36C24227R0012_1.docx

36C24227R0012 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 36C24227R0012 X 10-30-2026 620-27-1-527-0001 N/A 36C242 Department of Veterans Affairs Network Contracting Office 2 Montrose VA Medical Center 2094 Albany Post Rd Montrose NY 10458 Department of Veterans Affairs Network Contracting Office 2 Montrose VA Medical Center 2094 Albany Post Rd Montrose NY 10458 Saco-Mizhquiri, Delfo Delfo.Saco-mizhquiri@va.gov The Contractor shall furnish all materials, supplies, equipment, personnel and supervision required to perform Manhole repairs at Montrose VA Medical Center, New York.

Completion Time: 99 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 238110 - Business Size is $19 Million.

Magnitude of Construction: Between $25,000 and $100,000.

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 Friday, November 6, 2026 at 11:00 AM E.T. Contractors shall meet at Montrose VA Medical Center, 2094 Albany Post Rd, Building B16, Conference Room, Montrose, NY 10458.

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 Monday November 9, 2026, 1:00 PM E.T.

Please submit your cost proposal via email to Daniel Barone at Daniel.Barone@va.gov no later than Thursday, November 12, 2026 by 1:00 PM E.T. 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 8-9 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

11-12-2026 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

620-3670162-527-854100-2660 0100501X2 36C242 Department of Veterans Affairs Montrose VA Medical Center Network Contracting Office 2 2094 Albany Post Rd Montrose NY 10458 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Daniel Barone Contracting Officer

Table of Contents

A.3 STATEMENT OF WORK

MANHOLE REPAIRS AT MONTROSE VA MEDICAL CENTER, NY

BACKGROUND:

There are 2 existing manholes located at one of the entrance lanes to the facility at the Montrose campus. These manholes currently provide underground utilities to the campus. Further investigation revealed that the power cables in one of the manholes was found to be deenergized and the other manhole houses the data/communication cables. The conditions of both manholes have deteriorated to the extent that the surrounding structure has been badly damaged, the rebars are exposed creating holes around the manhole cover. These failures can cause accidents, traffic disruptions resulting in significant damage and costs. Currently, that lane has been barricaded and covered with steel plates for safety. This project will rehabilitate the surrounding manhole structure and provide a seal tight around the manhole cover to prevent any infiltration of water.

SCOPE OF WORK:

The Contractor shall provide new materials, labor and equipment required for manhole rehabilitation, eliminating infiltration, providing corrosion protection, adjusting final grade of manhole top, and restoration of the structural integrity of the manhole.

The contractor shall have experience of minimum five (5) projects that are similar to the work stated in this document and shall provide written references on the customer’s letterhead with the relevant contact information.

Pumping out the water from the manholes, cleaning the bottom of the manhole vaults and traffic control shall be included. A small pit around the manhole cover will need to be excavated to rebuild/adjust the frame and ensure a permanent leak-proof seal with the surrounding asphalt.

Photos of existing condition and location are attached. Work includes but is not limited to the following:

· Prepare the area: Remove loose gravel and debris from the void. Use a stiff wire brush to clean the surfaces.

· The existing concrete lid/frame shall be completely demolished with a new concrete lid/frame.

· Saw cut about 12-24” (based on the hole size) around the manhole cover- then with a drill bit, drill to the bottom of the slab. then pin the existing slab

· Apply bonding agent: Apply a concrete bonding adhesive to the old concrete to ensure the new patch sticks.

· Use rebar to pin to existing structure. Rebar shall meet existing diameter.

· Mix concrete: Use a rapid-set, high-strength mortar or concrete patch kit.

· Apply and pack: Force the concrete mixture into the void, packing it tightly against the manhole frame.

· Finish surface: Use a trowel to smooth the patch to be flush with the surrounding concrete and the manhole cover.

· Cure: Mist with water to prevent the patch from drying too quickly and cracking, allowing it to cure before heavy traffic.

· Provide asphalt coating to protect the new concrete surface.

GENERAL:

a. Do not use or retain contaminated, outdated, or diluted materials for resurfacing. Do not use materials from previously opened containers.

b. Use only products of the approved Manufacturer. Use products of one manufacturer in any one resurfacing system with compatible materials. Provide same material product for touch-up as for original material.

c. Make available all locations and phases of the work for access by the VA COR or other personnel designated by VA COR. The Contractor shall provide ventilation and egress to safely access the work areas for inspection.

d. Conduct work so that the resurfacing system is installed according to manufacturer’s recommendation.

e. The Contractor shall inform the VA COR of the progress and the quality of the work through daily logs, manhole existing conditions, rehabilitation work required, surface preparation, environmental conditions, lining application, quality control, and testing. Any nonconforming coating system work shall be corrected as recommended by the Manufacturer.

f. Job site environmental conditions such as air and surface temperatures, relative humidity, precipitation, wind, etc. shall be controlled and maintained by the Contractor in accordance with the Manufacturer’s instructions.

SUBMITTALS:

a. Manhole rehabilitation system manufacturer’s literature (cut sheets) describing the rehabilitation system and equipment components, material/chemical properties, MSDS sheets and environmental requirements for application and worker safety requirements. Provide samples of testing, certification and warranty statements.

b. References of projects successfully completed, incorporating not less than 50 manholes in total which were successfully performed within the last 10 years. Each reference shall include the name of the agency, the name of the project, the date of the project, and an agency contact.

c. Written certification by the manhole rehabilitation system manufacturer stating the installation Contractor is approved to install the rehabilitation system specified.

d. Written certification from the product manufacturer that each of the proposed rehabilitation products is compatible with each other.

e. Manufacturer’s written recommendations for product handling and storage requirements including temperature, humidity, and ventilation for resurfacing system materials.

f. Traffic Control shall be the responsibility of the Contractor. Any necessary lane closures shall require a permit from the VA AHJ Copies of the permits shall be submitted to the VA COR prior to commencing Work.

g. Submit with each manhole the following;

1. Description, layout, and application sequencing plan.

2. Rehabilitation system application requirements including material handling and storage requirements, mixing and proportioning requirements, curing, testing and certification requirements of all rehabilitation materials. Product Material Safety Data Sheets.

3. Confined Space Entry Plan/Permit.

4. Plan for capturing extraneous debris during rehabilitation processes and debris disposal.

MATERIALS:

Contractor shall comply with all manufacturers’ recommendations for the approved products. Requests for approval shall include all the following information:

a. A cover sheet stating the name of the proposed product and the name of the currently specified product (with applicable specification section number) which the proposed product is requesting to be approved as an “or-equal.”

b. A letter from the Installer stating that the proposed product follows all aspects of the specifications including all physical properties, thickness, dimensions, cure-times, and warranty requirements.

c. A letter from the Manufacturer stating that the proposed product follows all aspects of the specifications including all physical properties, thickness, dimensions, cure-times, and warranty requirements.

d. Affidavits signed by both an Officer of the Manufacturer and the Installer declaring that all of the information submitted is true and that the proposed product is not currently involved in any unsettled disputes over patent infringement.

e. Product(s) seeking an “or-equal” approval that have not previously performed work with the Owner shall perform a demonstration of their product within the Owner's collection system at no cost to the VA.

EQUIPMENT: Contractor shall utilize equipment approved by the material supplier for the specific application. Hard to reach areas, primer application and touch-up may be performed using hand tools as approved by the manufacturer. Contractor shall be trained by, or have their training approved and certified by the coating product manufacturer for the handling, mixing, application and inspection of the coating product(s) to be used as specified herein.

TESTING:

After completion of work, the Contractor shall conduct the following tests on the manholes:

a. Vacuum Test: Manhole shall be vacuum tested.

b. Visual Inspection: The VA COR and Contractor shall make a final visual inspection. Any deficiencies in the finished system shall be marked and repaired.

PERIOD OF PERFORMANCE:

The Construction contract completion time shall be no more than 60 calendar days from Notice to Proceed (NTP) which includes 10 days for contractor closeout.

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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 36C24227R0012. 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 “Manhole Repairs” at Montrose VA Medical Center in accordance with the statement of work (SOW), specifications, and drawings.

Cost Range: $25,000 and $100,000

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:

Factor 1 – 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 construction work similar in nature to the requirements outlined in the Statement of Work (SOW), such as manhole rehabilitation, concrete structural repairs, or underground utility structure repairs. The Offeror shall provide a brief description of at least one (1) similar project completed within the past five (5) years, including the project description, approximate contract value, and completion date.

b. Technical Approach: The Offeror shall provide a brief narrative describing its proposed approach to accomplishing the requirements of the SOW, including concrete rehabilitation, waterproofing, protection of existing utilities, and restoration of the surrounding pavement. The technical approach shall demonstrate the Offeror's understanding of the work and ability to complete the project safely and effectively.

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 one (1) project 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.

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 52.240-90 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)

2.6 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)

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 errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause.

(1) Right to Terminate: The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor. If the Contractor refuses or fails to prosecute the work or any separable part with the diligence that will ensure completion within the time specified in this contract, including any extensions, or fails to complete the work within such time, the Government may, by written notice, terminate the Contractor’s right to proceed with the work (or the portion of the work that has been delayed). In such event, the Government may take over the work and complete it by contract or otherwise and may take possession of and use any materials, appliances, or plant located at the work site that are necessary to complete the work.

(2) Liability: The Contractor and its sureties shall be liable for any damages to the Government resulting from the Contractor’s refusal or failure to complete the work within the required performance period. This liability includes any increased costs incurred by the Government in completing the work, whether or not the Contractor’s right to proceed is terminated.

(3) Excusable Delay: The Contractor’s right to proceed shall not be terminated nor charged with damages under this clause if the delay arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Such causes include, but are not limited to:

(i) Acts of God or of the public enemy;

(ii) Acts of the Government in either its sovereign or contractual capacity;

(iii) Acts of another contractor in the performance of a Government contract;

(iv) Fires;

(v) Floods;

(vi) Epidemics;

(vii) Quarantine restrictions;

(viii) Strikes;

(ix) Freight embargoes;

(x) Unusually severe weather; or

(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond their control and without their fault or negligence.

To obtain relief, the Contractor must notify the Contracting Officer in writing of the causes of delay within 10 days from the…