36C24426B0020.docx

36C24426B0020

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.

36C24426B0020 X 06-08-2026 542-26-107 00244 Department of Veterans Affairs Network Contracting Office 4 VA Medical Center 1400 Blackhorse Hill Road Coatesville, PA 19320 Elizabeth Wilson Elizabeth.Wilson6@va.gov

Elizabeth Wilson 484-641-0594 Replace HVAC Steam Equipment and Piping Buildings 12 and 15

1. This project is 100% set-aside for Service-Disabled Veteran-Owned Small Business Concerns.

2. This acquisition is conducted in accordance with FAR Part 36 & 14, Invitation for Bid.

3. The small business size standard is $19 million. North American Industry Classification (NAICS) Code is 238220.

4. The project magnitude is between $500,000.00 and $1,000,000.

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

6. All information contained in the contract including FAR and VAAR clauses either in full text or referenced are to be considered part of this solicitation.

7. This solicitation may be cancelled, and all offers rejected when it is clearly in the best interest of the Government

9. Failure to return a signed copy of VAAR 852.219-75 will result in a bid not being considered for award.

10. Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor, materials, tools, equipment and supervision for performance of this contract at the Coatesville VA Medical Center.

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

12. 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.

13. Refer to Instructions, Conditions and Other Statements to Bidders/Offerors, for information concerning the organized site visit and other important information and dates, on page 11.

X X 52.211-10 X

10:00AM

EDT

07-20-2026 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 VA Medical Center 1400 Blackhorse Hill Road Coatesviile PA 19320 Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429

Table of Contents

Replace HVAC Steam Equipment and Piping Buildings 12 and 15

HVAC Modifications – Building 12 (machine shop and fire department)

SCOPE OF WORK

1. Remove existing cooling only ductless split system serving machine shop kitchen on south side. Patch openings to match existing.

2. Install one new single zone, wall bracket mounted, ductless heat pump system with electric back-up on south side. Install wall mounted evaporator in kitchen. Wire indoor and outdoor unit to nearest electrical panel.

3. Remove two existing steam unit heaters in machine shop garage bays. Install two new gas fired unit heaters of equal size and connect them to new gas service.

4. Remove existing 5-ton spilt system air conditioner serving the fire department. Install new 5-ton heat pump system with electric back-up to replace outdoor pad mounted condensing unit and indoor evaporator unit in attic. Reconnect to existing electrical circuits and provide new circuit for electric heat. Run new insulated and charged refrigerant lines between new indoor and outdoor unit.

5. Remove damaged section of supply ductwork in attic and replace with new insulated ductwork to match existing size.

6. Measure all existing airflows prior to any demolition. Balance air supply system to match airflow of new indoor unit. Airflows should be proportional to existing airflows measured prior to demolition.

7. Remove one existing steam unit heater in fire department garage bay. Install one new gas fired unit heater of equal size and connect it to new gas service.

8. Install new underground gas service to Building 12 and route gas piping to new gas fired unit heaters in items #3 and #7 above.

9. Disconnect and cap steam and condensate lines serving Building 12 once work above is completed. Steam and condensate lines shall be disconnected as close as possible to the main pipe located with lower level of Building 15.

HVAC Modifications – Building 15 (laundry warehouse and carpentry shop)

SCOPE OF WORK

1. Remove six existing steam unit heaters and replace them with new steam unit heaters. Extend existing steam and condensate piping and relocate where indicated. Reconnect existing electrical power for replaced steam unit heaters and provide new electrical power to new steam unit heaters from nearest electrical panel.

2. Install one new multizone ductless heat pump system with three zones and electric back-up on west side of upper level with wall mounted bracket. Install wall mounted evaporators in lounge, locker room and bathroom in upper level. Wire indoor and outdoor units to nearest electrical panel. Existing cast-iron radiators remain.

3. Existing steam baseboard radiation units for small office and alcove space along south wall (two places) to remain.

4. Install three new steam unit heaters in carpentry workshop room B07, one steam unit heater in mechanical room B01 and one steam unit heater in paint supply room B02 on lower level. Wire new steam unit heaters units to nearest electrical panel.

5. Remove existing cast -iron radiators where needed and replaced with steam convectors. Four new steam convectors shall be connected to nearest steam and condensate mains with full sized piping to match convector connections. All new piping shall be insulated per VA specifications.

6. Remove all existing condensate piping on both upper level and lower level of Building 15 and replace with new piping of appropriate size. All new piping shall be insulated per VA design guidelines.

7. Install two new steam unit heaters in lower-level room B08. Provide new electrical power connection to nearest panel for new electric units. Remove steam unit heater(s).

HVAC Modifications – Building 14 (boiler plant)

1. Existing underground steam and condensate lines serving buildings 12 and 15 will be valved closed and/or capped and abandoned in place. This work must be coordinated during warm months to allow for a steam system shutdown as required.

2. New overhead steam and condensate lines of equal sizes and thicknesses will be routed from a new shutoff valve installed as part of this contract (located above the existing steam header inside Building 14) for the steam and to a existing pressure powered condensate return pump installed as part of this contract (located in the northeast corner pit of the boiler plant) for the condensate. This piping shall exit the boiler plant high above grade in the northeast corner of building 14 and cross the open exterior area between Buildings 14 and 15. New overhead piping will be supported with horizonal steel beams with lateral pipe support(s) for each pipe as needed. New steam and condensate pipes will be insulated and jacketed weather tight where exposed to outside conditions.

3. New steam and condensate pipes shall turn down to the lower level of Building 15, room B08, once they enter Building 15. Route new steam and condensate through existing B08 wall and connect to new piping in existing steam pit.

PRICING SHEET FOR TOTAL PROJECT

CLIN 0001: BASE CONTRACT PRICE: Replacement of the HVAC steam equipment and associated piping for Buildings 12 and 15 at the Coatesville VA Medical Center to lower steam consumption.

(copy from SF1442 Block 17)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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A. 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.

B. 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 regulation 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.

C. 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.

D. 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-work day –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-work days. 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.

E. 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.

F. 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 job-site 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.

G. 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.

H. POINT OF CONTACT:

All questions are to be directed to the Contracting Officer at the CVAMC. Do not contact any A/E firm that may be identified herein. The A/E firm does not have the authority to share information with others or bind the government.

I. 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.

J. 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.

K. ORGANIZED SITE VISIT AND OTHER IMPORTANT DATES:

An organized site visit and pre-bid meeting will be held on June 22, 2026, at 10:00 AM (EST). Contractors are to meet in Building 70 Conference Room at The Department of Veterans Affairs, VA Medical Center, 1400 Blackhorse Hill Road, Coatesville, PA 19320.

All requests for information or questions regarding the solicitation must be submitted in writing to the Contracting Officer via electronic mail to Elizabeth.Wilson6@va.gov no later than 4:30 PM EST, July 6, 2026.

The VA will respond to Contractor RFIs on or about July 13, 2026. No telephone or fax requests will be honored.

Bids are due on July 20, 2026, 10:00 AM via electronic mail to Elizabeth.Wilson6@va.gov. Bid opening will be held on July 20, 2026, details below:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/289080861299649?p=gaueh74mmGqglivFVl Meeting ID: 289 080 861 299 649 Passcode: xY2RC7QJ

Need help? | System reference Dial in by phone +1 872-701-0185,,277091040# United States, Chicago Find a local number Phone conference ID: 277 091 040# For organizers: Meeting options | Reset dial-in PIN

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SECTION E - SOLICITATION PROVISIONS

E.1 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.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

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

(End of Provision) 52.222-90 Addressing DEI Discrimination by Federal Contractors.

As prescribed in 22.2203, insert the following clause:

Addressing DEI Discrimination by Federal Contractors (Deviation DATE)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026)

On April 17, 2026, the FAR Council issued a memorandum and class deviation providing implementation guidance for EO 14398, establishing that agencies should not do business with contractors that engage in racially discriminatory DEI activities and providing a new FAR clause 52.222-90 — ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026). The guidance and deviation require contractors to agree to:

· Not engage in any “Racially Discriminatory DEI Activities,” which means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), “program participation,” or allocation or deployment of an entity's resources.

· “Program participation” means membership or participation in, or access or admission to, training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

· Furnish all information and reports, including providing access to books, records, and accounts, as required by the contracting officer, for purposes of ascertaining compliance with the clause.

· Report any subcontractor's known or reasonably knowable conduct that may violate the clause to the contracting officer and take any appropriate remedial actions directed by the contracting officer.

· Inform the contracting officer if a subcontractor sues the contractor and the suit puts at issue, in any way, the validity of the clause.

Agencies must insert FAR 52.222-90 in new solicitations and resulting contracts, as well as current contracts valued over the micro-purchase threshold — including those for commercial products and services — where the place of performance is in the United States. Open solicitations must be amended to incorporate the clause. The clause must be flowed down to subcontracts at any tier, including for commercial products and services. If a contractor refuses a bilateral modification, the contracting officer should consider whether the unmodified contract still meets agency needs or should be terminated for convenience.

The deviation makes explicit the enforcement consequences for noncompliance. Contractors must recognize that compliance with the requirement is material for the government’s payment decisions. In addition, failure to comply with FAR 52.222-90 is now an enumerated cause for debarment under FAR 9.406-2(b)(viii) and suspension under FAR 9.407-2(a)(11). These additions give Suspension and Debarment Officials express authority to pursue these remedies against contractors and subcontractors found to have violated the clause — a significant escalation in enforcement risk.

Key Considerations for Contractors The issuance of FAR 52.222-90 answers some of the questions raised in our March 30, 2026, alert, but raises new and pressing considerations for contractors:

· With the April 24, 2026, effective date approaching, contractors should immediately assess whether their current DEI programs, practices, and activities could constitute “racially discriminatory DEI activities” as defined in the clause, and whether modifications are warranted.

· Given that debarment and suspension are now express consequences of noncompliance, contractors with existing DEI programs should evaluate their litigation risk and whether voluntary remediation or disclosure is appropriate — particularly in light of the credit IBM received for disclosure, cooperation, and remediation in its False Claims Act (FCA) settlement, as discussed in our April 14, 2026, client alert.The flow-down obligation requires contractors to assess and monitor their subcontractor base and to develop compliance programs and contractual protections sufficient to satisfy the “reasonably knowable” standard for subcontractor violations.

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 52.233-2 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:

Elizabeth Wilson Hand-Carried Address:

elizabeth.wilson6@va.gov

Mailing Address:

elizabeth.wilson6@va.gov

(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.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

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

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C.