36C24426B0021.docx

36C24426B0021

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.

36C24426B0021 X 06-08-2026 542-25-112 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 Building 1 Heat Exchangers

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 $250,000 and $500,000.

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 10

NOTE: Site Visit date and time change. Refer to Instructions, Conditions and other Statements to Bidders/Offerors, paragraph K.

X X 52.211-10 X

10:00AM

EDT

07-09-2026 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 Building 1 Heat Exchangers Project No. 542-25-112

Scope of Work

Overview:

This project replaces the two steam-to-water heat exchangers (HX) which provide heating water to the building, the steam control valves for each of the heat exchangers, and the steam condensate pump.

· Heat exchanger work: It is anticipated that the HX must be lowered to facilitate future maintenance without major piping impact. Thus, a revised configuration is needed to facilitate easy maintenance. A Conceptual Sketches document, utilizing marked-up photographs, is included in the documentation to provide a recommendation for this reconfiguration.

· Steam control valve work: The existing control valves are located at the top of the mechanical room space above the pit, and are not very accessible. In this project, the steam control valves must be relocated to be accessible to maintenance. A Mechanical Room Pit Part Plan is included in the documentation to show a recommendation for where to locate the control valves and where to route the steam pipe to facilitate maintenance as well as proper straight lengths of piping in and out of the control valves.

· Steam condensate pump work: The existing condensate pump is pressure powered. The new condensate pump is to be electric. The existing flash tank is abandoned and unusable. It must be replaced with a new ASME vessel. Additionally, existing condensate return paths are convoluted, following original paths, and may not be draining properly. This project reroutes the condensate return in the mechanical room to be direct to the new flash tank in the pit. A Mechanical Room Overview Drawing shows the entire mechanical room and is included to show locations requiring rerouting of steam condensate. This drawing shows the location of the pit.

The contractor shall provide all labor and materials as required for complete and functioning systems in accordance with SOW, all referenced documents and the specifications. All work shall be performed between 7:00a and 4:00p during normal business days of the VA. All work must be completed and operational prior to the start of the heating season.

Itemized descriptions:

1. Contractor shall mobilize as directed by COR.

2. Prior to demolition the contractor shall measure the hot water temperature and flow into and out of each exchanger, in addition to the temperature and flow of steam and condensate into and out of each heat exchanger. Data shall be recorded and submitted to COR for record.

3. Shut off steam and hot water to existing heat exchangers. Drain systems as required for safe demolition of piping and heat exchangers.

4. Remove heat exchangers and associated steam and condensate piping back to shut off valves. Demolition shall include new steam shutoff valves and new steam traps as needed for a fully functional system.

5. Remove existing steam pressure powered pump and associated piping/valves/fittings between pump and heat exchangers.

6. Remove a section of the handrail along mezzanine at east end to allow for future tube bundle removal.

7. Remove existing heat exchanger steel supports.

8. Contractor shall dispose of all demolished materials in a legal manner or as directed by COR.

9. Contractor shall provide heat exchanger steel support framing similar to existing supports. Support framing shall consist of four 6”x6” x ¼” tube steel columns (height to be determined by contractor to allow for pipe connections, insulation and access to heat exchangers for tube bundle removal) with 6”x6’ x1/4” angle frame at top welded to tube steel columns with ¼” continuously fillet welds on all sides. In addition, the contractor shall provide 6”x6”x1/4” angle bracing along the north long side of frame and along the east short side of frame also welded to tube steel columns with ¼” continuously fillet welds on all sides to prevent racking of support framing members. Heat exchangers shall be cradled in a 3/8” steel saddle support to match the heat exchanger tube bundle diameter with one saddle welded to angle iron support steel at each end (total four). Saddles shall be welded to horizontal support angles with ¼” continuously fillet welds on both sides of steel saddle supports. Spacing of saddles shall be determined by contractor to allow for pipe connections, insulation and access to heat exchangers for tube bundle removal. Tube steel columns shall each be welded to 12”x12” by1/2” steel plated and each plate shall by fastened to floor with four ¾” x 6” epoxy coated expansion bolts with washers (one on each corner of mounting plate) through predrilled ¾” holes to the existing concrete floor. All new support steel and fasteners shall be prime coated and finished with two coats of gray colored enamel finish coats of paint per VA standard specifications.

10. Provide and install two new heat exchangers to match in type, size and configuration as existing. (See VA standard detail for piping configuration and required accessories). Existing heat exchanger supports shall be reused to the extent possible.

11. Pipe new heat exchangers to allow for easy access to new heat exchanger tube bundles without excessive pipe removal. Heat exchangers should be manifolded together with main pipe above and individual valved heating hot water pipe drops to each heat exchanger to facilitate ease of service and maintenance.

12. Reconnect each heat exchanger to existing steam and condensate piping. Provide new steam traps and control valves as needed for a fully functional system. Valves and traps shall match existing in type, size and configuration. Relocate existing piping below control valves (mounted near ceiling) to allow for ladder access for future service repairs and maintenance.

13. Provide and install a new ASME flash tank 6” diameter by 3’-0” long (Spirax Sarco Flash Recovery Vessel or equivalent) and new duplex electric condensate pump (Spirax Sarco VES-1100-1.01 or equivalent). Connect all existing low-pressure condensate return piping to the new flash tank including the returns from each new heat exchanger. Flash tank shall be vented to the outdoors and provide a no pressure flow of condensate to the new electric condensate pump receiver. Run new pumped condensate pipe across mechanical room and tie into existing pumped condensate pipe at crawl space opening at the back of the mechanical room.

14. Electric Condensate Pump: 45 gallon receiver, 45 gpm duplex pumps at 30 psig discharge pressure, 1-1/2 HP motors at 1750 RPM, 1-1/2 inch discharge size. Transition to 2-1/2 inch schedule 80 steel before check valves. Combine two flows with 45-deg wye and run to connection point at other end of mechanical room. See plans. Condensate pump package must have lead-lag controls.

15. Condensate connections to new flash tank include: return from new HX, all medium pressure and low pressure steam end-of-main drip returns, existing domestic water HX returns and return from floor above as shown on plans. Note that end-of-main returns include (but not limited to) domestic water HX location, new return from MP steam main drop at crawl space opening, new steam branch to heating water HX. Condensate connections to new condensate pump receiver includes return from flash tank and 3-inch pumped return from Building 4, which enters the pit through a floor trench.

16. Combine the venting from the flash tank and condensate pump receiver as a 3-inch schedule 40 steel vent pipe. Run up outside of building to 3-feet above parapet of roof. Terminate with a 45-degree cut end with tack-welded birdscreen 1-inch-square stainless steel hardware cloth. All steel vent piping outside must be factory-primed and painted brick-red with high-temperature rust-proof paint to match existing brick of building. Bracket the vent pipe through mortar joints of the exterior wall. Modify grating of window well as required. Provide escutcheon at mechanical room wall.

17. Contractor shall insulate all new piping, valves and fittings as per VA design guide specifications. All new piping, valves and equipment shall be marked and identified with new pipe markers, valve tags and equipment nameplates as per the VA design guide specifications. Insulation shall not cover over factory mounted nameplates on heat exchangers and pipe markers shall indicate direction of flow and system name.

18. Provide and install a new removable section of hand railing to replace the existing handrail removed during demolition. New heat exchanger tube bundles shall be mounted in such a way as to allow for removal thru the opening created by removing this new section of demountable railing.

19. Contractor shall provide a new expanded Niagra JACE as required to include control of the new electric steam control valves for the heat exchangers. The existing JACE controls the heating water temperature setback and the building heating water circulator pumps. These existing controls are currently operated utilizing pneumatic signals. The entire panel of pneumatic controls must be replaced with the new electric controls. Coordinate with the VA and a controls vendor familiar with the existing DDC controls. Provide all associated controls and graphics monitored in Building 17. The controls shall indicate the status of each HX and any alarm conditions. They shall include inlet and outlet water temperatures for the heat exchangers, hot water reset scheduling, heating water pump equal run time and status indicators, chilled water pump equal run time and status indicators.

20. The contractor shall test, balance and adjust the flow of heating hot water through each heat exchanger to ensure that the water/steam flows and temperatures match the existing flows and temperatures measured prior to demolition. Contractor shall rebalance, test and adjust each heat exchanger as needed to match the existing measured conditions recorded.

21. Contractor shall de-mobilize as directed by COR.

PRICING SHEET FOR TOTAL PROJECT

CLIN 0001: BASE CONTRACT PRICE This project replaces the two steam-to-water heat exchangers (HX) which provide heating water to the building, the steam control valves for each of the heat exchangers, and the steam condensate pump.

· Heat exchanger work: It is anticipated that the HX must be lowered to facilitate future maintenance without major piping impact. Thus, a revised configuration is needed to facilitate easy maintenance. A Conceptual Sketches document, utilizing marked-up photographs, is included in the documentation to provide a recommendation for this reconfiguration.

· Steam control valve work: The existing control valves are located at the top of the mechanical room space above the pit, and are not very accessible. In this project, the steam control valves must be relocated to be accessible to maintenance. A Mechanical Room Pit Part Plan is included in the documentation to show a recommendation for where to locate the control valves and where to route the steam pipe to facilitate maintenance as well as proper straight lengths of piping in and out of the control valves.

· Steam condensate pump work: The existing condensate pump is pressure powered. The new condensate pump is to be electric. The existing flash tank is abandoned and unusable. It must be replaced with a new ASME vessel. Additionally, existing condensate return paths are convoluted, following original paths, and may not be draining properly. This project reroutes the condensate return in the mechanical room to be direct to the new flash tank in the pit. A Mechanical Room Overview Drawing shows the entire mechanical room and is included to show locations requiring rerouting of steam condensate. This drawing shows the location of the pit.

(copy from SF1442 Block 17)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Page 1 of Page 1 of

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 11:30 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 10, 2026. No telephone or fax requests will be honored.

Bids are due on July 17, 2026, 10:00 AM via electronic mail to Elizabeth.Wilson6@va.gov. Bid opening will be held on July 17, 2026, details below:

Bid Opening: via Teams Meeting:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/231848391770368?p=h8ETuCdfsVJaBr4l40 Meeting ID: 231 848 391 770 368 Passcode: rD9Lf7Vo

Need help? | System reference Dial in by phone +1 872-701-0185,,652947796# United States, Chicago Find a local number Phone conference ID: 652 947 796# For organizers: Meeting options | Reset dial-in PIN

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SECTION E - SOLICITATION PROVISIONS

E.1 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) E.2 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.3 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.4 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.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

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

Marginalized populations of Sudan means—

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

(b) Procedures.

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

(2) FASCSA Orders.

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

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

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

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

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

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

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

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

(f) Iran Representation and Certifications.

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

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

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

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

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

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

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

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

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

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

(6) State the form of relief requested; and

(7) Provide all information establishing the…