36C24426B0002_1.docx

36C24426B0002 Section J

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.

36C24426B0002 X 03-17-2026 693-20-102 00244 Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VAMC 1111 East End Blvd Wilkes-Barre PA 18711 Stephen Gulotta stephen.gulotta@va.gov

Stephen Gulotta 215-828-6525 693-20-102 | Construct Chiller Plant.

1. This Procurement is a 100% Total Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside.

2. The NACIS Code is 236220 with a small business size standard of $45.0 Million.

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

5. The project magnitude is $10,000,000 and $20,000,000

6. A scheduled site visit will take place on 3/31/2026 @10am See location details in Section L.

7. RFI's are due NLT 4/8/2026 at 4:00pm. RFIs shall be emailed to stephen.gulotta@va.gov

8. Responses to RFIs will be issued by amendment. Late RFI's may not be addressed.

9. All Proposals are due to the Contracting Officer by (item 13 below).

10. Faxed proposals will not be accepted. All proposals shall be emailed.

11. Email proposals no later than the submission date and time to stephen.gulotta@va.gov

12. Award will be made to the lowest proposed responsive, and responsible offeror who is in conformance with this solicitation.

13. This solicitation may be cancelled and all offers rejected before award but after solicitation closing date when it is clearly in the best interest of the Wilkes-Barre VA Medical Center to do so.

14. Failure to return a signed copy of 852.219-75 will result in proposal not being considered for award.

NOTE: System updates may lag policy updates. The System forAward Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, 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.

X X 52.211-10 X 4:00pm

EDT

04-16-2026 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

00244 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 X

The Government intends to award a contract to the responsive/responsible offer for line item 0001.

ITEM 0001 Base Price- The contractor shall provide all labor, supplies, transportation necessary for the completion of the attached statement of work (SOW). All work will be done at the Wilkes-Barre located at 31111 East End Blvd Wilkes-Barre, PA 18711.

Write Bid Amount in Words

Contract Type: Firm Fixed Price (FFP) FOB: Destination

Basis for Award:

FOR THE PURPOSE OF THIS SOLICITATION THE AWARD WILL BE MADE TO THE LOWEST PROPOSED RESPONSIVE, AND RESPONSIBLE BIDDER WHOSE BID IS IN CONFORMANCE WITH THIS SOLICITATION.

Table of Contents

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF WORK

Construct New Chiller Plant Project # 693-20-120 May 2025

1. General:

a. The scope of work shall generally consist of providing all labor, materials, tools, equipment, permits, testing, and reports required to install a new chiller plant located at the Wilkes Barre VA (VAMC), as generally described in this scope of work, but detailed in drawing set titled: CONSTRUCT CHILLER PLANT. VAMC WILKES-BARRE PENNSYLVANIA, USA, PROJECT #: 693-20-120. The project outcome will be a new Chiller Plant at the WBVA campus.

b. The Construct Chiller Plant project is a multi-phase project. Key elements include, but not limited to: construction of a building addition, three chillers, cooling towers, backup diesel generators with fuel storage, relocation of bulk oxygen tank, and parking realignment/site access in area associated with new plant and utility support systems.

c. All construction work shall be provided in accordance as defined by the drawings and specifications, all applicable Federal, State and Local Codes as well as applicable standards, reference publications, and code requirements contained within the VA Master Specifications. In the event of a discrepancy, the VA Master Specifications shall take precedence.

d. Prior to the start of work the contractor shall visit the site to familiarize themselves with the location and extent of the work. The contractor shall submit shop drawings of all proposed materials and equipment for review and approval by the VA. Submittals shall include product data and other applicable information required as described in the VA Master Specifications. The VA Master Specifications shall be utilized as the minimum basis of design for all new materials and equipment specified for this work unless noted otherwise on the drawings. No work shall begin until all submittals have been reviewed and approved by the VA.

e. Only new materials and equipment shall be installed in the work. All materials and equipment shall be of the current manufacturer’s products. No obsolete or discontinued materials and equipment shall be provided.

f. Contractor shall provide all design and construction project management, administration, project superintendence, supervision, and construction trades work.

g. All work shall be coordinated through the designated Contracting Officer’s Representative (COR).

2. Infection Control

a. All work for this project will be performed in accordance with the VA Wilkes-Barre’s Infection Control Practices for Construction (Reference attachment: Infection Control Construction Project Compliance Policy (11IC-10-897).

b. All materials, equipment and labor associated with the Infection Control Requirements required by the VA Infection Control Practitioner shall be provided by the contractor.

c. The interior construction work is anticipated to require Class I precautions. The contractor, Contracting Officer’s Representative (COR) and the Infection Control Practitioner shall meet to discuss the work activities within the areas of work immediately prior to mobilization and the start of construction.

d. Final classification of the infection control requirements will be at the sole discretion and direction of the Infection Control Practitioner.

e. In addition to the protection of all workers, staff, patients, etc. the contractor shall minimize the amount of dust and exhaust fumes generated during exterior construction as this is critical to prevent contamination of supply air intakes of the building HVAC systems.

3. Scheduling

a. A construction schedule shall be submitted for approval prior to the start of work and within 180 days after the notice to proceed. All schedule items will show a start date and a completion date. The schedule will include specific tasks with dates for each step of the process. Schedule shall include a comprehensive list of all intended tasks, dates, and overall project order.

b. Work shall be performed during normal business hours 8:00AM to 4:30PM Monday to Friday excluding federal holidays except as required by facility impact and utility shutdowns.

c. Any work determined by the facility as having an impact on the operations of the facility shall be conducted on an after-hours schedule. Specific tasks and phases that include, but not limited to utility tie-ins, utility shutdowns, patient care areas, any excessive noise coming from the project that is disrupting patient care, sterile areas, etc.

d. Utility shutdowns will be coordinated and scheduled with the COR two weeks in advance of the work. VA Lock Out/Tag Out policy will be implemented.

e. Contractor shall provide a weekly schedule report to the COR.

f. All work shall be completed within 600 calendar days from receipt of Notice to Proceed.

4. Performance

a. All contractors shall have a company identification badge displayed at all times while on site with their name and company identified. All contractors shall apply for a VA ID badge to work in the facility. All VA Police security requirements/site access shall be coordinated with the designated Contracting Officer’s Representative.

b. Laydown area(s) will be coordinated with the COR.

c. Construction personnel vehicles shall park in the designated VA’s contractor parking lot.

d. The contractor shall follow good housekeeping practices and shall keep the work and surrounding areas clean and free of debris. Contractor shall thoroughly clean each area of work at the completion of each shift including all corridor areas leading to and affected by the work.

e. The contractor shall contract for and provide third party commissioning service as part of government acceptance and testing of the chiller boiler plant.

f. This project shall complete all interior and exterior work, installation, removal and relocation of equipment and commissioning as identified in the drawings and specifications.

5. Safety

a. Contractors shall comply with all applicable federal, state, and local requirements regarding workers’ health and safety. The requirements include those found in federal and state Occupational Safety and Health Act (OSHA) statutes and regulations.

b. The project superintendent shall have the 30-Hour OSHA Construction Safety Course certification and all other construction personnel shall have the 10-Hour OSHA Construction Safety Course certification. Submit training records of all employees for approval prior to the start of work.

c. In the performance of this contract, the Contractor shall take such safety precautions as necessary while operation in construction area. Contractor shall provide all necessary tools, equipment, labels, and Personal Protective Equipment to perform the work safety, effectively, and timely.

6. Demolition

a. Refer to the drawings for demolition.

b. All work shall be performed in accordance with the plans and specifications.

c. Contractor shall be responsible for removal and disposal of all demoed equipment and materials.

7. Close Out

a. The contractor shall also provide all close-out documents as per the requirements in FAR 4.804 Closeout of Contract Files including as-built drawings, manuals, and other relevant documents.

b. The contractor shall be responsible to provide all testing and reports associated with the systems and materials installed under this contract.

8. Brand Name:

a. Contractor shall be required to provide the following Brand Name products which must be compatible with existing systems. All potential offers must propose the below products:

· Physical Security Access Control System (PACS) HID Global – pivClass RPK40

To maintain the integrity and security of the hospital's critical operations, the VA requires access control equipment that is compatible with the existing access control system and licensed software (Software House). This compatibility ensures consistent operation and restricts access to key areas only to authorized personnel. This project necessitates the deployment of access control readers, wall switches with keypad contact less readers and associated hardware that supports the use of a personal identification number (PIN) entered via a keypad and transmitted directly to a panel or door controller (with PIN matching occurring at the panel, not on the card). Furthermore, the system must be approved under the VA Technical Reference Model.

· Video Surveillance Avigilon Video Surveillance – Video cameras, fixed, PTZ and dome.

The video surveillance system in the VA hospital must ensure the safety and security of patients, staff, visitors, and property by providing comprehensive coverage and high-resolution imaging. Key requirements include: Seamless integration with existing security infrastructure and other systems (access control, alarm systems). Complete monitoring of critical areas with high-definition cameras, including both fixed and PTZ cameras. Modern IP-based cameras with low-light functionality. Adequate on-site/cloud storage to retain footage per VA compliance requirements. Built-in redundancy and power backup for continuous operation. Compliance with federal, state, and VA-specific regulations, including the VA Technical Reference Model. These requirements ensure the reliability, efficiency, and security of the hospital's video surveillance system, enhancing overall safety and operational effectiveness.

· Door Hardware Yale - GG-Keyway mortise lockset with 6-pin interchangeable cores

The VA requires mechanical door locks made of steel or brass, with keyable 6-pin, double-cylinder locking mechanisms. These locks must feature anti-pick, bump-resistant designs, reinforced strike plates, and meet ANSI/BHMA and UL safety certification standards.

· Fire Alarm System Johnson Controls - Notifier IFC-3030 Intelligent Addressable Fire Alarm System

To maintain the integrity and safety of the hospital's critical operations, the VA requires fire alarm equipment that is compatible with the existing fire monitoring system. This compatibility ensures consistent operation and monitoring of the VA facility of any fire-based threat. Furthermore, the system must be approved under the VA Technical Reference Model.

· Facility Building Automation System Johnson Controls - Metasys Building Automation and HVAC Control System

Description: The VA requires an integrated Building Automation System that allows for a single HVAC control system. Utilizing a single system to monitor and control all the Wilkes-Barre VA Medical Center facility HVAC systems allows for total system integration and efficient controls to maximize efficiency and comfort.

THE ABOVE SCOPE IS INTENDED TO DESCRIBE THE PROJECT IN GENERAL AND IS NOT LIMITED TO THE AFOREMENTIONED. ALL WORK SHOWN ON THE DRAWINGS AND DESCRIBED IN THE SPECIFICATIONS SHALL FORM THE COMPLETE PROJECT.

36C24426B0002 Section C

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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO 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.

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 8:00AM 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:

3/31/2026 at 10:00 AM. Please meet at the entrance. VAMC Address is 1111 East End Blvd Wilkes-Barre, PA 18711

DEVIATION FEB 2025 Instructions:

“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.”

36C24426B0002 Section L

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SECTION E - SOLICITATION PROVISIONS

E.1 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) E.2 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 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. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of Provision)

E.3 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

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

(End of Provision) E.4 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.5 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2023)

(a) Definitions. As used in this clause— Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of ‘‘cost of components’’.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Free Trade Agreement country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from…