36C24227R0010_1.docx

36C24227R0010 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 36C24227R0010 X 10-30-2026 620-27-1-2317-0004 620-26-206 36C242 Department of Veterans Affairs Network Contracting Office 2 Montrose VA Medical Center 2094 Albany Post Rd Montrose NY 10548 Department of Veterans Affairs Network Contracting Office 2 Montrose VA Medical Center 2094 Albany Post Rd Montrose NY 10548 Saco Mizhquiri, Delfo Daniel.Barone@va.gov The Contractor shall furnish all materials, supplies, equipment, personnel and supervision required to perform Asbestos Abatement at Montrose VA Medical Center, New York.

Completion Time: 365 Calendar days after receiving notice toproceed

(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 562910 - Business Size is $25 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 7:00 AM to 4:00 PM Eastern Time except as noted in the general conditions, Statement of Work (SOW), and as approved by Contracting Officer. Work shall comply with VA Specifications & regulations, all applicable Federal, State and local codes, including specific regulations related to working at the Montrose VA Medical Center.

A Site Visit is scheduled for Thursday, November 5, at 10:00 AM E.T. Contractors shall meet at Montrose VAMC, 2094 Albany Post Rd, Building 16, Safety Department, Montrose, NY 10548.

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 (RFIs) must be submitted in writing to Contracting Officer Daniel Barone at Daniel.Barone@va.gov. Questions must be received no later than November 9, 2026, 1:00 PM E.T.

Please submit your cost proposal via email to Daniel Baroneat Daniel.Barone@va.gov no later than November 13, by 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 10-11 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

EST

11-13-2026 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

620-3670162-2317-854200-3223 23NRNR000

36C242 Department of Veterans Affairs Montrose VA Medical Center Network Contracting Office 2 2094 Albany Post Rd Montrose NY 10548 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Daniel Barone Contracting Officer

Table of Contents

A.3 STATEMENT OF WORK

PROJECT 620-26-206 - Asbestos Abatement in BUILDINGS 3PT/SLEEP STUDY VA Hudson Valley Montrose VA Medical Center Background The Department of Veterans Affairs (VA), Hudson Valley Healthcare System, Montrose Campus, has a requirement for asbestos abatement in the Building 3 Physical Therapy/Sleep Study area. The project involves the removal and proper disposal of friable and non-friable asbestos-containing materials within an approximately 2,300-square-foot area, including approximately 100 square feet of radiator heat shielding. The purpose of this requirement is to address asbestos-containing materials and ensure the affected area is properly abated in accordance with applicable safety and environmental regulations.

Objectives:

The objective of this acquisition is to complete the abatement in accordance with the design documents included in this procurement.

Period of Performance:

The period of performance for Abatement shall be 365 days from Notice to Proceed (NTP).

Place of Performance / Place of Delivery:

The place of performance for this contract is the care facility located at VA Hudson Valley Healthcare System, Montrose Campus, 2094 Albany Post Rd, Montrose, NY 10548.

Scope or Tasks:

The Contractor shall provide all professional services necessary for the completion of the following work of asbestos abatement within the area shown on the drawing.

Contractor shall furnish all material and labor for removal and disposal of hazardous materials, modifying site utilities, complete demolition and removal of ACM in Building 3, 3PT area, existing site structures and site restoration as required by drawings and specifications. Work shall also comply with VA Specifications and Regulations, specific regulations related to working at the VA Hudson Valley Health Care System, Montrose, New York as defined in the General Requirements Section of the contract, and all applicable Federal, State and local codes. Contractor shall be responsible for completing the work within the contractual period of performance, and typically within the work hours as defined in the contract. The contractor shall anticipate performing some of this work during non-peak hours, such as weekends or evenings, to accommodate the building occupants.

Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI):

None Security Requirements:

Contractor employees and subcontractors will be required to secure facility ID badges from VA Police Department.

Safety Codes / Certification / Licensing:

The Abatement firm shall comply with all codes as described above, as well as codes customarily applied in VA construction jobs such as NFPA, OSHA, VA Design Guides and Manuals, etc. Labs used by the contractor shall be licensed as required by any applicable governing agencies, and their certifications and licenses shall be included in the engineering reports. This is to be performed by a Certified Industrial Hygienist.

Travel:

No travel for government employees because of this project is anticipated. Employees of contractor will be required to travel from their place of business to the place of performance indicated above for the purposes of field investigations, pre-construction meetings, interim and final inspections, and closeout documentation preparation.

Special Material Requirements: No special materials are anticipated for this contract.

Any Other Requirements Unique to the Solicitation:

· Contractor shall meet, review and comply to the Hazardous Evaluation Form (SOP 138-022), Section A and C and other SOP(s) of the facility

· The Abatement firm will provide notification to the NYS DOL.

· The project is rated a Categorical Exclusion under NEPA.

· The contractor will inherently require specialized containment, HEPA filtration/vacuum equipment, respiratory/PPE provisions, waste packaging/labeling, and decontamination materials.

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

· Infection Control: The construction shall clearly define and meet "Infection Control Barrier" criteria. The construction shall address; the impact of demolition, renovation including walls and ceiling, electrical, mechanical, equipment and equipment support installation, and new construction.

· HIPAA: the design shall accommodate compliance with current HIPAA requirements.

· Maintain free and unobstructed egress shall be maintained during all phases.

AutoDesk Build Requirements:

A. Construction contractor firm, 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.

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

1. Request access to ACC platform and ProductivityNOW eLearning Site to project VA COR NLT 14 days from contract award.

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

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

· Full Name

· Company Name

· Email Address

· Role/Position on the project (i.e., Project manager, site super)

4. Upon granting access, staff shall complete required ACC training through ProductivityNOW platform within 12 Calendar days.

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

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

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

E. The contractor shall only use the ACC platform for contract required submissions, official project correspondence to be acknowledged, reviewed, and actioned by the responsible party. No additional time shall be added to the contract, nor an increase in contract amount be provided for the contractor’s failure to utilize the ACC platform as the project’s official communication and collaboration system. Any correspondence out of platform shall not be the governing authority contradicting direction and will be at the contractor’s expense. Official project correspondence and collaboration includes but not limited to: RFIs, submittals, schedules, shutdown requests, actionable tasks, reports, testing, safety inspections, photos, and site surveys.

F. Contractor must inform the COR of any staff changes NLT 2 business days from the change. Staff changes pertains to staff who was granted access to the ACC platform. Contractor shall request termination of access, replacement of personnel and/or any other action that might impact the contractor ability to maintain required utilization of the platform.

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

NARA Records Management Requirements:

The following standard Items relate to records generated in executing this contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21, 29, 31and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use,

3. dispose of, or disclose such data contained therein as it determines to be in the public interest.

4. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

5. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

6. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

7. The Government Agency owns the rights to all data/records produced as part of this contract.

8. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver enough technical documentation with all data deliverables to permit the agency to use the data.

9. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

10. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

36C24227R0010

11. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

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 36C24226R0128. 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 620-26-206 to perform Asbestos Abatement in Building 3PT/Sleep Study at Montrose 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), Specifications, and Drawings. The Offeror shall address the following elements:

a. Relevant Experience: The Offeror shall demonstrate experience performing asbestos abatement projects similar in nature, scope, and complexity to the requirements outlined in the Statement of Work (SOW), preferably in occupied healthcare facilities or comparable environments. The Offeror shall provide a brief description of at least two (2) similar projects completed within the past five (5) years, including the project description, approximate contract value, completion date, and types of asbestos-containing materials (ACM) removed.

b. Technical Approach: The Offeror shall provide a brief narrative describing its proposed approach to accomplishing the requirements of the SOW, including asbestos containment, removal and disposal of ACM, infection-control measures, protection of building occupants, and site restoration. The narrative shall also address coordination with VA personnel, compliance with applicable safety and regulatory requirements, and the ability to accommodate evening or weekend work as necessary. The technical approach shall demonstrate the Offeror's understanding of the work and ability to complete the project safely and effectively.

c. Personnel Qualifications and Licensing: Demonstrate possession of applicable New York State asbestos-abatement licenses and certifications. Identify key personnel, including the project supervisor, and describe their relevant qualifications and experience.

(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.

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 52.240-90 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)

2.8 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)

2.9 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

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 an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation…