36C24426R0017.docx

36C24426R0017

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.

36C24426R0017

X 01-15-2026

503-21-102 00244 Department of Veterans Affairs Network Contracting Office 04

Network Contracting Office 04 Contract Specialist Kaitlyn.Szlachta@va.gov

Kaitlyn Szlachta 916-980-6679 Solicitation for Project 503-21-102 "Correct FCA Electrical Deficiencies Phase I."

Contractor shall furnish all Labor, Materials, Equipment, Tools, Transportation, Permits, and Supervision necessary to complete all work associated with the above referenced project. All work shall be complete in accordance with the referenced Statement of Work, Project Specifications, Drawing, and Site Requirements.

In Accordance with FAR 36.204: Disclosure of the magnitude of construction projects:

MAGNITUDE OF CONSTRUCTION: Between $5,000,000.00 and $10,000,000.00

WAGE DETERMINATION: General Decision Number PA20260077 Revised 1/9/2026 is applicable to this solicitation However, the current prevailing Wage Determination will be incorporated at time of award.

SITE VISIT: A site visit will be conducted at the Altoona VAMC on January 22nd 10AM EST. All parties must report to Bldg 2 Conference Rm 121 at 2907 Pleasant Valley Blvd, Altoona, PA 16602

REQUEST FOR INFORMATION (RFI): All RFIs must be submitted in writing by 1/30/26 4:30 PM EST.

No further RFIs will be considered after this date and time.

PROPOSALS: This is a Best Value Tradeoff solicitation to SBs. Proposals are due by 02/16/2026 at 4:30 PM. Proposals must be emailed to the Contract Specialist: Kaitlyn.Szlachta@va.gov AND Contracting Officer: elijah.mcintosh@va.gov.

The contractor will be responsible for confirming receipt the proposal if an of receipt is not sent by the Contract Specialist within one business day.

X X

52.211-10 X

4:30

02-16-2026 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Base Proposal:

00244

Network Contracting Office 4 James E Van Zandt VA Medical Center 2907 Pleasant Valley Blvd Altoona PA 16602

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429

Elijah McIntosh Contracting Officer

CLIN 0001:

The Contractor shall provide all necessary tools, labor, materials, equipment, permits, license, and supervision for “Correct FCA Electrical Deficiencies Phase 1”, Project Number 503-21-102, located at the James E. Van Zandt VA Medical Center in Altoona, PA, in accordance with the drawings and specifications.

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE PRICE SCHEDULE: The scope of work shall generally consist of but not limited to the following: providing all labor, materials, tools, equipment, permits, testing, and reports.

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1DA - Maintenance of Hospitals and Infirmaries

ACCOUNTING AND APPROPRIATION DATA

DELIVERY SCHEDULE

James E. Van Zandt 2907 Pleasant Valley Blvd, Altoona, PA 16602

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) A Bond is required for this solicitation. A proposal guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. Bond is to be executed on a SF 24. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for the opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(b) The offeror to whom award is made will be required to furnish two (2) bonds, a Payment Bond to be executed on the SF 25A and a Performance Bond to be executed on the proper SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and SF 25A can be obtained upon application to the issuing office.

(c) Disclosure of the magnitude of construction: Between $5,000,000.00 and $10,000,000.00

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS AND REQUIREMENTS TO OFFERORS

1. PROPOSAL DUE DATE AND PRE-PROPOSAL CONFERENCE:

(d) Pricing shall be submitted utilizing the Price Schedule, Continuation of SF 1442. Offerors are urged to type or print pricing legibly.

(e) A formal site visit is scheduled for January 22nd, 10AM EST at the Altoona VA Medical Center. Contractors should meet near the Building 1 (Location indicated on attachment) Altoona VA Medical Center 2907 Pleasant Valley Boulevard Altoona, PA 16602-4305

Contractors are highly encouraged to attend the pre-proposal conference / Site Visit. Contractors are responsible for accurate proposals regarding all trades of the construction project.

(f) Proposals are to be submitted by electronic submission, via email to:

Kaitlyn.szlachta@va.gov and Elijah.Mcintosh@va.gov

Subject line should read “Proposal No. 36C24426R0017 Correct Electrical Deficiencies”

(g) Proposal Due Date: February 16th, 2026 at 4:30 P.M. EST

(h) No public opening will occur for an RFP solicitation.

2. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:

a. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer.

b. Technical Questions: Questions of a technical nature must be provided in writing and shall be submitted by prospective Offerors to the contract specialist via email at Kaitlyn.Szlachta@va.gov. The subject line must read: Solicitation 36C24426R0017 - Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. Furthermore, only questions received from Prime/General contractors will be replied to. All questions must be received no later than 1/30/2026 at 4:30 PM. No telephone request will be honored. Any questions received after this time will NOT be considered and a response will NOT be given.

c. Receipt of amendments by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding.

3. PROPOSAL ACCEPTABILITY: Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award. The offeror is hereby advised that its proposal is presumed to represent its best and final offer in response to this solicitation.

4. SAFETY AND EXPERIENCE MODIFICATION RATE: All Offeror’s shall submit the following 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 EPA violation(s) in the past three years.

5. CLARIFICATIONS: Offeror may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposal. Request for such clarification information DOES NOT constitute discussions.

6. ENFORCEABILITY OF PROPOSAL:

a. The proposal must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g., key personnel, subcontractors, plans, etc.) will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval.

b. The offeror shall be held responsible for the validity of all information supplied in his/her proposal, including that provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected.

c. The Government reserves the right to reject any or all proposals at any time prior to award if such action is in the Government's best interest.

7. DETERMINATION OF RESPONSIBILITY: 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 OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above may result in a determination of “Non-Responsibility” for the offeror. Failure to submit this information may result in a determination of “Non-Responsive” for the offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the offeror ineligible for award.

Failure to furnish the required information above will be considered as Non-Responsive and will be cause for rejection and made ineligible for award.

8. PROPOSAL EVALUATION: The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. Award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price plus other factors considered. The Contracting Officer will award a firm fixed price contract to the responsive responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Contracting Officer has determined that the best suited procurement strategy is to solicit this requirement as a open market after exclusion of sources (small business set aside).

Proposals will be evaluated in accordance with the Evaluation Factors identified below. Technical Capability and Past Performance are equal and when combined are significantly more important than Price.

Evaluation Factor 1 – Technical Capability (Volume I) Evaluation Factor 2 – Past Performance (Volume I) Evaluation Factor 3 – Price (Volume II)

1. Evaluation Factor 1 – Technical Capability:

a. Subfactor 1 - Qualifications (Technical):

The offeror shall provide qualifications of proposed key personnel, to include Project manager, Onsite Superintendent, Site Safety and Health Officer (SSHO), and Contractor’s Quality Control (CQC) System Manager, per solicitation specifications. Information to include the following: Name of individual, position title, years with company, education background and narrative for the Project Manager and Onsite Superintendent describing one completed project similar in size and scope. Size is defined as a completed project over 5 million dollars. Scope is defined as is defined as a completed project involving phased construction work (demolition, earthwork, carpentry, HVAC, electrical, plumbing, communications, fire suppression) in an active patient care setting. Include the following:

A. Qualifications that include Project Manager with a minimum of 5 years of construction supervision experience and a narrative demonstrating one (1) completed project similar in size and scope.

B. Qualifications that include Onsite Superintendent with a minimum of 5 years of construction supervision experience and a narrative demonstrating one (1) completed project similar in size and scope.

C. Qualifications that include SSHO with the minimum experience as outlined in the construction specifications 01 35 26.

D. Qualifications that include CQC System Manager with the minimum experience as outlined in the construction specifications 01 45 00.

b. Subfactor 2 - Key Subcontractors (Technical):

The offeror shall provide list of proposed key subcontractors, to include at minimum, communications installations in accordance with Specification 26 05 11. Information to include the following: Name of company, location of their home office, trade(s) being provided, and the ability of the subcontractor to meet specification minimum requirements. Include all the following:

Provide all requested information in a clear and concise manner, demonstrating minimum specification requirements as outlined in specification 26 05 11.

c. Subfactor 3 - Project Execution (Technical) The offeror shall provide a draft schedule in accordance with solicitation specification 01 32 16.15 and the construction period of performance (see SF 1442 Block 11) that demonstrates a logical sequence of all divisions of work (mobilization through demobilization), the submittal process to include VA review, the procurement and installation of long lead items, anticipated shutdowns. Provide a phasing narrative that demonstrates the ability to meet phasing requirements outlined in solicitation specification drawing X-ES-103. Provide a narrative that demonstrates the ability to meet Occupational Safety and Health Administration (OSHA) standards, National Fire Protection Association (NFPA) and Veterans Administration (VA) requirements outline in solicitation specification 01 35 26. Include all the following:

Provide the project schedule, phasing narrative, and safety narrative that demonstrates the ability to meet solicitation specifications 01 32 16.15, 01 35 26 and drawing X-ES-103.

d. Evaluation Criteria The Narrative will be evaluated for completeness, thoroughness, and functionality. Pages beyond the limitation specified above will not be read or evaluated.

success with overall very low degree of risk in meeting Government’s requirements.

Disadvantages/weaknesses provide minimal offset if any. Where there were areas of concern, clarifications, if required, given by contractor fostered confidence in the contractor’s ability. Very good probability of success with overall low degree of risk in meeting the Government’s requirements.

required, given by contractor were acceptable. Good probability of success with overall low degree of risk in meeting the Government’s requirements.

any. Probability of success is poor and the overall degree of risk in meeting the Government’s requirements is moderate. Cannot award without discussions.

poor and the overall degree of risk in meeting the Government’s requirements is high. Cannot award without discussions

2. Evaluation Factor 2 – Past Performance The Past Performance is one indicator of an Offeror’s ability to perform the contract successfully. The currency and relevance of the information, sources of the information, context of the data, and general trends in the Prime Contractor’s performance will be considered in the evaluation. The evaluation will also take into account past performance information regarding individuals in key roles and named Subcontractors that will perform major or critical aspects of the project being solicited. The Past Performance information will be reviewed to determine the quality and usefulness as it applies to a performance confidence assessment. Evaluation Criteria are indicated below for Past Performance. Past Performance will be evaluated in accordance with FAR 15.305(a)(2). Recency and Relevancy and Confidence will be equally weighted.

a. Subfactor 1 Recency and Relevancy The SSEB will determine the relevance of similar Past Performance information submitted. The SSEB will evaluate the prior project information identified in Exhibit A and Exhibit B for relevance to the project being solicited. Relevancy of Past Performance will be determined based on the size, dollar value, complexity, conditions, and scope of the projects described in Exhibits A and B.

b. Subfactor 2 Confidence The SSEB will evaluate the degree of successful completion of the recent and relevant Past Performance identified in the proposal in response to submission requirements expressed in Volume I, Section 3, Past Performance, in Part 2 of the Instructions to Offerors, for the Prime Contractor and for the named Subcontractors/Teaming Partners. The SSEB will determine confidence based on how well the Past Performance work was performed. Information from the cited project references in the PPQs and Exhibit B written references will be utilized in the evaluation.

Documentation of satisfactory performance of projects similar in size, dollar value, complexity, conditions, and scope will be considered to have met the minimum requirements of the RFP. Projects that are not determined to be similar in size, dollar value, complexity, conditions, and scope may not be considered.

The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction as to quality, schedule, cost, and management. The Government may also use other tools including but not limited to CPARS, VetCERT, FEDDATACHECK, System of Award Management (SAM), and Source Selection Evaluator personal knowledge of the contractor to gather documentation on past performance.

Offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance and shall receive a neutral rating for Past Performance.

Information provided on problems encountered on the projects identified in Exhibits A and B and the corrective action taken shall be rated based on the confidence portrayed by references for each of the projects identified.

Data presented in the OSHA/EPA information and in the EMR certification, as well as liquidated damages assessments and other Past Performance considerations submitted will be considered in the confidence evaluation.

c. Evaluation Criteria

a. Evaluation Criteria Contractor Past Performance - Project Recency and Relevancy The following ratings apply to relevancy considering all the elements listed above for past performance:

VERY RELEVANT - Past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

RELEVANT - Past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

SOMEWHAT RELEVANT- Past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

NOT RELEVANT - Past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

NEUTRAL – No past/present performance provided/available.

In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's Past Performance information and adverse Past Performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.

b. Evaluation Criteria Contractor Past Performance – Confidence The SSEB will review the past performance information and establish a performance confidence assessment for each offeror using the ratings below:

SUBSTANTIAL CONFIDENCE – Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY CONFIDENCE – Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

LIMITED CONFIDENCE – Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

NO CONFIDENCE – Based on the offeror’s recent/relevant performance record, the Government has no expectations that the offeror will be able to successfully perform the required effort.

NEUTRAL - No current and/or relevant performance record is identifiable upon which to base a meaningful performance risk prediction. Government Personnel were unable to identify any relevant Past Performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment. Unknown Risk

3. Evaluation Factor 3 :Price The price will be evaluated by the Contracting Officer and may also include an Architect and Engineer firm representative review for reasonableness by using price analysis.

The Contracting Officer shall perform the Best Value Tradeoff using the evaluation factors along with price.

Discussions The Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions if deemed to be in the best interest of the Government. The Government reserves the right to clarify certain aspects of proposals or conduct discussions providing an opportunity for the offeror to revise its proposal. The Government reserves the right to reject any or all proposals at any time prior to award and to award the contract to other than the offeror submitting the lowest total price.evidenced by other competitive proposals) technical and functional capabilities of the offeror.

Evaluation: Best Value – Tradeoff Process Source Selection approach in accordance with FAR 15.101-1. To arrive at a Best Value decision, the Source Selection Authority, using the SSEB documentation, will integrate the evaluation of Technical, Past Performance, and Price. Technical and Past Performance are of equal weight, but when combined, are more important than Price.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

(End of Provision)

2.2 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)—

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract (e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract (e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract (e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405–5(b) and 19.301–2(b)(2)).

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.] (End of Clause)

2.3 52.223-20 AEROSOLS (MAY 2024)

(a) Definitions. As used in this clause— Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (https://www.epa.gov/snap/).

Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as—

(1) In-use emission rates, energy efficiency;

(2) Safety, such as flammability or toxicity;

(3) Ability to meet technical performance requirements; and

(4) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at https://www.epa.gov/snap/.

(End of Clause)

2.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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 construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 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)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

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

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

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

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

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

(End of Provision)

2.7 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:

Elijah McIntosh elijah.mcintosh@va.gov Hand-Carried Address:

1010 Delafield Road Pittsburgh PA 15215

Mailing Address:

Same as above

(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)

2.8 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of Provision)

2.9 52.246-26 REPORTING NONCONFORMING ITEMS (AUG 2024)

(a) Definitions. As used in this clause— Common item means an item that has multiple applications versus a single or peculiar application.

Counterfeit item means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.