.

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

3. 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)

4. Upon granting access, staff shall complete required ACC training through

ProductivityNOW platform within 12 Calendar days.

5. Upon successful completion of training, contractor shall submit certificates of completion to COR NLT 2 Business days.

B. Access to ProductivityNOW eLearning will expire after 12 Calendar days after online access is granted. Contractor shall complete ACC training within that period.

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

D. The contractor shall only use the ACC platform for all 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 contract amount be 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.

E. Contractor must inform the COR of any staff changes NLT 2 business days from the change. Staff changes pertains to staff who was granted access to the ACC platform.

Contractor shall request termination of access, replacement of personnel and/or any other action that might impact the contractor ability to maintain required utilization of the platform.

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

ACC platform training.

- - - E N D - - -

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 https://sam.gov/ in electronic format only by searching for solicitation number 36C24226B0031. All interested parties (subs & primes) should register at https://sam.gov/ as an “Interested Vendor” so that others will know of our 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 https://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. Bidders are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of bids.

(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 is between $30,000 - $150,000. The bidder 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.

DESCRIPTION OF WORK: GENERAL CONSTRUCTION: : The Contractor shall furnish all necessary professional Construction services to provide complete scope of work for Project #561A4-22- 108 Upgrade Underground Stormwater Sewage System Building in accordance to the project drawings and specifications for the VA NJ Health Care System, Lyons NJ.

Magnitude of Construction: $1,000,000 and $5,000,000

1.1 BID PRICING SHEET

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 general construction, electrical and Fire alarm upgrades and certain other items.

The Contract period of performance for Base Bid construction shall be 244 calendar days from Notice to Proceed (NTP).

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:

o Bid Bond and associated documents on correct forms.

o Acknowledgement of all amendments.

o Completed 52.225-2 Buy America Certificate.

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

o Verified/visible/certified on the Small Business Administration Certification on SBA - Dynamic Small Business Search.

o Proof of compliance with VETS 4212 Federal Contractor Reporting.

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 Dayna.Dickson-Miller@va.gov, Contracting Officer and timestamped by March 11, 2026, at 10:45am EST prior to the bid opening time. The bids shall include copies of a bid bond. The bid opening shall take place on March 11, 2026, at 11:00am 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: 588 811 383#

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

Offerors are hereby notified that under the New Jersey Statutes Annotated, 54:32B-9 (2), the United States of America, any of its agencies and instrumentalities, are not subject to sales or use tax when it is the purchaser, user, or consumer of personal property. Pursuant to New Jersey Administrative Code § 18:24-5.3, a contractor’s purchase of such building and construction materials within the State of New Jersey to be incorporated into the real property belonging to the U.S. Department of Veterans Affairs (VA) is subject to the exemption from the state of New Jersey sales tax. To take advantage of the tax exemption the successful offeror under this solicitation must complete FORM ST-13 “Contractor’s Exempt Purchase Certificate” when it purchases construction materials for this contract and keep on file as required by the state of New Jersey 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 state of New Jersey sales tax for incorporation into VA real estate under this contract.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(DEVIATION) (NOV 2025)

(a) Definitions. As used in this provision—

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

2.2 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)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—

SECONDARY SITE OF THE WORK (DEVIATION) (NOV 2025)

(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 52.233-2 SERVICE OF PROTEST (DEVIATION) (NOV 2025)

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:

Dayna Dickson-Miller

Contracting Officer Hand-Carried Address:

Department of Veterans Affairs

Stratton VA Medical Center Network Acquisition & Logistics(10N2NCO) 113 Holland Ave Albany NY 12208 Mailing Address:

Department of Veterans Affairs

Stratton VA Medical Center Network Contracting Office 3 (10N2NCO) 113 Holland Ave Albany NY 12208

(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)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

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

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

(End of Provision)

2.7 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

2.8 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)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT (DEVIATION) NOV 2025

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS DEC 2016

52.214-4 FALSE STATEMENTS IN BIDS APR 1984

52.214-5 SUBMISSION OF BIDS DEC 2016

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS APR 1984

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS

NOV 1999

52.214-18 PREPARATION OF BIDS—CONSTRUCTION APR 1984

52.214-19 CONTRACT AWARD—SEALED BIDDING—

CONSTRUCTION

AUG 1996

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

52.228-1 BID GUARANTEE SEP 1996

52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE)

FEB 2021

2.9 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES

INCORPORATED BY REFERENCE (JAN 2008)

The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer.

Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.]

(End of Provision)

FAR

Number

Title Date

852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST OCT 2020

852.214-71 RESTRICTIONS ON ALTERNATE ITEM(S) MAY 2018

852.214-72 ALTERNATE ITEM(S) MAY 2018

852.214-73 ALTERNATE PACKAGING AND PACKING MAY 2018

852.214-74 MARKING OF BID SAMPLES MAY 2018

852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN

SEP 2019

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

OCT 2018

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)

FAR

Number

Title Date

852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID

LINE ITEMS

APR 2019

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR

AGREEMENTS—CERTIFICATION (NOV 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

_____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C.

2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there.

Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer;

or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

3.2 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…