36C24626B0005_1.docx

36C24626B0005

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.

36C24626B0005 X 36C24626B0005

VA-26-00012854

658-19-104 Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem

VA

24153 Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem

VA

24153 Bryant Guerrant 540 982-2463 Project Title: Upgrade HVAC System Phase II Project Number: 658-19-104 NAICS Code: 238220 - Plumbing, Heating and Air-Conditioning Contractors / SBA Size Standard: $19M IAW VAAR 836.204(g), Magnitude of Construction is between $5,000,000 and $10,000,000

THIS IS 100% SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS SET-ASIDE.

Project Description: Contractor shall provide all labor, material, equipment, and qualified supervision as necessary to perform work as described in the Drawings and Specifications for Project 658-19-104 Upgrade HVAC System Phase II at the Salem VA Medical Center (VAMC) located in Salem, Virginia 24153..

This contract will be awarded in accordance with FAR Part - 14 - Sealed Bidding

In accordance with established public law, all bidders are required to be registered and current in System for Award Management (SAM) at the time of award. The Official website of the U.S. Government at www.sam.gov.

This is a total Service-Disabled Veteran Owned Small Business (SDVOSB) set aside IAW 38 U.S.C. 8127 (d). SDVOSB is required to perform a minimum of 25% of the construction work on the project with its own labor force.

Prime SDVOSB shall comply with subcontracting limitation as defined in 13 CFR 125.6

Pre-Bid Conference/Site Visit: Thursday, December 11, 2025 @ 9:30AM EST; location for meeting will be in front side of Building 74 Cut-off date for RFI questions is: Thursday, December 18, 2025 @ 2:00PM EST; all questions shall be emailed to bryant.guerrant@va.gov - No telephone calls will be allowed.

Bid Due Date is: Wednesday, January 7, 2026 @ 10:00AM EST and Bid Opening will take place on MS Teams @ 1:00PM EST see attach information to dial-in to bid opening.

**ALL ELECTRONIC BIDS SHALL BE SUBMITTED ONE (1) DAY PRIOR TO PUBLIC BID OPENING DATE, TUESDAY, JANUARY 6, 2026, BEFORE

5:00PM EST TO BE ACCEPTED**

X X 52.211-10 X 1 email pdf

10AM

EST

01-07-2026 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

BID ITEM I (Base Bid) $____________________________ Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem

VA

24153 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 512-460-5049 512-460-5221

The contractor shall perform construction as defined in the drawings and specifications as part of this contract to demolish, modify existing systems, and install a new mechanical system to heat, cool, ventilate, and exhaust the second floor HVAC System located in Building 143 at the Salem VA Medical Center.

ITEM I, GENERAL CONSTRUCTION: Work includes general construction, alterations, selective demolition, and certain other items as indicated in the drawings and specifications for Project 658-19-104 Replace HVAC Phase II. Project will remove five (5) existing AHU’s and replacement with three (3) new AHU’s and supporting equipment in 2H and 2J Specialty care Clinics in Building 143. Project includes demolition of all radiant panels throughout the second floor of Bldg 143, repair/upgrade/replace duct work and all other associated components to provide an air handling and distribution system complete with a zoned VAV system with reheat coils.

Period of Performance is three hundred sixty-five (365) calendar days from issue of SOW 658-19-104 Upgrade HVAC Systems Phase II Notice to Proceed.

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

A Bid Guarantee is required in IAW FAR clause 52.228-1. Refer to this clause for requirements.

Payment and Performance bonds are required soon after award and before issuance of a Notice to Proceed. Refer to clause 52.228-15 incorporated into the solicitation.

BONDING INFORMATION

BID GUARANTEE: A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, shall require rejection of the bid in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard Form 24 (see FAR 28.106-1) and contain the proper solicitation number, bid opening date, and be from a corporate surety listed in Department of Treasury Circular 570. Individual sureties must be acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Electronic copies of the original are allowed.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

BID ITEM I:

The Contractor shall furnish all labor, materials, tools, equipment, transportation and qualified supervision necessary to Upgrade HVAC Phase II as described in the contract drawings and specifications for Project 658-19-104 Upgrade HVAC Phase II at the Salem VA Medical Center (VAMC), Salem, Virginia.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

BIDDING MATERIALS: Bidding materials, including drawings, specifications, contract forms, and any issued amendments, will be posted on the Government Portal of Entry (GPE). Currently accessed here: https://sam.gov. Enter the solicitation No. (SF 1442/Box 1) into the. search box to access the bid materials. This is the only official location where these documents can be obtained and where official amendments are posted. No ‘hard copy’ bidding materials are available.

BID DUE DATE: Wednesday, January 7, 2026 @ 10:00AM EST

BID SUBMISSION: This solicitation is an Invitation for Bids (IFB) and will follow sealed bidding procedures in accordance with FAR Part 14 Sealed Bidding.

A public bid opening will be conducted via MS Teams conference call. It will be held on Wednesday, January 7, 2026, @ 1:00PM EST

***ALL ELECTRONIC BIDS SHALL BE SUBMITTED ONE (1) DAY PRIOR TO PUBLIC BID OPENING DATE OF TUESDAY, JANUARY 6, 2025, BEFORE 5:00PM EST TO BE ACCEPTED.***

Use the following call-in information. If the data changes, it will be posted with the final amendment to the solicitation.

Microsoft Teams Need help?

Join the meeting now Meeting ID: 250 187 862 332 8 Passcode: 3C7zj2Q6

Dial in by phone +1 872-701-0185,,87488629# United States, Chicago Find a local number Phone conference ID: 874 886 29# For organizers: Meeting options | Reset dial-in PIN

Physical bids will not be accepted.

The following documents are to be included in the bid submission:

1. An original, fully completed and signed SF 1442 Offer page.

2. Acknowledgment of any amendments issued either by completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page.

3. An original, fully completed bid schedule. The Base Bid amount for the entire project is entered in block 17 of the SF 1442 Offer page.

4. A completed and signed SF 24 Bid Bond (electronic version acceptable).

5. A completed and signed copy of VAAR clause 852.219-75 - VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION).

6. A completed and signed copy of FAR 52.219-28 - POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (FEB 2024), if the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract.

SITE VISIT (CONSTRUCTION): An organized site visit has been scheduled for—

Thursday, December 11, 2025 @9:30AM EST

Participants will meet at—

Front side of Building 74

PROJECT INFORMATION

PROJECT NO: 658-26-102

TITLE: Upgrade HVAC System Phase II LOCATION: Veterans Affairs Medical Center, Salem, Virginia 24153 MAGNITUDE OF CONSTRUCTION: VAAR 836.204 (g): Between $5,000,000 and $10,000,000

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM: (NAICS): 238220 – Plumbing, Heating and Air-Conditioning

Product Service Code: Z1DA – Maintenance of Hospital and Infirmaries

SMALL BUSINESS SIZE STANDARD: $19M

PERIOD OF PERFORMANCE: 365 calendar days from receipt of Notice to Proceed (NTP)

WAGE DETERMINATION: Department of Labor General Decision Number VA20250172 9/19/2025 modification #3 is included as an attachment to this solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage determinations are available at: https://sam.gov.

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI utilizing the RFI Form attached to this Solicitation, send via email to bryant.guerrant@va.gov. The subject line of the email must read ‘RFI – Solicitation #, project title, Project #”. RFIs must be specific, identifying the section, paragraph, and page no. of the specifications or cite the drawing number, and must be in question format. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be posted to https://sam.gov as necessary in amendment format.

Deadline for submission of RFIs for this solicitation is Thursday, December 18, 2025 by 2:00PM EST. No questions will be answered after this date unless determined to be in the best interest of the Government, as deemed by the Contracting Officer. Telephone requests for information will not be accepted or returned.

PREPARATION OF BIDS/OFFERS/PROPOSALS: Neither the VAMC nor the NCO will pay for any costs incurred in preparation and submission of bids or proposals.

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Federal Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system. Warning: FAR 4.1102(a) requires be registered in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements. If a bid is received and bidder is not registered as required, the bid will be considered non-responsive and therefore not eligible for award.

THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at www.sam.gov for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

VETS-4212 FEDERAL CONTRACTING REPORTING SYSTEM: Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. The rules and regulations can be found here: VETS-4212. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S. Code, Section 4212, codified at 41 CFR Section 61-300. Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process.

LIMITATION ON SUBCONTRACTION (Reference Contract Clause FAR 52.219-14 (e): Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by Salem VA Medical Center:

· New Year’s Day – 1 January

· Martin Luther King’s Birthday – Third Monday in January

· Presidents Day – Third Monday in February

· Memorial Day – Last Monday in May

· Juneteenth/Freedom Day – June 19

· Independence Day – 4 July

· Labor Day – First Monday in September

· Columbus Day – Second Monday in October

· Veterans Day – 11 November

· Thanksgiving Day – Fourth Thursday in November

· Christmas Day – 25 December

· Any other Federal Holiday granted by the President of the United States

SECURITY

BACKGROUND INVESTIGATIONS: All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.

Levels and associated types of Background Investigations:

· If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.

· If the project requires that workers require un-supervised, logical and/or physical access for 180 consecutive or aggregate days in a 365-day period, over a 3-year period, a background investigation is required (Special Agency Check (SAC)) which must be completed prior to being allowed access.

· If the project requires that workers have un-supervised, full-time, logical, and/or physical access for more than 6 months or more than 180 aggregate days in a one-year period, a background investigation is required (Special Agency Check and National Agency Check with Written Inquiries (NACI)) and access is not allowed until a favorable SAC All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract in order to recoup the investigation costs. The current cost for a SAC is $25.00 per employee and the current cost for a NACI check is $177.00 per employee (subject to change at any time).

MEDICAL CENTER ACCESS: Anyone participating in the site visit, or for any other reason that involves visiting the medical center related to this solicitation, must have a valid ID on your person and your vehicle must be properly registered and insured. Visitors are prohibited from possessing weapons while on a federal installation (See 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities). Handheld cellphone use or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.

TRAINING: Effective July 1, 2005, all employees of the special contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The Special Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

PRIVACY TRAINING: All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative.

PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer. The C&A requirements do not apply, and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).

VHA DIRECTIVE 1192.01: The Construction Contractors’ representatives performing construction activities at the Salem VA Medical Center validate that the following additional requirements are in place before starting construction activities on campus:

Annual influenza shot is required for all staff performing work on campus. Contractor badge must be obtained and worn by the contractor or representative at all times while on campus. The contractor will validate in writing via a signed memo to the Contracting Officer that the above items are being done as part of the bid package. No Personally Identifiable Information (PII) will be collected. Seasonal influenza with Vaccines (VHA Directive 1192.01)

Health Care Personnel (HCP). HCP are individuals who, during the influenza season, work in VHA locations or who come into contact with VA patients or other HCP as part of their duties. VHA locations include, but are not limited to, VA hospitals and associated clinics, community living centers (CLCs), community-based outpatient clinics (CBOCs), domiciliary units, Vet centers and VA-leased medical facilities. HCP include all VA licensed and unlicensed, clinical and administrative, remote and onsite, paid and without compensation, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, researchers, volunteers and health professions trainees (HPTs) who are expected to perform any or all of their work at these facilities. HPTs may be paid or unpaid and include residents, interns, fellows and students. HCP also includes VHA personnel providing home-based care to Veterans and drivers and other personnel whose duties put them in contact with patients outside VA medical facilities.

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS: The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, OR PROJECT MANAGER: Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project Manager”, or their abbreviations are to be replaced with “Contracting Officer’s Representative (COR)”.

PAYMENT FOR MATERIALS STORED OFF-SITE: Payment in advance of installation for materials stored off-site is not authorized under this contract.

PRECONSTRUCTION CONFERENCE

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

CONTRACTOR RESPONSIBILITY: Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration to the Government for additional time granted for completion of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

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 52.233-2 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:

Patrick Stultz Bryant Guerrant Hand-Carried Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153 Mailing Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153

(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. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision)

2.8 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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant.