36C24226B0053_1.docx
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- Solicitation number
- 36C24226B0053
About this file
This is a Presolicitation Notice and Statement of Work for construction services at the Batavia VA Medical Center in Batavia, New York. The Department of Veterans Affairs is seeking a Service-Disabled Veteran-Owned Small Business (SDVOSB) contractor to perform clinic renovations under NAICS Code 236220 (Commercial and Institutional Building Construction) with a size standard of $45.0 million. The project, identified as 36C24226B0053 with requisition number 528A4-26-202, involves replacing walls, millwork, flooring, finishes, and ceilings in the ground floor clinical areas of Building 1 that experienced sanitary piping issues. The work is estimated between $250,000 and $500,000 and must be completed within 90 days from the Notice to Proceed. This is a 100% SDVOSB set-aside procurement; contractors must be registered in the System for Award Management (SAM) with a verified SDVOSB certification at the time of award and must submit an annual Vets4212 Report.
Sealed bids are due by 11:00 AM ET on May 19, 2026, via email to the Contracting Officer Idalia Algarin at idalia.algarin@va.gov, with bid opening scheduled for 11:30 AM ET on the same date via Microsoft Teams. A pre-bid site visit is scheduled for April 23, 2026, at 10:00 AM ET at the Batavia VAMC. Written questions must be submitted by May 1, 2026, at 12:00 noon ET. The contractor must furnish a bid guarantee of at least 20 percent of the proposal price (not to exceed $3,000,000), performance and payment bonds (SF 25 and SF 25A), proof of an Experience Modification Rate (EMR) of 1.0 or less, and documentation that employees have completed appropriate OSHA safety training (10-hour for all employees; 30-hour for site superintendent and foremen). The scope includes comprehensive floor work involving grinding to bare concrete and installing specified vinyl flooring; wall reconstruction with cement board, impact panels, and drywall repairs; millwork fabrication and installation; ceiling replacement converting 2x4 grids to 2x2 grids with Armstrong 3150 tiles and Lithonia lighting fixtures; plumbing work including nine new hand-wash sinks and one wall-mounted toilet with specified components; and electrical reconfiguration by licensed electricians. Work hours are 8:00 AM to 4:30 PM Monday through Friday, excluding federal holidays, though after-hours and weekend work may be required for utility interruptions and operational impact mitigation. The area remains a functioning clinical outpatient care facility for veterans; infection control, safety, and noise control are critical requirements.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| RFI 3 RESPONSES.docx | DOCX document | |
| 36C24226B0053 0003.docx | DOCX document | |
| 36C24226B0053 0002.docx | DOCX document | |
| Response to RFI -2.docx | DOCX document | |
| Clinics Sign In sheet_04.23.26.pdf | ||
| 260511 Requirements for Electrical Installations.docx | DOCX document | |
| Millwork PDF.pdf | ||
| REREQUEST FOR INFORMATION - RESPONSES.docx | DOCX document | |
| 36C24226B0053 0001.docx | DOCX document | |
| Drawings Amendment for Clinics_05.08.26.pdf | ||
| 013526 Safety Requirements.docx | DOCX document | |
| P07 WAGE DETERMINATIONS.pdf | ||
| SITE PLAN Batavia_02.16.22.pdf | ||
| 010000 General Requirements.docx | DOCX document | |
| Drawings Clinics Renovation.pdf | ||
| 013323 Shop Drawings.docx | DOCX document |
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Presolicitation Notice
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.
36C24226B0053 X 04-15-2026
TBD
528A4-26-202 36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo
NY
14215
Idalia Algarin 716-862-7461 x 22395 The Contractor shall furnish all materials, supplies, equipment, personnel and supervision for Project # 528A4-26-202 Clinics Renovations in accordance with the drawings and specifications at the Batavia VA Medical Center.
Completion time: 90 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 for award, Contractor must be registered in SAM (www.sam.gov) with a Unique Entity Identifier and are verified/visible certified as SDVOSB in the Dynamic Small Business Search (DSBS) (SBA - Dynamic Small Business Search) at the time of this procurement. Offerors must submit their annual Vets4212 Report. The North American Industry Classification System Code (NAICS) is 236220- Business Size is $45.0 Million. Magnitude of Construction: $250,000 - $500,000.
Contractor will be responsible to coordinate and schedule work plan work typically during duty hours of 8AM to 4:30PM ET 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 Batavia VA Medical Center.
A pre-bid site visit is scheduled for Thursday, April 23, 2026, at 10 AM ET. Prospective bidders shall meet the COR at Batavia VAMC, bldg 2(see attached for meeting place at ENTER). 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 Idalia Algarin, CO at idalia.algarin@va.gov. Questions must be received no later than Friday, May 1, 2026 by 12 noon ET
Bids are due by 11 AM E.T on Tuesday, May 19, 2026. The bid opening will be held online via Microsoft Teams on Tuesday, March 19, 2026, at 11:30AM ET. ONLY EMAILED to Idalia Algarin, CO at idalia.algarin@va.gov will be accepted The bid shall include copies of the original bid bond.
VAAR 852.219-75 Limitations of Subcontracting Certificate is separate requirement. Attached FAR 52.2225-2 Buy American Act Certificate is separate requirement. Attached.
THE 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 A/E firm or its subsidiaries or affiliates.
NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICITATION AMENDMENTS.
X emailed 11am
EDT
05-19-2026 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
36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo
NY
14215 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 5 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 7 |
| 1 BID OPENING INFORMATION | 7 |
| 2.2 Special Notes regarding FAR 52.229-3: Federal, State and Local Taxes: | 7 |
| STATEMENT OF WORK | 8 |
| 2.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 17 |
| 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) | 18 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 18 |
| 2.4 52.228-1 BID GUARANTEE (SEP 1996) | 19 |
| 2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 20 |
| 2.6 52.233-2 SERVICE OF PROTEST (SEP 2006) | 20 |
| 2.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 21 |
| 2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 25 |
| 2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 25 |
| 2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 25 |
| REPRESENTATIONS AND CERTIFICATIONS | 27 |
| 3.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 27 |
| 3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 27 |
| GENERAL CONDITIONS | 30 |
| 4.1 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) | 30 |
| 4.2 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (MAR 2020) | 30 |
| 4.3 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION) | 30 |
| 4.4 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2025) (DEVIATION) | 32 |
| 4.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (NOV 2025) (DEVIATION) | 35 |
| 4.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION) | 35 |
| 4.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) | 37 |
| 4.8 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION) | 37 |
| 4.9 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV 2025) | 38 |
| 4.10 SUPPLEMENTAL INSURANCE REQUIREMENTS | 43 |
| 4.11 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 43 |
| 4.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 53 |
| 4.13 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) | 53 |
| 4.14 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) | 53 |
| 4.15 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020) | 54 |
| 4.16 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 54 |
| 4.17 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 57 |
| 4.18 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 59 |
| 4.19 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 60 |
| 4.20 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 61 |
| 4.21 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 61 |
| 4.22 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 61 |
| 4.23 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 63 |
| 4.24 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 63 |
| 4.25 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD SERVICES (OCT 2018) | 65 |
| 4.26 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV 2025) (DEVIATION) | 66 |
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
(a) Solicitation materials consisting of drawings, specifications and other information may be obtained from the Contract Opportunities (formerly FedBizOpps) website:
https://sam.gov/ An Offerors’ mailing list WILL NOT BE prepared by the Contracting Officer.
SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at https://sam.gov/ Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.
(b) A bid guarantee is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000, whichever is less. Irrevocable Letter of Credit (ILC) may be submitted in lieu of a bid bond. Failure to furnish the required bid guarantee in the proper form and amount, by the proposal due date, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.
(c) The awardee for this procurement will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25. See FAR Clause 52.228-15 Performance and Payment Bonds—Construction.
Magnitude of Construction: $250,000 - $500,000.
(d) CONTRACTOR RESPONSIBILITY:
Safety or Environmental Violations and Experience Modification Rate “All 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 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 Offerors shall submit information regarding their current Experience Modification Rate (EMR), which shall be equal to or less than 1.0 to be considered for award. This information shall be obtained from the 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 must 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 shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.
(e) TRAINING:
All employees of the Prime Contractor and Subcontractors shall have the 10-hour OSHA certified construction safety course. The Prime Contractor’s competent site superintendent and any ‘foreman’ of the subcontractor(s) shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. Failure to present the proper training documentation will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement.
(f) KEYS: All keys provided to the Contractor or any subcontractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor or any subcontractor. There will be a $10 charge for each key that is lost or not returned to the COR.
(h) System for Award Management (SAM):
Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database, https://sam.gov/ and enter all mandatory information into the system. Contractors must be registered in SAM at the time of award and should be registered at the time of the proposal submission.
(j) Contractor Normal Work Hours:
The contractor’s work hours are from 8:00AM to 4:30PM, Monday through Friday, excluding federal holidays. Federal holidays that fall on a non-workday; Saturday or Sunday, the holiday usually is observed on Monday if the holiday is on Sunday or on Friday if the holiday is on Saturday. The contractor may request authorization from the Contracting Officer to work an alternative schedule or on holidays. However, the Contracting Officer reserves the right to deny or authorize the contractor’s request at his or her discretion considering the best interests of the Government. All federal holidays are observed as non-workdays. Federal holidays can be found on the following web site: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays. These days will be identified during the pre-construction meeting.
(k) Bidders are reminded to sign and return VAAR 852.219-77 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (SEPT 2021) (DEVIATION)
(l) Design Firm cannot receive the construction contract award.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
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 Idalia Algarin, Contracting Officer, at Idalia.algarin@va.gov and timestamped by May 19, 2026, 11 AM ET prior to the bid opening time. The bids shall include copies of a bid bond. The bid opening shall take place by May 19, 2026, 11:30 AM ET. 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: 326897995#
2.2 Special Notes regarding FAR 52.229-3: Federal, State and Local Taxes:
Offerors are hereby notified that under New York Consolidated Laws, Chapter 60 - Tax, Article 28 - Sales and Compensating Use Taxes, Part 3 – 1116 (2), the United States of America, any of its agencies and instrumentalities, is immune from taxation when it is the purchaser, user, or consumer, or when it sells services or property of a kind not ordinarily sold by private persons.
Pursuant to Chapter 60, Article 28, Part 3-1115(17), a contractor’s purchase of such building and construction materials within New York to be incorporated into the real property belonging to the U.S. Department of Veterans Affairs (VA) is subject to the exemption from the New York State sales and compensating use taxes. To take advantage of the tax exemption the successful offeror under this solicitation must complete ST-120.1 “Contractor Exempt Purchase Certificate” when it purchases construction materials for this contract and keep on file as required by the state of New York tax laws.
Notwithstanding FAR 52.229-3, all bids received in response to this solicitation are presumed to reflect this tax exemption and therefore should not include the New York’s sales and compensating use taxes on sales of materials for incorporation into VA real estate under this contract.
36C24226B0053
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Page 1 of
ATTACHMENT
STATEMENT OF WORK
36C24226B0053 Page 1 of Page 1 of
SCOPE OF WORK
Clinics Renovation Batavia
CONSTRUCTION SERVICES
Project # 528A4-26-202 February 2, 2026 Period of Performance; 90 days(12 weeks) from Notice to Proceed until Acceptance
General Information:
Project Description:
Project Overview Work performed under this scope will be for and conducted within VA Western New York Healthcare System (VAWNYHS) at the Batavia VA Medical Center (VAMC) located at 222 Richmond Avenue, Batavia NY 14020 under VA Project Number 528A4-26-202. This project is located on the Ground Floor of Building 1, Clinical Outpatient Area (refer to drawings). The contractors bidding on the project shall walk the jobsite to verify the SOW prior to bidding. There is a lot of work to be completed in this space as the majority of the demolition was completed on a separate contract. With the walls and many of the ceiling tiles open, the contractors can review the site and ask any questions in the form of an RFI as needed to put together the bid for this work.
Period of Performance and Work Hours The contractor is expected to work 40 hours per week during construction to remain on schedule and staff this project to meet the period of performance.
· A total of 12 weeks (90 days) (including time for paperwork, materials delivery and mobilization) from Notice to Proceed to project acceptance. This shall include project submittals to be completed prior to the start of work and close out documents. The submittals shall be provided as soon as the Notice to Proceed (NTP) is issued.
· Project Awarded; Prime Contractor puts his sub-contractors on Notice for the Notice to Proceed and to prepare the critical documents.
· The work will be performed during business hours Monday through Friday 07:00 to 17:00. Contractors can work weekends or different hours if desired with the approval of the COR and facility management. The contractor shall anticipate any utility interruptions, corridor work or work that will interfere with operations in the corridor to be after hours or weekends, based on facilities availability.
· Known After Hours Work (Including but NOT limited to)
· Water Interruptions more than likely will require to work after hours (6pm) or on weekends to avoid water disruption in the Clinical areas, the contractor shall prepare for that. This shall entail planning ahead and appropriate paperwork including but NOT limited to the PCRA, ICRA and a utility interruption work plan. The water interruptions include but are not limited to the installation of the new sinks and faucets.
· Electrical Interruptions may require after hours work, depending on the extent of the outage unless the circuits for the receptacles to be worked on are isolated. The contractor shall be prepared to work nights or weekends for the electrical systems.
· Fire Alarm Interruptions shall be completed during normal business hours.
· Fire Sprinkler Interruptions shall be completed during normal business hours if necessary.
Drawings Drawings have been provided with this solicitation as follows:
· Infection Control and Safety Plan
· Dimensions of Floor Plan
· Floor Layout New
· Millwork Plan
Specifications
· 010000 GENERAL REQUIREMENTS
· 013526 SAFETY
· 013323 Shop Drawings
Description of Work Area Batavia VAMC Clinical Areas on the ground floor of Building 1 have had multiple sanitary piping issues and need demolition and renovation. The pipes have had some work on them on a previous contract and demolition has been completed to remove all affected walls, floors and millwork from the space. We need to replace walls, millwork, flooring, finishes, ceilings, etc. See below for complete scope.
The contractor should be aware that this area will still be a functioning Clinical Outpatient Care Area for Veterans, and we cannot shut down. Infection Control, Safety and Noise Control is critical in this area. Some of the work shall be at night, or weekends to reduce the impact on patient care.
Scope of Work **Submittals are REQUIRED for ALL materials and Work Plans prior to mobilization for every discipline** Infection Control and Safety
· Access to the corridor shall have a double plastic anteroom with zippers on each access.
· Sticky mat to be changed when unable to pick up debris from shoes.
· Three (3) negative air machines with HEPA filtration, each machine is 2,000 CFM per unit.
· Plastic to block off nonfunctioning exit.
· Dumpster located at front with entrance and exit as noted on plan.
· Fire Extinguishers (FE) located on floor and elevated off ground.
· Keep area clean and free of debris.
Floor Work The floors in the following rooms inside of the clinical areas will be removed and replaced. Refer to the drawings provided for the floors (Demo and New).
· The floors have been tested and there are NO known asbestos containing materials (ACM) in the floors.
· The floors have been removed in a previous contract. The mastic was stripped by means of chemical stripping. However, to properly install the floors.
· The floors shall be ground with a diamond grinder down to bare concrete. All of this work shall be performed under negative air conditions and with the fire alarm in bypass and protected from contamination and false alarms.
· The VA shall inspect the condition of the sub floor prior to the new installation.
· The floors shall be ground with a diamond grinder down to bare concrete. All of this work shall be performed under negative air conditions and with the fire alarm in bypass and protected from contamination and false alarms.
· The VA shall inspect the grinding upon completion to ensure that the floors are prepared to proceed to the next step. EVERY square foot has to be ground down to bare concrete, including next to existing walls. All of the previous leveler and topper SHALL be removed, bare concrete.
· Use a low viscosity rigid polyurethane crack and joint repair such as ARDEX Ardi Fix where all cracks are in the floor. All cracks and joints shall be prepared prior to proceeding with the next step.
· Use a one coat moisture control system for concrete such as ARDEX MC Rapid to provide a moisture barrier over all the areas where new floors shall be installed.
· Prime the floors prior to self-leveling. Submit on product to be used.
· Use self-level underlayment to level the floors such as ARDEX V 1200 over all the areas where new floors shall be installed.
· Use feather finish, self-drying, cement-based finish underlayment such as the ARDEX Feather Finish.
· Make sure to take floor drains into account when performing the floor preparation to NOT block the floor drains, clean outs, door access, etc.
· Use a vinyl adhesive designed for interior applications of floor installations and approved by the manufacturer of the floors. Provide a submittal for approval.
· Use the following floors for the areas indicated
· Halls and Exam Rooms inside of the two doors for Phase 1 shall be: Latitude Wood: Beach Natural PLWD 7521 WW
· Bathroom(s) shall be Latitude Stone ELBRUS PLST 7501
Wall Work
· The existing handrails, corner guards, etc. are new and shall be re-used for this project. The contractor on a previous project has removed them and located them to building 9. The contractor on this project shall pick them up and re-install them on the walls when the walls are ready. The existing handrail and corner guards are made by Inpro and are the color Pewter Gray #0107.
· Provide fire rated 3/4” plywood between and secured to the studs for the handrail to attach to. The handrails shall be installed at the same eight as existing (34 inches above finished floor to the top of the handrail.
· Provide batt R15 insulation in the walls for soundproofing. The existing insulation was removed from 4 foot down in all walls during demolition and shall be replaced.
· Replace the 5/8” drywall that was removed with 5/8” cement board or hardy board (shall be a cement-based backer that is water resistant). The side of the board to be used shall be the smooth side to adhere to the Impact panel to as per manufacturers specifications. The cement board shall go up approximately 3 feet or the height of the handrails and Impact Panel.
· Provide Impact Panel from the ground up to 3 feet (to the height of the handrails) made my Inpro color Dove Gray #0106 and all accessories for a finished product.
· The existing handrail shall be re-installed to be 36 inches above finish floor to the top of the handrail.
· Provide a Channel over the top of the impact panel to secure the wall and project the edges. Provide a submittal from Inpro for means of protection.
· Where there is NO handrail, there shall be the 5/8” cement board and Inpro impact panel with a finish strip on top of the impact panel. This will be inside of the offices predominately.
· Provide the stainless-steel wall base cover Inpro to match the wall covering.
· Painting of the walls and door trim shall follow the following parameters.
· Refer to the drawing for walls to be painted from the impact panel up in each room identified and corridors.
· From the wall panel up, remove all pictures, whiteboards, wall plates, signs, accessories, etc. to paint walls. Sharps containers can remain on wall and paint around. Replace everything after painting.
· Additional drywall work and repairs. The walls have been removed up to 4 feet, there shall be cement board as stated above from the floor up to 3 feet. There will be a gap between the existing drywall and the new cement board / impact panel. The contractor has the option to replace all the drywall from 3 feet up to above the ceiling grid line or repair the drywall and add new drywall to blend into the existing drywall.
· Finish Grade to be installed
· Repair the corner beads on all walls from floor to ceiling. The drywall is 5/8”.
· Patch and prime any holes in the wall.
· The paint colors have been provided with the exact paint and paint color. Match the walls with the existing paint and paint with one coat for even coverage. The paint colors are as follows:
· Door Trim shall be Sherwin Williams 7017 Dorian Gray. Direct to Metal Acrylic Coating Semi-Gloss. Extra White Base.
· Wall Color 1 shall be (match to existing wall) Sherwin Williams 7015 Repose Gray. Promar 200 Egg Shell Zero VOC extra white base.
· Wall Color 2 shall be (match to existing wall) Sherwin Williams 9147 Favorite Jeans. Promar 200 Egg Shell Zero VOC extra white base.
· The base cove on ALL that walls in corridor, offices, etc. shall be 6 inches Roppe rubber flexible and the VA will provide the contractor with the color to purchase and install.
· Re-mount the fire alarm pull station and other fire alarm devices on the walls by a qualified technician at Johnson Controls. Contractor shall use Johnson Controls Contractor for all fire alarm systems.
· The contractor shall anticipate replacing studs that are rusty and need of replacement. This shall entail replacing 20% of the studs located in this space for bidding purposes. There will be a mix of 2x4 and 2x6 metal studs.
· When replacing studs, you will also have to replace and repair existing drywall that will be from 4 feet above the finished floor to the ceiling.
· The drywall that was removed from the project area was not done perfectly. The contractor shall replace drywall as needed to line up with the cement board that will be from 4 feet high to the floor. This shall entail patching and repairing all walls and salvaging what dry wall that can be saved. The contractor shall survey this prior to bid.
· The drywall in room G45 and other area where upper cabinets were removed will require a substantial amount of wall preparation, it may be advantageous and easier for the contractor to replace that drywall.
· The studs in room G40 are 2x6 metal that shall be replaced due to rust prior to closing the walls.
Millwork There is millwork on this project that shall be replaced. Refer to the drawing provided for millwork. For the millwork to be replaced, the new millwork shall be the approximate dimensions provided however the contractor shall take measurements and provide submittals and shop drawings for color, finish, quality, hardware, etc. for approval prior to ordering. The contractor shall engage a vendor that specializes in millwork to assist with this process, and the VA specification section for carpentry is provided. It is imperative that the contractor with the VA work with the vendor to get the millwork as soon as the project is awarded. The objective is to install millwork and open the area for Clinical care; standard and available millwork is acceptable.
· Room(s) G37 and G46 have upper cabinets that shall remain. The new millwork shall be matched as close as possible to the colors of these existing upper cabinets.
· Provide lower cabinets with solid surface countertop in rooms G37 and G46 and all associated hardware. All drawers shall be lockable.
· In the corridor G49, there is a cove that had millwork removed. These were built in closets with doors for storing supplies and were lockable, adjustable shelving and able to wipe down to clean. The dimensions for this space are 10 feet long, 2 feet wide and 8 feet tall.
· Make sure that the walls behind this millwork are replaced with the appropriate cement board/drywall and finished.
· Room G46 provide three (3) desks for the service windows to the clinics.
Ceiling Work The ceiling inside of the clinical area shall be replaced on this project. Some of the devices on the ceiling shall be protected and reinstalled. The existing ceiling is a 2x4 grid in most places while in some it is a 2x2 grid.
· The existing ceiling grid is a mix of 2x4 and 2x2. In the offices it is predominately 2x2 and in the corridor predominately 2x4. Most of the grid is in decent shape and can be re-used. All of the 2x4 grid shall be converted into 2x2 grid. The grid is white aluminum.
· Grid shall be supported with hangers from the above deck and periodic rivets for structural integrity.
· All of the devices in the ceiling shall be put back into the grid when completed.
· The contractor shall anticipate replacing 20% of the existing ceiling grid that is damaged.
· The contractor shall anticipate converting all 2x4 grids to 2x2 grids above and beyond the 20% replacement of damaged grid.
· The ceiling grid tiles shall be 2x2 Armstrong 3150.
· There are ceiling tiles within this project area that were recently added by VA staff that are Armstrong 3150. Most of these tiles will be in the ceilings in the offices with some in the corridor. The contractor shall take down and re-use these tiles and provide additional matching tiles to completely fill in the ceiling grid with new Armstrong 3150 2x2 tiles. All the tiles on this project shall be Armstrong 3150 when completed. The contractor shall anticipate 60% of the total space to be all new ceiling tiles, this shall include any tiles that are damaged while attempting to re-use.
· Replace all the light fixtures with the following light fixture, Lithonia Lighting STAKS 2x2 ALO3 SWW7 Acuity. This shall entail a qualified electrician making these connections.
· There are 28 of these light fixtures already installed in this project area by VA staff. These light fixtures shall be re-used, and the contractor shall provide additional light fixtures to have the entire project area be the new Lithonia Lighting STAKS 2x2 ALO3 lights.
· Change all offices and exam rooms to have dimmer switches. Provide submittal for approval.
· The existing HVAC devices (supply and return) shall be preserved and located back in the grid in the same location.
· Provide Filters over supply and return for infection control during all work.
· The existing Wi-Fi repeaters shall remain in operation and be located back in the same location as currently located.
· Fire Sprinkler heads to remain as is. Contractor shall take extra precautions while working around sprinkler heads.
· Fire Alarm Devices shall be re-mounted by a qualified technician at Johnson Controls.
· Nurse call devices shall remain in the same location, connected and operational when the ceiling is complete. Responder V or VI with RONCO. Contractor shall contact RONCO to test and make sure system is operational upon completion of work, 1-888-879-8011
· All speakers and any devices shall be placed back in the same location and any other devices not noted on this SOW and Incorporated back in ceiling.
Plumbing Work Water Closet
· The existing toilet in this space is a wall mounted toilet that shall be replaced with all the piping and flush valve. The toilet is located in room G40.
· Provide and install a new Zurn Cast Iron toilet carrier for a wall mounted toilet or approved equal.
· Provide and install a new Kohler 1.6 gallons per flush wall mounted, elongated bowl, ADA compliant, top spud toilet bowl. Model number is K-84325-SSL-0.
· Provide and install a Sloan Flushometer model 111, 1.6 gallons per flush, chrome and standard segment diaphragm.
· Provide and install additional copper pipes, couplings, fitting, etc. to complete the installation. Make sure to utilize couplings for dissimilar metals as needed.
Hand Wash Sinks
· There are nine (9) wall mounted sinks that shall be removed and replaced with new ones as part of this project. The existing sinks have plywood and sheet metal backing between the studs (metal studs) that shall also be removed.
· There is a Mixing Valve above the ceiling that serves a multiple sink. This will need to be removed by this contract. Remove the above ceiling mixing valves.
· Where the mixing valve is removed, re-pipe to all the sinks that fed that mixing valve with individual piping per sink (copper as per VA spec).
· Provide NEW sinks by Kohler Kingston wall mount vitreous model K-2005-0 in color white.
· Provide universal wall mount that is compatible with the specified sink. Submit a wall hanger for the sinks with concealed arms to mount existing sinks on the wall.
· Provide faucets by Chicago Faucet H-G11H-63ABCPT
· with the long-term DC power supply
· Braided Hoses under the sink
· Integral mixing valve in the faucet
· Provide stainless steel blank plates for holes in sinks not used.
· Replace the stops on all sinks with new angle stops.
· Reinsulate all copper pipe where insulation was removed or relocated, ALL pipe shall be insulated. Provide white rubber pipe wrap insulation for exposed sanitary piping. Handy Shield Maxx Soft ADA under lavatory protector 2003W or approved equal.
· Provide new sanitary traps to existing copper drainpipes. The existing sanitary trap is brass with chrome connected to copper pipe. The new sanitary shall match existing.
· Allow for additional copper and insulation as needed for each sink to make new connections, supply and sanitary.
· Provide up to 30' of 1/2" type L copper for each sink on drawing
· new 1/2" isolation ball valve for HW/CW for each sink above ceiling
· NO Pro-press allowed, soldered piping only
· New quarter turn valve below sink
· New bend copper for final connection from quarter turn to Point of Use Mixing Valves to the sink.
· No flexible hose for final connection
· Insulate all piping.
Chlorinate and sanitize all piping prior to turning over to VA:
3.3 DISINFECTION DURING AND FOLLOWING REPAIR OR MINOR MODIFICATION OF EXISTING MAINS OR INTERIOR PIPING A. Before Repair
1. Where practical, isolate a section of affected line and shut off all service connections.
2. Swab or spray the inside of new pipe and fittings with a minimum of 1 percent (10,000 ppm) hypochlorite solution before they are installed. Disinfect tools to be used in same manner.
B. Flushing after Repair
1. Prior to disinfection, flush affected line to clean out contamination introduced during repairs. If possible, flush from both directions. Flush until discolored water is eliminated, and water flows clear. If line segment cannot be isolated, thoroughly flush the segment into a tank or through a fire hydrant. Follow requirements listed for notification and possible dichlorination requirements.
2. Obtain verification that COR has witnessed that the affected line has been thoroughly cleaned (flushed) and is ready for chlorination.
C. Apply chlorine to water to expose interior surfaces of affected segment at the chlorine concentration and contact times as follows; verify total chlorine concentration by an initial total chlorine concentration test as described in Section 1.4.D:
Chlorine Concentration (mg/L, ppm) Contact Time
| 300 |
| 15 minutes |
| 250 |
| 1 hour |
| 200 |
| 1.5 hours |
| 150 |
| 2 hours |
| 100 |
| 3 hours |
D. Retain chlorinated water in main, or piping, for above prescribed contact time. At the end of prescribed time period, flush affected line with potable water until total chlorine concentration in main is less than 1 mg/L (1 ppm).
E. After flushing, Contractor shall arrange for final total chlorine concentration and bacteriological quality tests as described in Section 1.4.D.
F. After final total chlorine concentration and bacteriological quality tests have been completed, Contractor shall furnish disinfection report to COR. If water quality tests do not show compliance with water quality requirements of the Safe Drinking Water Act as described in Section 1.4.D, repeat E, F, and G above until test results demonstrate compliance.
Electrical Work
· Electrical Work shall be completed by a qualified and licensed electrician and follow NFPA 70 / NFPA 70E
· The receptacles and data on the wall require reconfiguration with the new drywall.
· Wall and ceiling mounted Fire Alarm pull stations shall be reconnected. Fire Alarm Devices shall be re-mounted by a qualified technician at Johnson Controls.
· Provide new wall plate covers for all receptacles and switches.
· New light fixtures as indicated under ceiling work.
· Electrical circuits shall be shut off by a VA employee.
· All conduits shall be electrical Metallic Tubing 3/4”, conductors shall be #12AWG type THHN (solid copper wire). Provide additional conduits, conductors and junction boxes as needed for light fixtures. Flexible conduits may be used at each light fixture of no more than three (3) feet.
>>>END<<<
2.1 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)
2.2 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)
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)
2.4 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3M, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)
(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—
(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and
(2) Standard Form 28, Affidavit of Individual Surety.
(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.
(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.
(End of Provision)
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Idalia Algarin
Hand-Carried Address:
Email: idalia.algarin@va.gov
Mailing Address:
Idalia Algarin email: Idalial.algarin@va.gov
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
2.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.
Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
Marginalized populations of Sudan means—
(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export…
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