36C24226B0035_1.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C24226B0035 X 03-12-2026 630A4-26-409 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 Via email at yingjie.yeung@va.gov

Yingjie Yeung 347-949-1662 The Contractor shall furnish all materials, supplies, equipment, personnel and supervision for Project #630A4-26-409 Replacement AC Package Units in accordance with the Scope of Work at the St. Albans Community Living Center.

Completion Time: 365 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 236220 - Business Size is $45 Million.

Magnitude of Construction: Between $500,000 and $1,000,000.

Contractor will be responsible for coordinating and scheduling work and shall be expected to plan work typically during duty hours of 8:00 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 St. Albans Community Living Center.

A pre-bid site visit is scheduled for Thursday, March 19, 2026 at 10:00 AM. Prospective Bidders shall meet at the St. Albans Community Living Center Main Lobby, 179-00 Linden Blvd, Jamaica, NY 11425.

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 Yingjie Yeung at yingjie.yeung@va.gov.

Questions must be received no later than Thursday, March 26, 2026 4:00PM.

The bid opening will be held online via Microsoft Teams on Thursday April 16, 2026 at 10:00 AM Eastern Time. Details are on page 11. ONLY EMAILED BIDS to yingjie.yeung@va.gov will be accepted. The bids shall include copies of the original bid bond. EMAILED BIDS are due by Thursday, April 16, 2026 9:45 AM Eastern Standard Time.

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 the A/E firm or its subsidiaries or affiliates.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICIATION AMENDMENTS.

X X 52.211-10 X 10 Days

9:45AM

EDT

04-16-2026 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

ITEM 1- BASE BID___________________________________

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Statement of Work

Project Number: 630A4-26-409 Project Name: Replacement AC Package Units COR: John Kolade

Description of Work:

The contractor shall furnish all necessary labor, materials, equipment, and supervision required to complete the assigned HVAC tasks in the listed locations. All work must be performed in accordance with the attached manufacturer specifications and the VA specifications at http://www.cfm.va.gov/til/specs.asp. Work shall meet all VA design guidelines and requirements. This work shall include but not be limited to all necessary labor and material to perform all Mechanical, Electrical, Plumbing and other related trade work for a complete restoration and functional system.

Scope of Work:

1. Contractor to provide pretesting, post-testing, balancing and deficiency reports for all replacement / restoration work to verify all work.

2. Contractor to furnish and install lockable local disconnect switches for all installations.

3. Contractor to be responsible for any new duct connections and cleaning of existing ductwork used in HVAC renovations. Contractor to clean and certify all ductwork.

4. Remove and replace the following, one unit per location listed:

a. AHUs serving:

i. Building 87 Chapel

ii. Building 88 Commissary Office

b. AC package units serving:

i. Building 89 Floor 2 Pub

c. Outdoor Air-cooled chiller serving:

i. Building 87 Sterile Processing Department (SPD)

d. Outdoor condensers serving:

i. Building 87 Chapel AHU

ii. Building 89 Floor 2 Dining Room AC Package Unit

iii. Building 89 Floor 2 Pub AC Package Unit

5. Restore and make operational the following, one unit per location listed:

a. AC Package Units serving:

i. Building 64 Boiler Plant

ii. Building 85/86 Floors 2 and 3

iii. Building 86 Adult Day Health Care.

iv. Building 89 Nutrition and Food Services (NFS)

v. Building 89 Pharmacy

vi. Building 89 Pharmacy Storage

vii. Building 89 Recreation Service

viii. Building 91 Director Conference Room

b. AHU serving:

i. Building 88 Commissary Office

6. Install new electric air curtains; contractor to supply power, breakers, and conduit.

a. Remove existing electric air curtains located at:

i. Building 89 Loading Dock

ii. Building 89 Main Entrance

b. Install new electric air curtains, MARS Model 96HV-2 or similar, at locations:

i. Building 85 Main Entrance

ii. Building 88 Outpatient Clinic Entrance

iii. Building 89 Loading Dock

iv. Building 89 Main Entrance Performance Period: 365 Calendar Days General Requirements:

1. The Contractor shall furnish all labor, materials, tools, supervision, equipment, safety, necessary to perform the site preparation. At minimum, the following shall be performed:

2. The Contractor shall take all necessary precautions and safety measure to protect all patients and end users from all related activities.

3. The Contractor shall test and verify all work to ensure proper operation.

4. The Contractor must have OSHA training, and specialized OSHA training.

5. In the performance of all work, the workers must be incompliance with safety regulations governing worker safety (OSHA: 29 CFR 1926 Safety and Health Regulations for Construction; NFPA, Life Safety Codes, etc.).

6. All work shall be done in accordance with NFPA, Life Safety, VA Standards and Regulations, VA Policy and requirements, OSHA regulations, and manufacturer specification.

7. The Contractor shall guarantee that all work performed will be free from all defects in workmanship and materials and that all installation and repair will provide the capacities and characteristics specified. The contractor shall guarantee that if, during a period of one year from the date of the certificate of completion and acceptance of the work, any such defects shall be repaired by the contractor at his own cost.

8. It is the responsibility of the contractor to verify all quantities, field conditions and measurements prior to starting work. The contractor shall notify the CO/COR and VA Engineering Team of any differing site conditions prior to starting.

9. The Contractor shall always provide an English-Speaking working supervisor on-site when work is being performed and for the duration of this project. Supervisor must have a minimum of five (5) years of experience as a supervisor on five (5) projects like this.

10. The Contractor shall provide his own storage for materials. The VA is not responsible for loss of tools, materials, equipment, etc.

11. The Contractor shall post visible required warning signs and barriers prior to beginning any work.

12. The Contractor shall be responsible for any damage caused by his employees. All damages shall be repaired and/or replaced at no additional cost with the government.

13. The Contractor shall be responsible for the proper and safe removal and disposal of all debris.

14. The Contractor shall perform cleanup at any time when work area becomes cluttered and/or restricts traffic. At minimum, the Contractor shall clean work area at the end of each work shift.

15. The C&A requirements do not apply, and a Security Accreditation Package is not required.

16. The Contractor is responsible for completing the VA Privacy and Information Security Awareness training.

VA Patient Privacy and Network Infrastructure:

None of the equipment listed within this procurement package will access the VA Network or store any sensitive patient information. Any contractors that will come on site for installation will not need access to VA network. All contractors must comply with VA regulation and complete the following training: “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access or use to VA Sensitive Information.”

· Reference the attached Handbook 6500.6 Appendix A - Checklist for Information Security in the initiation phase of acquisitions.

· The system does not transmit or maintain electronic Protected Health Information. A Manufacturer Disclosure Statement for Medical Device Security (MDS2) form is not applicable.

· A VA Directive 6550 Pre-Procurement Assessment form is not applicable.

Privacy Training:

VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or the Use of VA Sensitive Information

· All contractor employees and subcontractors participating under this contract are required to complete the VA's Privacy training requirement - “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or the Use of VA Sensitive Information” Contractors must provide certifications of completion to the COR during each year of the contract. Training expires 365 days after the training is taken. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s). The COR for the contract is responsible for ensuring the contractor takes the training and to follow up with the annual requirements.

· See Attachment A – VA Privacy Training for Personnel without Access to VA Computer Project Management Platform Requirement:

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. 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 required ACC training through Productivity NOW platform within 12 Calendar days.

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

1. Access to Productivity NOW eLearning will expire after 12 Calendar days after online access is granted. 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 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 is not limited to: RFIs, submittals, schedules, shutdown requests, actionable tasks, reports, testing, safety inspections, photos, and site surveys.

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

VA New York Harbor Healthcare System St. Albans Community Living Center 179-00 Linden Blvd, Jamaica, NY 11425 Engineering Department

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.

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

GENERAL INTENTION

Contractor shall provide the labor and materials to include but not limited to the provided Scope of Work for Replacement AC Package Units at the St. Albans Community Living Center, 179-00 Linden Blvd, Jamaica, NY 11425 under Project #630A4-26-409. The period of performance is 365 calendar days from receipt of Notice to Proceed.

SITE VISIT

Bidders are urged and encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

There will only be one (1) organized site visit. It will be held on Thursday, March 19, 2026, at 10:00 AM (EST). Participants will meet at the Main Lobby of the St. Albans Community Living Center, 179-00 Linden Blvd, Jamaica, NY 11425 for sign-in process before moving on to the Job site. Please bring a government issued photo ID.

Attendance is not mandatory; however, all bidders are strongly encouraged to attend.

REQUESTS FOR INFORMATION (RFI):

To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit written RFIs via email to yingjie.yeung@va.gov.

RFIs will be responded to as necessary in amendment format which will be posted on https://SAM.gov.

The deadline for submission of RFIs for this solicitation is Thursday, March 26, 2026, at 4:00 PM (EST). No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone RFIs will not be accepted or returned.

DELIVERY OF BIDS

1. In accordance with FAR 14.202-8, the government is authorizing electronic bids on this solicitation. ALL bids shall be emailed to Yingjie Yeung, Contract Specialist, at yingjie.yeung@va.gov and timestamped by Thursday, April 16, 2026, 9:45 AM (EST) prior to the bid opening time. Bids received after 9:45AM (EST) will be rejected.

The bids shall include copies of a bid bond. The bid opening shall take place on Thursday, April 16, 2026, at 10:00am (EST). No hand-carried or mailed bids will be accepted.

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

Dial In: +1 205-235-3524 Phone conference ID: 856 551 045# Bidders are welcomed to dial in by 9:50am to take attendance.

Any exception to the terms and conditions of this Invitation for Bid (IFB) will result in a non-responsive bid.

Failure to provide a definitive price will result in a non-responsive bid.

Receipt of bids must be in accordance with the terms and conditions of this IFB.

BASIS FOR AWARD

The contract award will be made using FAR Part 14 Sealed bidding procedures, selecting the responsive, responsible bidder whose bid is conforming to the invitation for bids will be most advantageous to the Government, considering only price and the price-related factors included in the invitation. The selected bid must be determined to be a fair and reasonable price.

RESPONSIBILITY REQUIREMENTS

A Determination of Responsibility shall 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 a negative Determination of Responsibility may make the bidder/offeror ineligible for the award.

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

CONSTRUCTION MANAGEMENT PLATFORM REQUIREMENTS:

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 ProductivityNOW 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 ProductivityNOW platform within 12 Calendar days.

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

1. Access to ProductivityNOW 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 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.

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 ability to maintain 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.

FAR DEVIATION FEB 2025 Instructions:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

1.1 Instructions to Bidders

IFB No.: 36C24226B0035 Project No.: 630A4-26-409

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.

Bidding materials consisting of Invitation for Bids, drawings, and contract forms will be available on https://sam.gov in electronic format only. All interested parties (subs & primes) should register at https://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.

BASE BID SUBMISSION

A. ITEM 1: The Contractor shall furnish labor and materials and perform work to Replacement AC Package Units at the St. Albans Community Living Center as shown on contract documents (E.G. SOW, drawings, schedules) The Contract period of performance for Base Bid construction shall be 365 calendar days from Notice to Proceed (NTP).

In accordance with VAAR 836.204, the construction magnitude is between $500,000 and $1,000,000.

The following documents are to be included in the bid submission:

Offers shall provide a complete package to include the completed SF 1442 Page 2, Offer Page, along with the following to be determined responsive, responsible, and considered for award:

o One (1) signed SF 1442 page 2, Offer page, with blocks 14-20c completed.

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 SBA Small Business Search https://search.certifications.sba.gov/ o Proof of compliance with VETS 4212 Federal Contractor Reporting.

o Safety or Environmental Violation and Experience Modification Rate (EMR) (See further information on the next page)

Bid Bonds

(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.

Amendments Acknowledgment of all amendments must be accomplished either via entering data in block nineteen (19) of the SF1442 or completing blocks fifteen (15) a, b, and c of the amendment and attaching it to the SF 1442 Offer Page.

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. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.

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 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.

VETS-4212

Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). For more information on this requirement and/or for completing the web-based reporting form, visit the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (FEB 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (FEB 2016) under the General Conditions.

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 New York’s state sales and compensating use taxes on sales of materials for incorporation into VA real estate under this contract.

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

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

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

(End of Clause)

2.2 52.214-31 FACSIMILE BIDS (DEC 1989)

(a) Definition. "Facsimile bid," as used in this solicitation, means a bid, modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material.

(b) Bidders may submit facsimile bids as responses to this solicitation. These responses must arrive at the place and by the time, specified in the solicitation.

(c) Facsimile bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration.

(d) Facsimile bids must contain the required signatures.

(e) The Government reserves the right to make award solely on the facsimile bid. However, if requested to do so by the Contracting Officer, the apparently successful bidder agrees to promptly submit the complete original signed bid.

(f) Facsimile receiving data and compatibility characteristics are as follows:

(1) Telephone number of receiving facsimile equipment:

(2) Compatibility characteristics of receiving facsimile equipment (e.g., make and model number, receiving speed, communications protocol):

(g) If the bidder chooses to transmit a facsimile bid, the Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile bid including, but not limited to, the following:

(1) Receipt of garbled or incomplete bid.

(2) Availability or condition of the receiving facsimile equipment.

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of bid.

(5) Failure of the bidder to properly identify the bid.

(6) Illegibility of bid.

(7) Security of bid data.

(End of Provision)

2.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

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

(End of Provision)

2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) (a)(1) The offeror must 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 must 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 must 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)

2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.6 52.233-2 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:

Les Griffith via email at lester.griffith@va.gov Hand-Carried Address:

N/A

Mailing Address:

N/A

(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…