36C24426B0001_1.docx

36C24426B0001

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.

36C24426B0001 X 12-15-2025

TBD

542-26-105 36244 Department of Veterans Affairs Network Contracting Office 4 VA Medical Center 1400 Blackhorse Hill Road Coatesville, PA 19320

Department of Veterans Affairs Network Contracting Office 4 VA Medical Center

Coatesville, PA 19320

Kevin Rodgers 267-207-9835

Correct FCA Deficiencies Chiller Plant The objective of this project is to correct deficiencies within the Chiller Plant.

Site Visit shall take place on 1/8/2026 at 10:00am. Individual site visits shall not be scheduled

Prior to commencement of work, general contractor shall provide proof that an OSHA certified "competent person'(CP) will maintain a presence at the work site whenever the general or subcontractors are present.

This project is 100% set-aside for Service-Disabled Veteran-Owned Small Business Concerns. Bidders must be certified as SDVOSB per Small Business Administration (VETCERT). Disclosure of the magnitude of construction project is between $250,000 and $500,000.

Contractor Personnel Security Requirements: All contractor personnel may be subject to fingerprinting and background security checks. Background security checks may be required prior to start of this project.

In accordance with FAR 52.228-5 Insurance, Work on Government Installation, proof of liability insurance is required within ten (10) days after award of the contract for this project in the form of a certificate.

This solicitation is issued under the authority of 38 U.S.C. 8127 Total Service-Disabled Veteran-Owned Small Business Set-Aside. The small business size standard is $45 million. North American Industry Classification (NAICS) Code for this project is 236220.

The contractor must provide all labor, supplies, transportation, supervision, and equipment necessary to correct the deficiencies in the chiller plant as listed in the SOW, drawings, and specifications of this contract at the Coatesville VA Medical Center.

The new work shall meet all applicable VA criteria, Building Codes, Fire Protection / Life Safety Codes and National Electrical / HVAC / Plumbing Codes.

VAAR 852.219-75 (d) requires certification to be completed, signed, and retuned with offeror's bid. The bid shall be rejected if not completed as stated and submitted at the time of bid.

X X 52.211-10 X 10:00am

EST

01-16-2026 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

36C244

Network Contracting Office 4

Austin Payment Center

PO Box 149971 Austin

TX

78714-9971

(877) 353-9791

(512) 460-5429

Table of Contents

CORRECT FCA & DEFICIENCIES BUILDINGS

PROJECT NO. 542-21-212

COATESVILLE VA MEDICAL CENTER

COST/PRICE BID SCHEDULE

The Government intends to award base Contract Line Item Number (CLIN) CLIN 0001.

CLIN 0001. BASE PRICE: Scope of Work description.

This project is to correct the deficiencies of the Chiller Plant.

CLIN 0001, GENERAL CONSTRUCTION: The contractor must provide all labor, supplies, transportation, supervision, and equipment necessary to correct the deficiencies in the chiller plant as listed in the SOW, drawings, and specifications.

(copy from SF1442 Block 17)

Write Bid Amount in Words

STATEMENT OF WORK

FOR

COATESVILLE VA MEDICAL CENTER

CORRECT FCA DEFFICIENCIES CHILLER PLANT

DESCRIPTION:

Upgrades and repairs to Building 17 Chiller Plant to correct deficiencies.

LOCATION:

Coatesville VAMC 1400 Blackhorse Hill Road, Coatesville, PA 19320. Building 17

PURPOSE:

To correct deficiencies within the Chiller Plant.

SCOPE:

The contractor must provide all labor, supplies, transportation, supervision, and equipment necessary to correct the deficiencies in the chiller plant as listed in the SOW, drawings, and specifications.

PERIOD OF PERFORMANCE:

The period of performance for this project shall be 120 days from the Notice to Proceed.

PERFORMANCE REQUIREMENTS:

Contractor must verify existing conditions and verify size, and materials to be used. Contractor must submit a work schedule for the project within fifteen (15) days of contract award to the COR.

Contractor shall supply and install a 600,000 grain metered duplex water softening system with bypass capable of providing soft water for the entire chiller plant per supplied specifications. Contractor must include enough salt to fill the brine tank two (2) times. Meter shall have an operating range of 3.5 to 350 GPM. Softener basis of design- US Water Systems 140-39-600-DX-7 or Equal.

Contractor shall supply and install two (2) rooftop exhaust fans matching existing unit capabilities as shown on drawings.

Contractor shall supply and install five (5) motorized damper/ louvers on outside walls of chiller plant as shown on drawings. Dampers are required to automatically open when the exhaust fans are in operation and close when the fans are not running. Contractor is responsible for all control work required for the operation of the dampers.

Contractor shall supply and install six (6) new fan shafts and bearings on cooling tower fans. Contractor must use OEM approved shafts and bearings. Cooling tower Evapco model AT 312-336 Contractor shall supply and install new set of 32 framed louvers on cooling tower 1. All provided framed louvers must be compatible with Evapco Model AT 312-336 Serial 6-286078.

Contractor shall supply and install new set of 32 framed louvers on cooling tower 2. All provided framed louvers must be compatible with Serial 6-286079 Contractor shall supply and install three (3) water meters within the chiller plant to match existing meters. Meters shall be viewable remotely from the ground.

Contractor shall supply and install new shutoff valves to replace non operable valves throughout the chilled water system as shown on drawings. Valves and handles to match existing valves being replaced. Replacement valves to include two (2) fourteen-inch plug valves, fourteen (14) fourteen-inch butterfly valves, six (6) fourteen-inch gate valves, six (6) ten-inch butterfly valves, one (1) ten-inch chiller bypass valve, and twelve eight-inch cooling tower inlet and outlet valves.

Contractor must repair/ replace all pipe insulation disturbed or damaged from the work on this project.

Contractor must ensure that all testing and verification of operation is witnessed and approved by the COR. All commissioning documentation will be provided to the COR.

Contractor must submit a crane lift plan to the COR for approval by the VA safety department prior to any cranes being utilized.

Utility and road shutdowns require three (3) weeks advance notice submitted in writing to the COR for shutdowns to be approved and scheduled. Chilled water shutdowns will not be authorized during hot weather during peak cooling season. Shutdown times to be coordinated with the COR. After-hours work may be required while working on the chilled water system. This work shall be included in the initial price. No additional costs for after- hours work will be authorized.

Contractor shall be responsible for site cleanup and all removal of all debris. If a dumpster is used, it must be fenced in or covered and secured. Location to dumpster to be determined by the cor.

Contractor must ensure that all work areas are secure at the end of every shift, and no tools or materials will be stored outside of the work area. Work areas must be clean at the end of every shift.

Contractor must follow all Coatesville VAMC and OSHA safety regulations.

Contractor shall ensure that all workers are signed in and badged prior to work each day.

Contractor must not perform any additional work outside the scope of this contract without prior authorization from the contracting officer. Only the contracting officer has authority to modify this contract.

Contractor parking only in areas designated by the COR.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

TRAINING:

Effective July 31, 2005, all employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. Failure to present the proper training documentation will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement.

It is the responsibility of the Contractor to provide TB training annually and a PPD test annually for any employees providing services at the VA Medical Center, Coatesville, PA. The government reserves the right to review the contractor’s records. Failure to present the proper training documentation upon the Contracting Officer’s request will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement.

PRIVACY AND CONFIDENTIALITY:

Contractors to the Department of Veterans Affairs may be unintentionally exposed to sensitive information. Information maybe overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized in accordance with the contracted services. Failure to comply with applicable statutes and regulations can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breaches of the privacy and confidential should be reported immediately to the Contracting Officer, COR or the Facility Privacy Officer.

KEYS:

All keys provided the Contractor or any subcontractor for use during the project shall be returned to the COR at completion of the work or upon request. No keys shall be reproduced by the Contractor or any subcontractor. There shall be a charge for each key that is lost or not returned to the COR.

CONTRACTOR NORMAL WORK HOURS:

The contractor work hours are from 7:00AM to 4:30PM, Monday through Friday, excluding federal holidays, unless otherwise stated. Federal holidays that fall on a non-workday –Saturday or Sunday the holiday usually is observed on Monday if the holiday is on Sunday or on Friday if the holiday is on Saturday. The contractor may request authorization from the Contracting Officer to work an alternative schedule or on holidays. However, the Contracting Officer reserves the right to deny or authorize the contractor’s request at his or her discretion considering the best interests of the Government. All federal holidays are observed as non-workdays. Federal holidays can be found on the following web site: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays. These days will be identified during the pre-construction meeting. This contract may require work to be performed off-hours, and any increased costs related to this work will be the responsibility of the contractor.

SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE:

All offerors shall submit information pertaining to their past safety and environmental record. The information shall contain, at a minimum, a certification that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any Environmental Protection Agency (EPA) violation(s) in the past three years. All offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

A determination of responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the System for Award Management (SAM.gov), Vendor Information Pages (VETBIZ), Experian Credit Risk Score and Financial Stability Risk Score (Experian) and/or DUN and Bradstreet, Federal Awardee Performance and Integrity Information System (FAPIIS) accessed through the Past Performance Information Retrieval System (PPIRS), Small Business Administration (SBA), Office of Inspector General-Health and Human Services (OIG-HHS), OSHA, Veterans’ Employment & Training Services (VETS 4214) reporting database, and EPA online inspection history databases will be used to make the Determination of Responsibility. Any information received by the Government that would cause for a negative Determination of Responsibility may make the offeror ineligible for award. This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

As required by the statutory requirement pertaining to the Veterans Benefits Act of 2003 (15 U.S.C. 657f) and in accordance with FAR 6.206, this procurement will be set-aside for Veteran Owned Small Business (VOSB) concerns. Only VOSB concerns who are verified in the Vendor Information Page (VETBIZ) and registered in System for Award Management (SAM.gov) will be eligible to submit proposals.

LOCATION OF UNDERGROUND UTILITIES:

Contractor cannot rely on available VA as-built drawings to identify all existing underground utilities. Prior to any excavating, contractor shall be required to make sure that the location of all underground utilities in excavation sites is accurately designated. Contractor shall be responsible for all costs related to identification of underground utilities. Contractor shall provide a comprehensive report on all underground utilities, which must include survey ground marks laid out and an illustration of jobsite showing underground utilities. The Utility Location & Coordination Uniform Color Code shall be used for the ground marks and illustrations. Damage to underground utilities as a result of contractor’s excavation activity shall be repaired at contractor’s expense.

It may be necessary for contractor to employ the services of a Subsurface Utility Engineering firm to conduct surveys to locate all underground utilities in areas to be excavated. Such surveys might utilize geophysical prospecting techniques and electromagnetics. In some circumstances these conventional methods do not precisely locate the utilities, in which case the following additional means may be utilized: TV video pipe inspection, ground penetrating radar (for non-metallics), and vacuum excavation.

CONTRACTING OFFICER’S REPRESENTATIVE (COR):

(In accordance with VAAR 1.604 and 1.602-2) the COR assists in the technical monitoring or administration of a contract. Limited authority is given in writing by the Contracting Officer’s letter of designation describing the COR’s duties and responsibilities. The COR has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract (or provisions of the solicitation). The COR’s authority is limited to contract administration functions delegated in writing by the Contracting Officer. In this solicitation and in the specifications, COR may be used interchangeably with Contracting Officer’s Technical Representative (COTR), Resident Engineer, Project Engineer and Engineer/Engineering.

WAGE AND HOUR LAWS:

The Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws.

BID GUARANTEE AND BONDS:

A Bid Guarantee is required in an amount not less than 20 percent of the proposal price. Failure to furnish the required Bid Guarantee in the proper form and amount, by the time and date proposals are due, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. (Refer to FAR 52.228-1)

The bid to whom award is made will be required to furnish a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions.

ORGANIZED SITE VISIT:

Contactors shall meet on 1/8/2026 at 10:00 AM in Building 70 in the Conference Room at the Coatesville VA Medical Center, 1400 Blackhorse Hill Road, Coatesville, PA 19320.

REQUEST FOR INFORMATION:

Contractors are to send RFIs in writing via email to Kevin Rodgers at kevin.rodgers2@va.gov by 1/22/2026 at 10:00am EST.

DEVIATON FEB 2025 Insructions:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

Page 1 of Page 1 of

SECTION E - SOLICITATION PROVISIONS

E.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision) E.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall 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 shall 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 shall 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) E.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

E.4 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, 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)

E.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veteran Affairs

Coatesville PA 19320 Mailing Address:

VA Medical Center Contracting/90C 1400 Blackhorse Hill Road Coatesville PA 19320

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) E.9 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE ACQUISITION PLAN (SEP 2019) Offerors shall include a Sustainable Acquisition Plan in their technical proposals. The plan must describe the approach and quality assurance mechanisms for applying FAR subpart 23.1, Sustainable Acquisition Policy and other Federal laws, regulations and Executive Orders governing sustainable acquisition. The plan shall clearly identify those products and services included in the proposal.

(End of Provision)

E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision) E.11 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

(a) Any offeror responding to this solicitation must comply with established VA Information and Communication Technology (ICT) (formerly Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 852.239–75, Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit appropriate VA Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist VA acquisition and program officials in determining whether proposed ICT supplies, or information, documentation and services conform to applicable Section 508 accessibility standards. The checklists allow offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

(c) Respondents to this solicitation must identify any exception to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) 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 (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

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

(d) 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 (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to…