36C24226R0033_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.

36C24226R0033 X 02-06-2026 528A8-18-801 36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215 Michael Spivack Network, Contracting Office (NCO) 2 3495 Bailey Avenue, Building 3 Buffalo NY 14215

SPIVACK, MICHAEL

716-862-1461 X22458 General Description: Renovate for Cardiac Cath & IR Project Number: 528A8-18-801

The Contractor shall provide all Management, Supervision, Labor, Materials, Equipment, Tools, and Transportation to execute work in accordance with the drawings and specifications for the Renovate for Cardiac Cath & VIR project at Alban Medical Center - 113 Holland Avenue Albany NY 12208.

Completion Time: 790 Calendar Days from the Notice to Proceed (NTP).

This procurement will be 100% set-aside for Small Businesses in accordance with VAAR 808.004-70.Offerors shall be registered in the System for Award Management (www.sam.gov) at the close of the solicitation and at the time of award.

Offerors must submit their annual Vets4212 Report. The North American Industry Classification System Code (NAICS) is 236

- Business Size is $45 Million.

Magnitude of Construction: Between $5,000,000 and $10,000.000.

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

A site visit is scheduled for 12pm on Wednesday, February 18th, 2026. All prospective offerors are to meet in the Main Lobby at 113 Holland Ave. Albany NY 12208.

NOTE: NO OTHER SITE VISIT WILL BE ALLOWED. INTERESTED CONTRACTORS ARE STRONGLY ENCOURAGED TO ATTEND.

To preserve the integrity of the procurement process, all questions and requests for information must be submitted in writing to Michael.Spivack@va.gov. Questions must be received no later than 02/27/2026 by 12:00pm EST.

EVALUATION OF OFFERS AND BASIS FOR AWARD: The Government will evaluate offers using evaluation factors and significant subfactors tailored to this project. The evaluation process will follow FAR 15.305 procedures and award a single contract from this solicitation. Evaluation of Offers & Basis for Award will be in accordance with FAR 15.305 with appropriate consideration given to the following evaluation factors: (1) Technical, (2) Past Performance, (3) Price.

Technical Factor: Offerors shall submit an offer demonstrating experience in renovating procedure rooms in a healthcare setting including qualification of the Competent Person/Project Supervisor who will be assigned to this project. Please see page 8 for detailed evaluation factors.

All proposals are due March 10th, 2026 at 10:00EST. Proposals shall be emailed to Michael Spivack at Michael.Spivack@va.gov. See Evaluation Factor section (pg. 50-52) for submittal requirements.

X X 52.211-10 X 12:00

EST

03-10-2026 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/

Michael Spivack

Table of Contents

SCOPE OF WORK

VA PROJECT NO. 528A8-18-801

RENOVATION FOR CARDIAC CATH AND VIR

This Scope of work is for construction services for the completion of project 528A8-18-801: Renovation for Cardiac Cath Lab and Vascular Interventional Radiology Lab located at the Albany VA Medical Center 113 Holland Avenue, Albany NY 12208. All work shall be completed within 790 calendar days from issuance of the Notice To Proceed.

1.3 STATEMENT OF BID ITEM(S)

A. ITEM I, GENERAL CONSTRUCTION:

Work includes all labor, material, equipment and supervision to perform:

1. The required general construction work on this project including, but not limited to, demolition of existing architectural items, new walls, new floor, new ceilings, new finishes, temporary facilities and any other addition/demolition alterations necessary for a complete and operable system.

2. The required mechanical construction work on this project including, but not limited to, demolition of existing HVAC and hydronic systems, new constant volume air terminal units, new ductwork, new hydronic piping, new controls, new pressure monitoring equipment and any other addition/demolition alterations necessary for a complete and operable system.

3. The required plumbing construction work on this project including, but not limited to, demolition of existing plumbing fixtures, demolition of domestic/sanitary/venting/medical gas/RO piping, new plumbing fixtures and any other addition/demolition alterations necessary for a complete and operable system.

4. The required fire protection construction work on this project, including but not limited to, demolition or relocation of existing sprinkler heads, new sprinkler heads, new fire protection piping and any other addition/demolition alterations necessary for a complete and operable system.

5. The required electrical and fire alarm construction work on this project including, but not limited to, demolition of existing power and lighting systems, new power circuits, new lighting fixtures, relocation of existing fire alarm equipment, new fire alarm devices, installation/removal of temporary heat detectors in the working areas, and any other addition/demolition alterations necessary for a complete and operable system.

1.4 SPECIFICATIONS AND DRAWINGS FOR CONTRACTOR

A. Detailed Drawings and Specifications have been attached to this solicitation.

1.5 CONSTRUCTION SECURITY REQUIREMENTS

A. Security Plan:

1. The security plan defines both physical and administrative security procedures that will remain effective for the entire duration of the project.

2. The General Contractor is responsible for assuring that all sub-contractors working on the project and their employees also comply with these regulations.

B. Security Procedures:

1. General Contractor’s employees shall not enter the project site without appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the project site.

Page 1 of Page 1 of

SECTION 01 32 00 CONSTRUCTION DOCUMENTATION

PART 1- GENERAL

1.1 DESCRIPTION:

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

1.2 REQUIREMENTS:

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

‑ ‑ ‑ E N D ‑ ‑ ‑

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

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

EVALUATION CRITERIA

Proposals will be evaluated in accordance with the Evaluation Factors identified below. Technical Capability and Past Performance are equally important. Schedule is less important than Factor one (1) and two (2) but more important than 5 and when combined are more important than Price. Evaluation factor 4 shall be evaluated on a pass/fail basis and a pass is required for a technically acceptable rating.

a) Evaluation Factor 1: Technical Capability – Most important and equal to Evaluation Factor 2.

b) Evaluation Factor 2: Past Performance on Similar Projects – Most important and equal to Evaluation Factor 1.

c) Evaluation Factor 3: Schedule – Less important than Evaluation Factors 1 and 2 but more important than 5.

d) Evaluation Factor 4: Integrated infrastructure and ceiling support(airframe) system – Evaluated on an acceptable/unacceptable basis only, an acceptable rating is required for an offer to be considered Technically acceptable

e) Evaluation Factor 5: Price – Less important than Evaluation Factors 1, 2 and 3, but still a significant factor.

As demonstrated in their proposals, offerors will be evaluated in terms of the offeror’s ability to meet or exceed the project’s requirements as identified in the SOW, and those proposals demonstrating an ability to exceed specified requirements may be rated higher in those areas than proposals demonstrating only the ability to meet requirements. Offerors are reminded to include their best technical and price terms in their initial offer and not assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer.

The Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions, if deemed to be in the best interest of the Government.

Volume I - Technical Proposal Section 1 Technical Capability Section 2 Past Performance Section 3 Schedule Section 4 Integrated infrastructure and ceiling support(airframe) system

Volume II - Price Proposal Section 4 Standard Form 1442 Proposal Pricing Page Additional submissions such as Certs and Reps and Bonding

Evaluation Factor 1 – Volume I – Technical Capability Offerors shall submit a clear and concise narrative not to exceed 25 pages (front and back side use of a single page will count as 2 pages). This page limit excludes the Organizational Chart (with brief relevant details of individuals’ experiences/qualifications), Tentative Schedule, Quality Control Plan synopsis. Company advertising literature shall not be included. The narrative shall address the three (3) sub-factors detailed herein. The subfactors, listed under Evaluation Factor 1, are of equal importance. An overall rating will be assigned at the Factor Level only based on all reviewers’ ratings. The Government will evaluate the offeror’s answers for information and completeness.

Sub-factor 1: Management Approach

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to successfully manage the project.

1. Offerors shall identify key personnel proposed for the project and their documented experience on successful completion of other similar projects.

2. Provide a narrative on the technical approach, methods and procedures that you intend to use to accomplish the requirements of this project. Offeror shall include a Sub-Contracting plan for this factor. The subcontracting plan shall include information on the electrical, HVAC, medical gas installer, plumbing and asbestos abatement sub-contractors to be used. Information on the electrical, HVAC, medical gas installer and plumbing subcontractors shall include experience working on similar projects emphasizing their ability to work in tight spaces coordinating their work with other subcontractors working in the same space. Contractor must clearly explain their approach to being proactive in ensuring that all contract requirements, project milestones, and work task are completed efficiently and to required quality standards..

Sub-Factor 2: Experience

The offeror shall discuss their technical expertise and experience with renovating or constructing operating rooms, Vascular Interventional Radiology procedure rooms, and Angiography Rooms with invasive procedures, laminar flow ceiling assemblies loaded with booms and other surgical devices mounted in ceiling.

In addition: The offeror shall discuss their technical expertise and experience successfully performing construction work in a fully active hospital environment and involve a multi-phased approach. Expertise in quality control, successful implementation of a construction phasing schedule, experience in coordinating multiple discipline subcontractors working day, evening and overnight shifts concurrently, all while maintaining without interruption hospital department operations. New construction or outpatient type buildings shall not be accepted as relevant experience.

Shall demonstrate completion of three or more projects within the last ten (10) years similar in scope, magnitude (over $5M) and complexity to the scope of this project. The narrative shall include project scope, initial award amount, description of work self-performed by the Prime Contractor, related client identification and contact information, project schedule and delivery/completion dates. Offeror shall also indicate for each project listed, whether or not any changes occurred, and whether these changes were the result of differing site condition, owner direction or change initiated by contractor.

The information provided should be for the offeror, not for proposed subcontractors.

Evaluation Factor 2 – Volume 1 – Contractor’s Past Performance Submission Requirements: Contractor Past Performance – Project Recency and Relevancy.

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s technical expertise to determine acceptability. The past performance section shall not exceed four (4) pages and shall be rated based on recent and relevant project submittals.

To be evaluated favorably the offeror must provide details of three (3) previous similar contracts within the past five (5) years including:

1) Project description, at a minimum, the description should include scope, size and dollar value of the project and can include photographs, to determine recent and relevant past performance.

2) Show the participation of key personnel (identified previously with resume) in the listed projects. The offeror can also include the subcontractors by company name. Including subcontractors may be beneficial to show the experience of the company in addition to the key personnel.

3) Include customer’s point of contact (name, title, phone number, and email). In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror’s Past Performance information and adverse Past Performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.

Evaluation Factor 3 – Volume I - Contractor’s Schedule

Submission Requirements: Contractor Schedule

The SSEB will evaluate the degree of presentation and understanding of the offeror’s proposed Schedule.

The progress schedule will be in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the tentative Notice to Proceed and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work including all phasing. All schedule items will show a start date and a completion date. The detailed schedule will indicate specific tasks with dates for each step of the process including, but not limited to:

Construction Period: Mobilization, temporary re-routed Medical Center vehicular and pedestrian routes, demolition, site utilities, excavation, shoring, pile foundation, drainage structures and piping, concrete, backfill, grading, structural steel, magnetic and radio frequency (RF) shielding, carpentry, mechanical/mechanical controls systems, electrical systems, plumbing, medical gases, fire protection, finishes, provisions for overtime or shift work, final inspection, punch list and demobilization.

General Project Delivery Schedule and Narrative: Show relationships between construction activities for method and sequencing of the tasks noted above (at a minimum).

The Offeror shall specify how much allowance has been made for bad weather in the schedule, the days of the week and the hours of construction operations during each sequence of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.

Short Schedules – The Offeror must provide for completion within the time frame (number of days after receipt of the Notice to Proceed). The maximum anticipated days of completion for this project is indicated on the Standard Form 1442 Construction, Offer and Award (Construction, Alteration or Repair). This duration shall establish the contract completion date. Short schedules will not be accepted. Critical path activity durations shall total the number of days indicated on Standard Form 1442.

Evaluation Factor 4 – Volume I - Integrated infrastructure and ceiling support(airframe) system The Offeror shall either provide documentation that they have chosen to include the airframe/medical boom assembly used as the basis of design stated in SECTION 01 00 00 GENERAL REQUIREMENTS, 1.7 OPERATIONS AND STORAGE AREAS (FAR 52.236-10), G. Phasing, 2. , Phase V: New MEP Construction, 2.-8. (pg. 8-12) or indicate that an alternative assembly is being proposed. If the Offeror proposes to use the equipment used in the basis of design, the Offeror shall provide a statement to that effect and documentation that they have coordinated with Stryker to procure and install said equipment (POC for Stryker is Sean Barry sean.barry@stryker.com). If the Offeror proposes to use equipment other than what has been used for the basis of design, the Offeror shall provide a list of proposed equipment and supporting documentation that the proposed equipment meets or exceeds all the specifications listed above. This factor shall only be evaluated on an acceptable/unacceptable basis.

The VA Source Selection Committee shall also use past performance information collected under FAR 42.15 and available through the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov.

Evaluation Criteria Contractor Past Performance – Project Recency and Relevancy.

The SSEB will evaluate the Project Recency and Relevancy based on the information provided by the contractor.

Evaluation Criteria Contractor Past Performance – Confidence The SSEB will evaluate the degree of successful completion of the recent and relevant past performance identified in the proposal in response to Volume I, Section 2, Past Performance, for the prime contractor past performance along with the designated team of subcontractors. Documentation of satisfactory performance of projects similar in size, scope, and dollar value will be considered to have met the minimum requirements of the RFP. Projects that are not determined similar in size, scope and dollar value may not be considered. Past performance will be evaluated in accordance with FAR 15.305(a)(2).

Evaluations may include past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major orcritical aspects of the requirement. Offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance and shall receive a neutral rating for Past Performance. Offerors may provide information on problems encountered on the identified contracts and the corrective action taken, if desired. This shall be rated based on the confidence portrayed for each of the projects submitted.

A neutral rating is given when no current and/or relevant performance record is identifiable upon which to base a meaningful performance risk prediction. Government Personnel were unable to identify any relevant Past Performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment and represents an unknown risk.

This information shall be submitted for this procurement using Exhibit C, Past Performance Questionnaire, transmitted via Exhibit B, Sample Transmittal Letter and past Performance Evaluation Questionnaire.

Evaluation Factor 4 – Volume I – Integrated infrastructure and ceiling support(airframe) system The Offeror shall either provide documentation that they have chosen to include the airframe/medical boom assembly used as the basis of design stated in SECTION 01 00 00 GENERAL REQUIREMENTS, 1.7 OPERATIONS AND STORAGE AREAS (FAR 52.236-10), G. Phasing: , 2. , Phase V: New MEP Construction, 2.-8. (pg. 8-12) or indicate that an alternative assembly is being proposed. If the Offeror proposes to use the equipment used in the basis of design, the Offeror shall provide a statement to that effect and documentation that they have coordinated with Stryker to procure and install said equipment (POC for Stryker is Sean Barry sean.barry@stryker.com). If the Offeror proposes to use equipment other than what has been used for the basis of design, the Offeror shall provide a list of proposed equipment and supporting documentation that the proposed equipment meets or exceeds all the specifications listed above. This factor shall only be evaluated on a acceptable/unacceptable basis.

Evaluation Factor 5 – Volume II - Price The offeror shall complete and submit Standard Form 1442. The offeror shall submit a price based on the line items. Itemized breakdown will be evaluated in its entirety for factor rating and acceptability. Note: If discussions or negotiations occur, the Government may require additional cost information.

Discounts: Prompt payment discounts will not be considered in the evaluation of offers.

In the event a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the “clarifications” process or the Contracting Officer determines discussions are required.

Additional Mandatory documents that must be included with each submission:

· FAR 52.225-2 Buy American Certificate.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (DEVIATION NOV 2025)

(a) Definitions. As used in this provision—

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

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

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

And

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

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

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

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

(End of Provision)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (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)

2.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE I (MAY 2014) AND ALTERNATE II (NOV 2023)

(a) Definitions. "Bahraini, Mexican, or Omani construction material," "commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11.

(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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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 construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.233-2 SERVICE OF PROTEST (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:

Michael Spivack Contracting Specialist Hand-Carried Address:

Mailing Address:

Michael.Spivack@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)

2.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

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

Marginalized populations of Sudan means—

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

(b) Procedures.

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

(2) FASCSA Orders.

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

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

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

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

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

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

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

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

(f) Iran Representation and Certifications.

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

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

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

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

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

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

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

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

(g) Disclosure.

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

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

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

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

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

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

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

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

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

(A) Brand;

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

(C) Item description, as applicable.

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

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

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

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

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

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

(End of Provision)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions…