36C24226R0111 Attachments

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (

Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

1 of 36C24226R0111 X 08-18-2026 528-27-1-7192-0001 528A7-25-502 36C242 Department of Veterans Affairs Network Contracting Office 2 Syracuse VA Medical Center 800 Irving Avenue Syracuse NY 13210-2716 Department of Veterans Affairs Network Contracting Office 2 Syracuse VA Medical Center 800 Irving Avenue Syracuse NY 13210-2716 Saco Mizhquiri, Delfo Delfo.Saco-mizhquiri@va.gov The Contractor shall furnish all materials, supplies, equipment, personnel and supervision required to provide Parking Lot 1 Drainage, Lighting, and Parking Lot Improvements at Syracuse VA Medical Center, New York.

Completion Time: 120 Calendar days after receiving notice to proceed (NTP).

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

In order to be eligible for award, the Contractor must be registered in SAM (www.sam.gov) with a Unique Entity Identifier and verified/certified in the Small Business Search, https://search.certifications.sba.gov/, at the time of bid/offer submission and before award of this procurement. Offerors must submit their annual Vets4212 Report. The North American Industry Classification System Code (NAICS) is 237990 - Business Size is $45 Million.

Magnitude of Construction: Between $100,000 and $250,000.

Contractor is responsible for the coordination and scheduling work and shall be expected to plan work typically during duty hours of 8:00 AM to 4:30 PM Eastern Time except as noted in the general conditions and as approved by Contracting Officer. Work shall comply with VA Specifications and regulations, all applicable Federal, State and Local codes, including specific regulations related to working at the Syracuse VA Medical Center.

A Site Visit is scheduled for Tuesday, August 25, 2026, 10:00AM. Prospective offerors shall meet at the front entrance of the Syracuse VA Medical Center, 800 Irving Avenue, Syracuse, NY 13210 NOTE: NO OTHER SITE VISITS WILL BE ALLOWED. INTERESTED BIDDERS ARE STRONGLY ENCOURAGE TO ATTEND.

To preserve the integrity of the procurement process, all questions and request for information (FRIs) must be submitted in writing to Contract Specialist Delfo Saco Mizhquiri at Delfo.Saco-mizhquiri@va.gov.

Questions must be received no later than August 26, 2026, 1:00 PM Eastern Standard Time.

Please submit your cost proposal via email to Delfo Saco Mizhquiri at Delfo.Saco-mizhquiri@va.gov no later than September 4, by 1:00 PM Eastern Standard Time. Please include a cost breakdown of your firm's proposal.

EVALUATION OF OFFERS AND BASIS FOR AWARD: The Government will evaluate offers using comparative evaluations process per FAR Overhaul 12.203(c)(2) and award a single contract from this solicitation. Evaluations of Offers and Basis for Award will be in accordance with FAR Overhaul 12.204 with appropriate considerations given to the following evaluation Factors

(1) Technical, (2) Past Performance, and (3) Price. See pages 11-12 for evaluation factors details.

VAAR 852.219-75 Limitations on Subcontracting and FAR 52.225-2 Buy American are separate requirements and are attached to this solicitation. The signed certificates must be received with the proposal.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICITATION AMENDMENTS.

X X 52.211-10 X one (1)

1:00 PM

EDT

09-04-2026 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

36C242 Department of Veterans Affairs Syracuse VA Medical Center Network Contracting Office 2 800 Irving Avenue Syracuse NY 10468-3904 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Table of Contents

A.3 STATEMENT OF WORK (SOW)

Project Name: Replace Trench Drains Project No: 528A7-25-502 Project Address: 800 Irving Avenue, Syracuse, NY 13210 Overview:

The Veterans Administration Medical Center Syracuse, New York has a need to replace the Trench Drain and install a Solar Area Security Light at Lot 1 and replace the Trench Drain at Building 16. The Lot 1 Trench's deteriorated condition has restricted access to south parking spots and currently relies on steel plates to cover holes, which hinders snowplowing and has led to numerous complaints from the Syracuse VA Police Department. The Solar Area Security Light will provide needed lighting for VA security and transportation personnel, vendors, and hospital employees. Similarly, the Building 16 Drain Trench's severely cracked concrete poses snowplowing issues and safety concerns. Immediate repairs are essential to ensure safety and operational efficiency before winter.

CLIN 01: Replace Lot 1 Trench Drain and Sump Box Provide and install all labor and materials to replace 54 LF of in ground Trench Drain. Contractor is responsible for all barricades and protection of new concrete during the curing period. Supply and install but not limited to the following.

a. Block off and barricade area north of existing drain including two parking spots to serve as contractor parking and or laydown area.

b. Saw cut 3’ x 60’ concrete perimeter of existing trench

c. Remove concrete, trench, and piping connections at west end of trench, and all debris from area. All materials and debris to be properly disposed of daily. No material to be left of site.

d. Drill and dowel entire perimeter every 24” on center. Drill minimum of 4” into existing concrete. New dowels are to protrude a minimum of 4” out from edge. Use #4 Re-Rod. Minimum of 20 dowels per side. Epoxy dowels into or under existing asphalt slab.

e. Install #4 Re-Rod as per drawing details

f. Install new trench drain and sump box at -1/2" invert from the level of the asphalt pavement in accordance with the manufacturer's installation instructions. Starting invert elevation shall be -6" and shall be field verified prior to ordering trench components. Basis of Design: ACO Drain PowerDrain S100K system, or approved equal meeting the salient characteristics identified in the contract drawings, specifications, and manufacturer's specification sheets

g. Contractor to rework existing underground drain piping and tie it into the new Trench. This requires Field Verification prior to ordering the Trench to assure proper starting invert elevation.

h. Install machine mixed 4000 psi Concrete with a slump of 4” around the Trench. Lightly vibrate concrete into opening. Screed, trowel, and provide broom finish to match existing concrete pavement.

i. Seal Concrete with water based sealer and provide burlap curing mats for 14 days after concrete pouring.

j. Provide ½” thick steel road plate for entire length of trench and sump for 28 days. Contractor to remove plate after 28 days.

k. After Curing period is complete, seal with an approved polymer crack and joint sealer all saw cuts and joints.

The current condition of the Lot 1 Trench has deteriorated to the point where access to the south parking spots has become restricted. Currently there are (3) three large 1/2” thick steel plate covering holes to prevent vehicles from creating further damage.

This Trench is located in Lot 1 of the DAV/Police Parking Lot. of the Medical Facility where numerous vehicles come and go daily. Prior to Winter, this area needs to be repaired to facilitate snow plowing. Snowplows will not be able to plow this area with the steel plates in the roadway.

CLIN 02: Install Pole and Solar Security Area Light at Lot 1 Provide and install one (1) off‑grid solar light pole system at the Syracuse VA Medical Center Lot 1. Work includes excavation, reinforced concrete foundation installation, anchor bolt placement, pole erection, solar system installation, and commissioning.

The contractor shall install one 25-foot pole with a 4-foot arm and anchor-base type, supporting an off-grid solar lighting system as specified in the project documentation.

System specifications from the manufacturer include:

· 25’ pole / 4’ arm / anchor base (powder‑coated) 1

· 30 W nominal LED, 4000K lighting unit 1

· 310 Wp photovoltaic module, 45° tilt angle 1

· 1248 Wh NiMH integrated battery system 1

· Designed for all-night lighting profile, azimuth 0 degrees (true south) with no shading per photometric study requirements. 1 Contractor Responsibilities

· Provide all labor, equipment, tools, and consumables.

· Perform site verification and layout of the installation location.

· Complete excavation, reinforcement installation, formwork as necessary, and concrete placement for a 5’ deep × 24” diameter reinforced concrete foundation.

· Install manufacturer-specified anchor bolt cage.

· Offload, assemble, and erect the pole and complete solar lighting system.

· Ensure PV panel tilt at 45° and oriented per the project requirement. 1

· Comply with all VA safety, OSHA, and local codes.

· Maintain clean and organized work site; dispose of debris.

CLIN 03: Replace Building 16 Trench Drain Contractor Responsibilities: Provide and install all labor and materials to replace 14 LF of in ground Trench Drain. Contractor is responsible for all barricades and protection of new concrete during the curing period. Supply and Install but not limited to the following.

a. Block off and barricade area east of existing drain.

b. Saw cut 2’ x 14’ concrete perimeter of existing trench

c. Remove concrete, trench, and piping connections at the south end of trench, and all debris from area. All materials and debris to be properly disposed of daily. No material to be left of site.

d. Drill and dowel entire perimeter every 12”R” on center. Drill minimum of 4” into existing concrete. New dowels are to protrude a minimum of 4” out from edge. Use #4 Re-Rod. Minimum of 8 dowels per side. Epoxy dowels into or under existing asphalt slab.

e. Install #4 Re-Rod as per drawing details

f. Install new trench drain at -3/4" invert from the level of the asphalt pavement in accordance with the manufacturer's installation instructions. Starting invert elevation shall be -6" and shall be field verified prior to ordering trench components. Basis of Design: ACO Drain PowerDrain S200K system or approved equal meeting the salient characteristics identified in the contract drawings, specifications, and manufacturer's specification sheets.

g. Contractor to rework existing underground drain piping and tie it into the new Trench. This requires Field Verification prior to ordering the Trench to assure proper starting invert elevation

h. Install machine mixed 4000 psi Concrete with a slump of 4” around the Trench. Lightly vibrate concrete into opening. Screed, trowel, and provide broom finish to match existing concrete pavement.

i. Seal Concrete with water-based sealer and provide burlap curing mats for 14 days after concrete pouring.

j. Provide ½” thick steel road plate for entire length of trench and sump for 28 days. Contractor to remove plate after 28 days.

k. After Curing period is complete, seal with an approved polymer crack and joint sealer all saw cuts and joints.

The current condition of the Building 16 Drain Trench has deteriorated to the point where the concrete is severely cracked and creates problems during snowplowing.

CLIN 04: Seal and Stripe Asphalt Parking Area Lot 1 Contractor Responsibilities: Provide all material and labor for cleaning, crack sealing, seal coating, and striping an asphalt parking lot with an area of 8,434 square feet and 21 parking spaces at Lot 1 at VAMC Syracuse.

a. Thoroughly clean the entire surface area of the asphalt parking lot to remove all debris, dirt, oil, and other contaminants.

b. Seal all visible cracks in the asphalt pavement to prevent water infiltration and further deterioration of the pavement.

c. Apply an asphalt-based seal coat to the entire surface area of 8,434 square feet to protect against weathering, oxidation, and damage from traffic.

d. Stripe the parking lot to clearly mark 21 parking spaces, including handicap spaces and any other required markings.

CLIN 05: Install Gate Arm Lot 1 Contractor Responsibilities: Provide all material and labor for cleaning, crack sealing, seal coating, and striping an asphalt parking lot with an area of 8,434 square feet and 21 parking spaces at Lot 1 at VAMC Syracuse.

a. Provide all labor, equipment, tools, and consumables.

b. Lot 1 gate arm is government furnished equipment / contractor installed.

c. Perform site verification and layout of the installation location.

d. Install per manufacturer-specified anchor bolt.

e. Install new conduit, power and control wires.

f. Install new controls in locations specified as shown on drawing CU-101.

g. Install new circuit breaker into panel EEQ1C-D #40.

Existing Utilities and Utility Information:

Existing utility information, record drawings, and available as-built drawings will be made available to the Contractor for informational purposes only. The Government does not warrant the accuracy or completeness of such information. The Contractor shall verify existing field conditions prior to excavation and shall be responsible for contacting the appropriate utility locating service (e.g., 811) and identifying all underground utilities before commencing excavation. Any discrepancies between the record information and field conditions shall be immediately reported to the Contracting Officer's Representative (COR) before proceeding with work.

Period of Performance: The duration of this project is 30 days for submittals, and 90 days for construction for a total Period of Performance of 120 calendar days.

Work Hours: The Contractor shall perform all work during normal business hours (8:00 am to 4:30 pm) Monday through Friday, Saturday and Sunday (excluding the following Federal holidays - New Year’s Day, Inauguration Day, Martin Luther King Jr. day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day. The Contractor shall not commence work outside normal business hours without prior COR and/or Contracting Officer written approval, requested at least one week in advance, at no additional expense to the Government. The COR will coordinate with the VAMC staff on any special hours or phasing necessary to complete the project.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of Request for Proposal, drawings, specifications and contract forms will be available in the Contract Opportunities section on https://www.sam.gov in electronic format only by searching for solicitation number 36C24226R0111. All interested parties (subs & primes) should register at https://www.sam.gov as an “Interested Vendor” so that others will know of our interest in participating in this procurement. An offeror’s mailing list WILL NOT BE prepared by the Contract Specialist. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at https://www.sam.gov. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of proposals. Copies of signed amendment cover pages must be submitted with the proposals.

(b) If the Offeror's proposed price exceeds $150,000, a bid guarantee must be submitted. A bid guarantee is required in an amount not less than 20 percent of the proposed price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form (on Standard Form (SF) 24) and amount, by the date and time specified for receipt of proposals, will require rejection of the offer in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. Affidavit of Individual Sureties shall be submitted on SF 28.

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

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

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

DESCRIPTION OF WORK: GENERAL CONSTRUCTION: The Contractor shall furnish labor, materials, equipment, tools, and supervision to accomplish the work as described in the contract documents for project number 528A7-25-502 for Replace Trench Drains at Syracuse VA Medical Center in accordance with the statement of work (SOW), specifications, and drawings.

Cost Range: $100,000 and $250,000

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 EVALUATION AND BASIS FOR AWARD

Basis for Award: The Government will issue a contract to the responsible offeror whose offer conforms to the solicitation and will be most advantageous to the Government, price and other factors considered.

Evaluation Approach is Comparative Evaluation. The Government will evaluate proposals using the comparative evaluation process outlined in FAR Overhaul 12.203(c)(2), where proposals will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a proposal other than the lowest price that provides additional benefit(s). Proposals may exceed minimum requirements of the solicitation. The Government reserves the right to select a proposal that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate offers.

Evaluation Factors:

The evaluation will consider the following:

(1) Factor - Technical Capability: The Government will evaluate the Offeror's demonstrated technical capability to successfully perform the work described in the Statement of Work (SOW). Offerors shall provide:

a. A brief description of at least two (2) projects of similar size, scope, and complexity completed within the past five (5) years. Similar projects include, but are not limited to, trench drain replacement, drainage improvements, site concrete work, asphalt pavement restoration, parking lot improvements, or other comparable civil/site construction projects.

b. A brief description of the personnel, equipment, and resources available to perform the required work, including the Offeror's capability to perform excavation, concrete work, asphalt restoration, installation of the solar lighting system, traffic control, and project coordination.

(2) Factor 2 – Past Performance: The Government will evaluate the Offeror's record of recent and relevant past performance to assess the likelihood of successful contract performance. Offerors shall provide:

a. Information for at least two (2) projects completed within the past five (5) years that are similar in size, scope, and complexity to this requirement. For each project, provide:

· Project title and location.

· Customer name and point of contact (name, title, telephone number, and email address).

· Contract number (if applicable).

· Contract value.

· Period of performance.

· A brief description of the work performed.

b. The Government may consider information obtained from the references provided, Contractor Performance Assessment Reporting System (CPARS), or other sources available to the Government when evaluating past performance.

If an Offeror does not have a record of recent and relevant past performance, the Offeror will not be evaluated favorably or unfavorably. The Government will consider the absence of past performance as neutral.

(3) Factor 3 - Price: include itemized breakdown of labor, material, and equipment costs.

Price Structure:

0. CLIN 01 Replace Lot 1 Trench Drain and Catch Basin

0. General Conditions

0. Concrete

0. Earthwork / Excavation

0. Trench Drain Assembly and drain line Construction / Installation

0. Catch Basin Assembly and drain line Construction / Installation

0. CLIN 01 Install Pole and Solar Security Area Light at Lot 1

1. Excavation

1. Concrete / Anchor bolts

1. Electrical

1. Solar Light Pole Assembly.

0. CLIN 03 Replace Building 16 Trench Drain

2. General Conditions

2. Concrete

2. Earthwork / Excavation

2. Trench Drain Assembly and drain line Construction / Installation

2. Catch Basin Assembly and drain line Construction / Installation

0. CLIN 04 Sealing and Striping

3. Cleaning and Sealing

3. Striping / Painting

0. CLIN 05 Install Gate Arm at Lot 1

4. Electrical / Comm Cable Runs

4. Gate Arm Installation Proposals providing less than 120 Calendar Days of Government Acceptance after the date proposals are due will not be considered and will be rejected.

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million, 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)

2.6 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)

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

REPRESENTATIONS AND CERTIFICATIONS

3.1 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)

GENERAL CONDITIONS

4.1 52.212-4 TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

As prescribed in 12.205(b)(3), insert the following clause:

Terms and Conditions—Commercial Products and Commercial Services (Deviation Date)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. See 52.246-12.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. See 52.243-4 or 52.243-5, whichever is inserted in this contract.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. See paragraph (m)

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if…