36C24526B0001_1.docx

36C24526B0001

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.

36C24526B0001 X 03-25-2026 540-18-102 Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199

Rebecca Besten 304 623 3461 Contractor shall provide all labor, materials, equipment, and supervision necessary for the completion of Project Number 540-18-1020 "Renovate Pharmacy for USP 800 Compliance" at the VA Medical Center, Clarksburg, WV in accordance with the solicitation documents. This project will include general construction, alterations, compliance with infection control measures, and necessary removal of existing structures. Prior to commencing work, general contractor shall provide proof that an OSHA Certified "Competent Person" CP (29CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present.

Project Name: Renovate Pharmacy for USP 800 Compliance Project Number: 540-18-102 Attachments:

(1 & 2) Specifications (3) Drawings (4) Wage Rates (5) PCRA (6) Limit on Subcontracting Form

The solicitation and any amendments are available electronically on the SAMS Website (http:/www.sam.gov).

Bidders are cautioned that it is their responsibility to access the website for any amendments that may be issued under this solicitation. Pricing shall be submitted utilizing the bid schedule included in the solicitation.

All requests for information about this solicitation must be in writing and received prior to 4:00 p.m.

April 13, 2026 to allow for amendment issuance prior to bid due date. Requests for information shall be submitted via email to Rebecca.Besten@va.gov and include return contact information including email and telephone number.

IAW VAAR 836.204 the magnitude for construction for this project is between $2,000,000 and $5,000,000

It is strongly recommended that bidders send a representative to attend the pre-bid site visit on Wednesday April 1, 2026 at 2:00 p.m. at the VA Medical Center, Engineering Building 7, Clarksburg, WV.

Individual site visits will not be conducted.

This is a 100% Service-Disabled Veteran Owned Small Business Set-Aside pursuant to 38 USC 8127 (d) and PL 109-461.

The SDVOSB status must be verified prior to submitting a bid in accordance with VAAR 819.7003.

Contractors are reminded that they are responsible for obtaining required State and Local Licenses as well as the payment of local Business and Occupation (B&O) Taxes.

A public bid opening will be held at 3:00 p.m. Tuesday April 28, 2026, in the Contracting Offices at 513 Rosebud Plaza, Clarksburg, WV 26301.

496 Days X X 52.211-10 X one

3PM

EST

04-28-2026 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

19ACQ

Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (19ACQ) 1 Med Center DR Clarksburg WV 26301-4199

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 Rebecca Besten

VA-VHA-RPOE-2022-23571

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Construction to Upgrade Pharmacy to USP 800 Standards Project 540-18-102 Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

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STATEMENT OF WORK

36C24526B0001

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1. GENERAL SCOPE:

This project will update the existing inpatient pharmacy mixing rooms to USP 800 standards. Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work to bring the basement Inpatient Pharmacy into compliance with USP 800 standards at the Louis A. Johnson VAMC (LAJVAMC) located in Clarksburg WV. All work shall be conducted per the requirements of the drawings and specifications. This project shall take place within an active medical center and contractor shall comply with all Medical Center policies. Work hours shall be (7:00am-7:00pm) Monday Through Friday. Outages shall be scheduled on Weekends (times to be coordinated with COR and MC staff). Requests for work outside of these times shall be made to the Contracting Officer’s Representative at least 72 hours in advance.

The Contractor shall be responsible for all labor, materials, equipment, and tools necessary to complete this work. The contractor shall clean the work area daily and secure all tools for patient safety. The duration of this project is 496 days.

2. GENERAL CONDITIONS AND DEFINITIONS:

1. COR: Contracting Officer’s Representative. V.A. employee of VAMC Facilities Management Service officially assigned to act as Project Manager and Inspector on behalf of VAMC and Contracting Officer. COR shall be “First Point of Contact” on all matters concerning contract work for subject Project.

2. Coordinate all administrative and construction requirements exclusively with or through assigned COR of VAMC Facilities and Engineering Service; and. neither discuss contract work with, nor take any directives concerning contract work from any other person than COR unless specifically permitted and authorized to do so.

3. PROVIDE: Whenever used throughout Scope of Work, term “Provide” is to be understood to mean -Purchase newly manufactured; Furnish delivered to VAMC work site in protective containers; Secure from tampering or theft; and Install in accordance with Contract Scope of Work, Drawings, Specifications, and Manufacturer’s Instructions all required items of administrative submittals, labor, demolition, construction, equipment items, and installation works for entirety of Contract.

4. Definition of Terms Remove and Demolish with respect to subject project work:

A. Remove - shall be understood to mean that existing object or system shall be carefully disassembled or dismounted in serviceable condition, without being damaged, shall remain VAMC property, and be either turned-over to VAMC, or stored as directed, all with intention of remounting or reusing item again in future.

B. Demolish - shall be understood to mean that existing object or system shall be carefully broken-up or torn-down, using most conservative demolition methods possible, all to avoid causing excessive dust or noise in hospital environment. Demolished objects or systems shall no longer remain VAMC property and shall be hauled away from VAMC on same day as demolition, and disposed of in accordance with Federal, State, and Local Statutes.

5. Remove all debris and clean work site immediately upon completion of daily activities.

6. All construction shall correspond to this Scope of Work. If the Contractor finds any discrepancies between this Scope of Work and existing conditions, the Contractor shall bring it to the attention of the VA COR before the continuation of work.

3. DETAILED REQUIREMENTS:

1. Site Preparation: Conduct a thorough site assessment to identify all existing structures and utilities per the construction drawings and specifications.

A. Clearly mark and isolate areas designated for demolition to ensure safety and minimize disruption to other hospital operations, as specified in the construction documents.

B. Remove all existing structures, fixtures, and materials as per the demolition plan outlined in the drawings.

C. Dispose of demolished materials in accordance with local regulations and environmental standards and as specified in the construction documents.

D. Prepare the site to support construction activities, ensuring a secure and conducive environment for workers and stakeholders, per the construction specifications.

2. Demolition and Removal: Develop and follow a detailed demolition plan per the construction drawings and specifications, ensuring minimal disturbance to ongoing hospital operations.

A. Safely disconnect and remove all utilities within the project scope, including electrical, plumbing, and HVAC systems, as specified in the construction documents.

B. Utilize appropriate equipment and techniques for demolishing structures while adhering to safety protocols specified in the construction drawings.

C. Conduct air quality monitoring to ensure the safety of staff and patients from dust and debris, as outlined in the construction specifications.

D. Ensure proper disposal of hazardous materials, following EPA regulations and hospital protocols, as per the construction documents.

3. Construction and Compliance: Renovate the existing Inpatient Pharmacy according to the construction drawings and specifications.

A. Flooring: Install non-porous, chemical-resistant flooring suitable for pharmacy use, as specified in the construction documents.

B. Walls: Construct smooth, non-absorbent walls with an epoxy finish to prevent contamination, as detailed in the construction specifications.

C. Ceilings: Use ceiling systems designed to prevent particle shedding and facilitate easy cleaning, as per the construction drawings.

D. Lighting: Install sufficient lighting to meet USP 800 standards, ensuring proper visibility for compounding tasks, as specified in the construction drawings.

E. HVAC: Implement an HVAC system with appropriate filtration (HEPA) and maintain negative/positive pressure requirements in designated areas, as specified in the construction documents.

F. Plumbing: Retrofit plumbing systems to ensure proper drainage and chemical waste handling, as detailed in the construction specifications.

4. Conversion of Shell Space: Convert adjacent shell space into functional Inpatient Pharmacy areas as required by the construction drawings and specifications.

5. Temporary Containment Segregated Compounding Area (C-SCA): Convert an office on the 6th floor into a temporary C-SCA, meeting all USP 797 & 800 requirements as outlined in the construction drawings and specifications.

A. Containment: Ensure the C-SCA maintains required isolation from other hospital areas, as specified in the construction drawings.

B. Air Handling: Install dedicated, high-efficiency air filtration systems (HEPA) and ensure proper exhaust to the 6th-floor roof, as detailed in the construction specifications.

C. Pressure: Maintain appropriate pressure differentials as specified in USP 797 & 800, per the construction drawings and specifications.

D. Surface: Utilize non-porous, easily cleanable surfaces for all construction materials, as specified in the construction documents.

E. Document and track all materials used, including providing Material Safety Data Sheets (MSDS) for hazardous substances, as detailed in the construction specifications.

6. Regulatory Compliance: Ensure all construction activities and modifications adhere to local, state, and federal regulations, per the construction drawings and specifications.

4. SAFETY PRECAUTIONS

A. Contractor shall comply with all applicable Federal, State, and local legal requirements regarding workers’ health and safety. The requirements include but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926. Contractor is solely responsible for determining the legal requirements that apply to activities and shall ensure safe and healthful working conditions for its employees.

B. Contractors shall assume the responsibility to guard against causing of fires and/or explosions and to protect Government Property.

C. Contractor shall perform the work in a manner consistent with the area security and fire safety regulations, especially regarding exits and exit way access. Utility shutdowns shall not compromise security, communication, or fire safety for occupants.

D. No flammable liquids shall be stored or used in the VA facility.

E. The necessary number and appropriate types of portable fire extinguishers are required per National Fire Protection Agency (NFPA) 10 and NFPA 241.

END OF SCOPE OF WORK

Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of drawings, specifications and contract forms may be obtained by general (prime) contractors interested in submitting bids direct to the Department of Veterans Affairs and by suppliers and subcontractors for their use in preparing sub-bids for general (prime) contractors from the SAM website www.sam.gov under solicitation number 36C24526B0001. By registering at SAM, prime contractors, suppliers and subcontractors will have access to download plans, specifications and amendments

(b) A Bid Guarantee is required for this solicitation. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00 Bid Bond is to be executed on SF 24. Failure to furnish the required bid guarantee on 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.

(c) The bidder to whom award is made will be required to furnish two (2) bonds, a Payment Bond to be executed on 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 SF 25 and SF 25A can be obtained upon application to the issuing office

(d) Disclosure of the magnitude of construction: Between $2,000,000 and $5,000,000.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Instructions, Conditions and Other Statements to Bidders:

(a) Pricing shall be submitted utilizing the Bid Schedule, Continuation of Block 17 of SF-1442. Bidders are urged to type or print pricing legibly.

(b) Offers are to be valid for 120 calendar days for acceptance. Any offers less than 120 calendar days will not be considered and will be rejected as non-responsive.

(c) A formal site visit is scheduled for this solicitation on April 1, 2026 at 2:00 p.m. EST. at the VA Medical Center, Clarksburg, Engineering Building 7 Conference Room.

(d) Technical Questions: Questions of a technical nature must be provided in writing and shall be submitted by prospective bidders to attention: Rebecca Besten. Questions shall be submitted only via e-mail to: rebecca.besten@va.gov. The subject line must read: 36C24526B0001 Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. All questions must be received no later than 4:00 p.m. EST. April 13, 2026. No telephone request will be honored. Any questions received after this time will NOT be considered and a response will NOT be given. All technical questions and Government responses will be posted on SAM in an amendment to the solicitation.

(e) Bidders whose bid contains a Teaming Agreement must provide the following information at time of bid:

· Legal name of company that will be teaming with the bidding firm

· Legal address of the company that will be teaming with the bidding firm

· Duns & Bradstreet number of the company that will be teaming with the bidding firm

· Copy of the System Award Management (SAM) document of the company that will be teaming with the bidding firm.

· Bidding firm must submit a narrative identifying exactly how the Teaming Agreement will be written defining each party’s role in the preparation process and clearly defines separate roles for the proposed prime contractor and for the proposed subcontractor and how the proposed bidder intends to totally control contract performance. The teaming subcontractor must not have a role in contract management, particularly, a role where the teaming subcontractor employees are the key personnel. The narrative needs to contain the listing of team members, responsibilities of the team members, duration, and responsibilities of the team lead contractor. All bonds must be in the bidder’s name. Failure to provide complete narrative describe above at time of bid will be considered non-responsive and their bid will be rejected.

Prior to award, should the lowest bidder indicate their bid contains a Teaming Agreement, the bidder has ten (10) calendar days to provide a duly executed Teaming Agreement acceptable to the Contracting Officer once the bidder is notified in writing. Failure to provide a duly executed Teaming Agreement within the required ten (10) calendar day timeframe will result in non-responsive bid and rejection of that bid.

(f) Safety or Environmental Violations and Experience Modification Rate

“All Bidders/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 bidder/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.

All Bidders/Offeror’s shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/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. Note: 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 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 bidder/offeror. Failure to submit this information may result in a determination of “Non-Responsive” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

All bidders shall meet reporting requirements to be in compliance with VETS 4212 as outlined within the solicitation and as prescribed in FAR 52.222-37. Failure to furnish the required information will be considered as Non-Responsive and will be cause for rejection.

(g) All respondents must be registered in the System Award Management System (SAM) data base at time of bid submittal. Offerors must also be verified in the Small Business Administration Vet Cert Data Base at https://veterans.certify.sba.gov at time of bid offering in accordance with Veterans Affairs Acquisition Regulation (VAAR) Subpart 819.7003(b). Any offeror not verified at the time of bid submittal will be disqualified and bid will be rejected.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

(h) Limitations on Subcontracting - Monitoring and Compliance This solicitation includes (VAAR) 852.219-73, VA Notice of Service-Disabled Veteran-Owned Small Business Set- Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(i) Infection Control Requirements.

Prior to issuance of the notice to proceed an approved Infection Control Risk Assessment (ICRA) plan must be submitted and approved. The plan will be strictly enforced to also include the completion of infection control training.

(j) A public bid opening will take place at 3:00 p.m. on Tuesday April 28, 2026, at the Contracting Offices located at 513 Rosebud Plaza, Clarksburg, WV 26301.

(k) Electronic submission or facsimile transmitted bids will not be accepted.

BIDDERS ARE REQUIRED TO COMPLETE AND SUBMIT THE FOLLOWING STATEMENT

Contractor Certification: The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

The Contractor agrees to obtain a similar certification from its subcontractors.

Signature: ____________________________________________ Date: ____________________________________________ Typed Name and Title: ___________________________________ Company Name: ______________________________________

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

2.1 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)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) (a)(1) The offeror must notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror must request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror must request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

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

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

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

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

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

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Rebecca Besten

Hand-Carried Address:

Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 513 Rosebud Plaza Clarksburg WV 26301-4199 Mailing Address:

Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199

(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)

2.7 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.