36C24526B0002_1.docx

36C24526B0002

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.

36C24526B0002 X 11-21-2025 540-24-104 Department of Veterans Affairs Network Contracting Office 5 (NCO 5) 90C

NCO 5

1540 Spring Valley Dr.

Huntington

WV

25704

Aaron Morrison 304-429-6741 x2432 The contractor shall provide all resources necessary to accomplish a construction project titled "Construct Mobile Imaging Pad" Project 540-24-104 described per the provided specifications and drawings. The project scope includes:

construction of the Mobile Imaging Pad specified in the SOW, specs, and drawings provided. Prior to commencing work, gerneral 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: Construct Mobile Imaging Pad Project Number: 540-24-104 Attachments: Drawings/Specifications, General Conditions, ICRA/PCRA, Wage Determination

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.

IAW FAR 36.204 the magnitude for construction for this project is between $500,000 and $1,000,000.

It is strongly recommended that bidders send a representative to attend the pre-bid site visit on December 2, 2025 at 1pm EST. at the VA Medical Center, FMS Building, 1 Medical DriveClarksburg, WV 26301. We will meet outside of the FMS Building. Individual site visits will not be conducted.

This is a 100% Service-Disabled Veteran Owned Small Business Set-Aside pursuant to 30 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 1pm EST. December 31, 2025 in the FMS Building 8 located at 1540 Spring Valley Dr.

Huntington, WV 25704. Electronic submissions will not be accepted. A single award will be made to the responsive/responsible bidder whose bid, conforming to be invitation, will be most advantageous to the government, considering only bid price. Award shall not be made until all required approvals have been obtained and award otherwise conforms to FAR 14.103-2.

X 52.211-10 X

1PM

EST

12-31-2025 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

Bid Item 1 (BASE BID) $___________________________

19ACQ

Department of Veterans Affairs Network Contracting Office 5 (NCO 5) Satelite Office 1540 Spring Valley Drive Huntington

WV

25704

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

Aaron Morrison

Table of Contents

SCOPE OF WORK

1. PROJECT DATA:

a) TITLE: “Construct Mobile Imaging Pad”

b) BUILDING/FACILITY: Bldg. 1 NW Entrance

c) PROJECT NO: 540-24-104

d) CONSTRUCTION DURATION: 186 Days

2. GENERAL SCOPE:

Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, furnish labor/materials and perform work for LAJVAMC Clarksburg Mobile Pad as required by drawings and specifications. This project shall take place within an active medical center and exterior work as well. The contractor shall comply with all Medical Center policies for interior and exterior work.

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.

3. 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.

4. DETAILED REQUIREMENTS:

1. Concrete Pad Construction: A concrete pad will be constructed to accommodate the mobile imaging trailer in compliance with the provided specifications and drawings.

2. Utility Connections: Necessary utility connections (electrical, water, sewage, communications) will be installed in compliance with the provided specifications and drawings.

3. Interior Work: Equipment rooms and utility connections will be constructed or repurposed as required in compliance with the provided specifications and drawings.

4. Exterior Work: Exterior improvements such as concrete work, lighting, and drainage systems will be implemented in compliance with the provided specifications and drawings.

5. Compliance and Safety: Standards Compliance: Ensure all construction work adheres to VA construction standards, local building codes, and relevant safety regulations. All work must be completed per the provided specifications and drawings.

6. Permits and Inspections: Obtain all necessary permits prior to commencement of work and schedule inspections as required to ensure compliance.

7. Safety Measures: Implement appropriate safety measures including PPE for workers, fencing around the construction site, and clear signage.

8. Quality Assurance: Conduct regular quality checks during construction to ensure all work meets the specified standards.

5. 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. Contractor 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.

November 21, 2025

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 36C24526B0002. 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 a 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 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.

(d) Disclosure of the magnitude of construction: Between $500,000 and $1,000,000.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Instructions, Conditions and Other Statements to Bidders:

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

(f) 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.

(g) A formal site visit is scheduled for this solicitation on December 2, 2025, at 1:00 p.m. EST.

(h) Technical Questions: Questions of a technical nature must be provided in writing and shall be submitted by prospective bidders to attention: Aaron Morrison. Questions shall be submitted only via e-mail to: aaron.morrison@va.gov . The subject line must read: 36C24526B0002 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 1:00 p.m. EST, December 9, 2025. 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.

(i) 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.

(j) 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.

An award will be made with reasonable promptness to the responsible bidder, whose bid, conforming to the invitation for bids, will be most advantageous to the government, considering only bid price and any price related factors included in the invitation. Award shall not be made until all required approvals have been obtained in accordance with FAR 14.103-2.

(k) All respondents must be registered in the System Award Management System (SAM) data base at time of bid submittal. Offerors must be verified in the Department of Veterans Affairs (VA), Center for Veterans Enterprise (CVE) at http://www.vetbiz.gov/ at time of bid offering in accordance with Veterans Affairs Acquisition Regulation (VAAR) Subpart 819.7003(b) . Any offeror not CVE or SAM verified at time of bid submittal will be disqualified and bid will be rejected.

(l) Limitations on Subcontracting - Monitoring and Compliance This solicitation includes (VAAR) 852.219-75, VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction. 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.

(m) 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.

(n) A public bid opening will take place at 1:00 p.m. on December 31, 2025, at the Contracting Offices located at 513 Rosebud Plaza Clarksburg, WV 26301.

(o) VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

BIDDERS ARE REQUIRED TO COMPLETE AND SUBMIT THE FOLLOWING STATEMENT

(p) 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 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

2.2 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)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.4 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)

2.5 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 Million, 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:

Hand-Carried Address:

Hershel Woody Williams VA Medical Center

1540 Spring Valley Drive Bldg. 8 Huntington WV 25704 Mailing Address:

Hershel Woody Williams VA Medical Center

1540 Spring Valley Drive Bldg. 8 Huntington WV 25704

(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 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— 12/2/2025 1pm EST.

(c) Participants will meet at— Clarksburg FMS Building (End of Provision)

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

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

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

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

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

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

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

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

2.12 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)

(a) Additive or deductive line items in the bid schedule shall be evaluated to determine the low offeror and the items to be awarded. The evaluation shall be made as follows—

(1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.

(2) The low bid shall be the Bidder that—

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base line item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive line items that provide the most features within the funds determined available.

(3) All bids shall be evaluated on the basis of the same additive or deductive line items.

(i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities; and

(ii) Add that next item if an award may be made that includes that line item and is within the available funds.

(b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if—

(1) It is in the best interest of the Government;

(2) Funds are available at the time of award; and

(3) The low offeror’s price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

(c) Example: ‘‘The amount available is $100,000. Offeror A’s base bid and four additives (in the order stated in the list of priorities in the bid schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B’s base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A’s bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.’’ (End of Clause)

2.13 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

(a) Any offeror responding to this solicitation must comply with established VA Information and Communication Technology (ICT) (formerly Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 852.239–75, Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit appropriate VA Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist VA acquisition and program officials in determining whether proposed ICT supplies, or information, documentation and services conform to applicable Section 508 accessibility standards. The checklists allow offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

(c) Respondents to this solicitation must identify any exception to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of Provision)

2.14 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2025) (DEVIATION FEB 2025) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is 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.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual…