36C24626Q0229.docx

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.

36C24626Q0229 X 12-19-2025 658-26-123 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Daniel Spaulding 757-722-9961 x87144 Project 658-26-123 Replace Fire Pump Controller Location: Work will be performed at the Salem VA Medical Center located in Salem, Virginia. See Statement of Work and Specifications.

This is a request for quotes (RFQ) under RFO FAR Part 12 procedures. This solicitation is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs).

NAICS: 238220, Plumbing, Heating, and Air-Conditioning Contractors (SBA Size Standard: $19.0m annual revenue) PSC Code: Z1DA, Maintenance of Hospitals and Infirmaries

A Site Visit is scheduled for:

Monday, December 29, 2025, at 10:00AM Eastern Time Location: Salem VA Medical Center Entrance Lobby of Building 74 1970 Roanoke Blvd Salem, VA 24153

All questions regarding this RFQ are due by 05:30PM Eastern Time on Tuesday, December 30, 2025.

All Quotes are due by 05:30PM Eastern Time, Friday, January 9th, 2025.

See Section entitled "SPECIFIC INSTRUCTIONS TO OFFERORS AND EVALUATION CRITERIA".

The Buy American Act applies to this solicitation and any resulting award, as evidenced by the inclusion of FAR clause 52.225-9 Buy American-Construction Materials. Ensure that quotes comply with the clause and related regulation.

Clauses and provisions not appearing in full-text are incorporated by reference.

This solicitation incorporates the following specification sections by attachment:

658-26-123_01 45 00 Quality Control 658-26-123_Section 01 00 00 General Requirements 658-26-123_Section 01 35 26 Safety Requirements 658-26-123_Section 01 57 19 Temp Enviro Controls 658-26-123_Section 01 74 19 Const Waste Management

Offerors shall ensure they complete and submit VAAR clause 852.219-75 with their offer to be considered for award.

X X 52.211-10 X

05:30PM

EST

01-09-2026 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER

THAN

FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221

Table of Contents

A.3 STATEMENT OF WORK

STATEMENT OF WORK (SOW)

Fire Pump Controller & Jockey Pump Replacement – Building 143 Department of Veterans Affairs – Salem VA Medical Center Prepared By: Jonathan Owens, FMS Project Manager Date: November 6, 2025 Location: Salem VA Medical Center – Salem, VA 24153 Project Number: 658-26-123

1. PROJECT DESCRIPTION

This project includes the replacement of the Fire Pump Controller, Jockey Pump, and associated components in Building 143 at the Salem VA Medical Center. These upgrades are required to maintain compliance with NFPA 20, NFPA 101, and VA safety and operational standards.

2. CONTRACTOR TASKS

The contractor shall:

· Remove existing fire pump and jockey pump controllers, sensing lines, and casing relief piping

· Install new fire pump and jockey pump controllers

· Reconnect electrical service

· Install new jockey pump, sensing lines, isolation valves, and casing relief piping

· Ensure proper air gap and piping supports for drain piping

· Wire new fire pump controller to the fire alarm panel

· Remove old controllers and associated materials from the site

· Perform an acceptance test after the start-up of the controller.

· Complete all work within two (2) consecutive shifts to accommodate fire watch requirements

3. TECHNICAL SPECIFICATIONS

· Fire pump controller must include:

· Digital readouts (voltage, amperage, frequency)

· USB port and 3,000-event recorder

· Surge arrestors and remote monitoring terminals

· Jockey pump must be rated for a minimum of 60 GPM

· All valves must be OS&Y type

· Circulation relief valve must be brass, spring-loaded, and discharge to atmosphere

· Installation must not obstruct egress paths

4. CONTRACTOR RESPONSIBILITIES

4.1 General Compliance

· NFPA 20, NFPA 101, NEC, IPC, OSHA

· VA Master Specifications and Design Manuals

· VA TIL standards (www.cfm.va.gov/til)

4.2 Qualified Personnel

· All installers must be licensed and experienced in fire pump systems

· Provide documentation of at least three (3) similar projects completed within the last five years

· Submit names and contact information for references

4.3 Submittals

· Manufacturer cut sheets and equipment data

· As-built drawings

· Startup and testing reports

· Warranty documentation

· Equipment maintenance schedule

· Commissioning documentation per Section 22 08 00

4.4 Testing & Commissioning

· Startup must be performed by a factory-authorized representative.

· Perform an acceptance test after the start-up of the controller.

· Testing must be witnessed by the COR and Commissioning Agent (CxA)

· Provide a minimum of 10 working days’ notice prior to startup

· Submit all test results and certifications 10 working days prior to final inspection

4.5 Coordination

· Coordinate all work with VA Engineering and affected departments

· Provide two (2) weeks’ notice for any utility shutdowns

· Work must be scheduled after hours or on weekends if it affects patient care

5. GOVERNMENT FURNISHED PROPERTY

· No tools, equipment, or materials will be provided by the Government

6. USE OF FACILITIES

· The COR will designate areas for staging, storage, and restrooms

7. PACKAGING & SHIPPING

· Contractor must inventory all delivered materials

· Maintain delivery records

· Dispose of packaging per VA/local regulations

8. PLACE OF PERFORMANCE

· Salem VA Medical Center, 1970 Roanoke Blvd, Salem, VA 24153

· Building 143 – Fire Pump Room

9. PERIOD OF PERFORMANCE

10. INVOICING

Submit via VA e-Invoice System Include:

· Invoice date, contract number, PO number

· Contractor name, invoice number

· CLIN and amount billed

· Date of service

11. ADMINISTRATION

· Only the CO may approve changes

· The COR oversees technical compliance

· A Letter of Designation will be issued to the COR

12. QASP

· The Government will use a Quality Assurance Surveillance Plan

· Finalized post-award and updated as needed

13. SPECIAL REQUIREMENTS

13.1 Work Hours & Holidays

· Mon–Fri, 7:45 AM – 4:30 PM (excluding federal holidays)

13.2 Background Investigation

· No full background check required

· All personnel must present valid ID and obtain a VA badge

A.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Project 658-26-123 Replace Fire Pump Controller; Replacement of the Fire Pump Controller, Jockey Pump, and associated components in Building 143 at the Salem VA Medical Center. See Statement of Work. Complete all work within 60 calendar days of issuance of Notice to Proceed.

Contract Period: Base POP Begin: 02-09-2026 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

MANUFACTURER PART NUMBER (MPN): 0

NATIONAL STOCK NUMBER: 0

LOCAL STOCK NUMBER: 0

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 SPECIFIC INSTRUCTIONS TO OFFERORS AND EVALUATION CRITERIA

1. The Contractor shall submit one (1) copy of their quote in electronic format (PDF or MS Word) via email to daniel.spaulding@va.gov by Friday, January 9, 2025, 05:30PM EST. A complete quote shall include the following four (4) sections listed below:

2. Section I – QUOTE: Form (Standard Form 1442) – original signature and completed Contract Administration Data; DUNS Number and Solicitation complete with acknowledgement of Solicitation Amendments. Offerors shall include their Accord Certificate of Insurance noting the insurance types and levels required by the solicitation. Offerors requesting to use foreign construction material shall include the request in their offers as outlined in FAR clause 52.225-9 Buy American-Construction Materials. Offerors shall ensure they complete and submit VAAR clause 852.219-75 with their offer to be considered for award.

3. Section II – PRICE FACTOR: shall be submitted as requested in the Schedule of Supplies/Services comprised within the solicitation document listed in the Price Schedule section of the SF1442 solicitation. Alterations to the Schedule of Supplies/Services wording, quantities or other will render the QUOTES non-responsive and ineligible for award. Pricing shall be FOB destination if shipping costs are applicable. Offerors shall include an itemized price breakdown with their quote that includes equipment to be installed, labor by trade and any other significant items.

4. Section III - TECHNICAL FACTOR: The following subfactors will be evaluated:

a. Equipment Specifications: Offerors shall identify the make and model of pump controller and associated major components, as well as country of origin, and provide specifications of the major components. The listed equipment will be evaluated as to whether it meets the terms of the solicitation and to support determining which quote is the most advantageous offer. Offerors requesting to use foreign construction material shall include the request in their offers as outlined in FAR clause 52.225-9 Buy American-Construction Materials.

b. Corporate Experience: Describe in narrative format the company’s experience with the same type of work performed in previous contracts or otherwise explain how the company has the knowledge, equipment and technical capability to perform the work. Experience of key personnel cannot be substituted to meet the requirement that the company be an established business in the applicable trade(s). Offerors must be familiar with Federal, State, and municipal laws, codes, and regulations applicable to the location and performance of the work to comply with FAR clause 52.236-7, Permits and Responsibilities.

c. Work Plan: Offerors shall submit a work plan that outlines the offeror’s resources, equipment and staffing to be utilized in meeting the requirements in the Statement of Work (SOW). The work plan will be evaluated as to whether the offeror demonstrates in its work plan that it has the resources, equipment and staffing necessary to meet all requirements outlined in the Statement of Work. Offeror work plans will be evaluated to determine whether the offeror has the resources, equipment and staffing to perform the required work at time of offer submission. This project requires a Superintendent.

d. Safety Record: In accordance with VHA Directive 7715, Safety and Health During Construction, the offeror shall have 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, and a current Experience Modification Rate (EMR) equal to or less than 1.0. Offeror shall provide (1.) completed OSHA Form 300A for the three (3) year period, (2.) a memorandum statement regarding OSHA and EPA violations, and a (3.) letter from their worker’s compensation insurer disclosing their Experience Modification Rate (EMR) rating. Documentation submitted with the offer must be complete and must demonstrate compliance to be considered eligible for award.

e. Buy American Act: Offers will be evaluated in accordance with FAR clauses 52.225-9 and 52.225-10.

5. Section IV- PAST PERFORMANCE FACTOR: A past performance submission is not required, but past performance will be evaluated through the use of the records available within the Contract Performance Assessment Reporting System (CPARS). Past performance will be evaluated as to how well offerors performed on federal contracts that were given CPARS assessments.

6. BASIS FOR AWARD:

The Government will award a firm fixed priced contract to the responsible offeror whose offer, conforming to the requirements in this request for quotes, will be most advantageous to the Government if the evaluation process identifies a quote suitable for award. This is a simplified procurement of commercial construction services under FAR 12.201-1 estimated below the simplified acquisition threshold. The Government will evaluate quotes using the comparative evaluation process under FAR 12.203(c). The Government will evaluate the technical, past performance and price factors as stated to determine which quote is most advantageous to the Government at a fair and reasonable price. By submission of its quote, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Award may be made to an offeror on a quote that is not the lowest priced offer.

7. FACTOR 1: TECHNICAL FACTOR

The following subfactors will be evaluated:

a. Equipment Specifications: Offerors shall identify the make and model of pump controller and associated major components, as well as country of origin, and provide specifications of the major components. The listed equipment will be evaluated as to whether it meets the terms of the solicitation and to support determining which quote is the most advantageous offer. Offerors requesting to use foreign construction material shall include the request in their offers as outlined in FAR clause 52.225-9 Buy American-Construction Materials.

b. Corporate Experience: Describe in narrative format the company’s experience with the same type of work performed in previous contracts or otherwise explain how the company has the knowledge, equipment and technical capability to perform the work. Experience of key personnel cannot be substituted to meet the requirement that the company be an established business in the applicable trade(s). Offerors must be familiar with Federal, State, and municipal laws, codes, and regulations applicable to the location and performance of the work to comply with FAR clause 52.236-7, Permits and Responsibilities.

c. Work Plan: Offerors shall submit a work plan that outlines the offeror’s resources, equipment and staffing to be utilized in meeting the requirements in the Statement of Work (SOW). The work plan will be evaluated as to whether the offeror demonstrates in its work plan that it has the resources, equipment and staffing necessary to meet all requirements outlined in the Statement of Work. Offeror work plans will be evaluated to determine whether the offeror has the resources, equipment and staffing to perform the required work at time of offer submission. This project requires a Superintendent.

d. Safety Record: In accordance with VHA Directive 7715, Safety and Health During Construction, the offeror shall have 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, and a current Experience Modification Rate (EMR) equal to or less than 1.0. Offeror shall provide (1.) completed OSHA Form 300A for the three (3) year period, (2.) a memorandum statement regarding OSHA and EPA violations, and a (3.) letter from their worker’s compensation insurer disclosing their Experience Modification Rate (EMR) rating. Documentation submitted with the offer must be complete and must demonstrate compliance to be considered eligible for award.

e. Buy American Act: Offers will be evaluated in accordance with FAR clauses 52.225-9 and 52.225-10.

8. FACTOR 2: PAST PERFORMANCE FACTOR

a. Past performance information identified in the Contract Performance Assessment Reporting System (CPARS) will be utilized to determine the quality of the offeror’s past performance as it relates to the probability of success of the required effort. Past performance will be evaluated as to how well offerors performed on federal contracts that were given CPARS assessments. Emphasis will be on recent, relevant past performance within the last five (5) calendar years, beginning December 1, 2020. The term ‘relevant’ is defined as work similar in size and scope of the work described in the Statement of Work (SOW).

b. Offerors with no relevant past performance shall not be evaluated favorably or unfavorably on past performance.

9. FACTOR 3: PRICE FACTOR

a. Offerors shall submit their pricing in accordance with the Price/Cost Schedule of the SF1442 Solicitation document. Total price will be evaluated for fairness and reasonableness. Offerors shall include an itemized price breakdown with their quote that includes equipment to be installed, labor by trade and any other significant items.

b. The fairness and reasonableness determination will be made on the basis of comparing competitive quotes received, by comparing proposed cost/price with established commercial prices, with other contract vehicles, and/or by comparing quoted prices with the Independent Government Cost Estimate (ICGE). The ICGE is not releasable to the public.

10. System for Award Management: Federal Acquisition regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Offerors shall have an active registration in the System for Award Management at the time of quote submission and shall maintain an active registration throughout the evaluation phase and contract award process.

11. TECHNICAL QUESTIONS: Offerors shall submit all technical questions regarding this solicitation to the Contracting Officer in writing on or before 05:30PM Eastern Time on Tuesday, December 30, 2025. Questions may be sent via e-mail to daniel.spaulding@va.gov. Telephonic (verbal) questions Will Not be addressed. All responses to questions that affect the solicitation, will be incorporated into a written amendment to the Request for QUOTES.

12. SITE VISIT: One (1) organized site visit will be held. All questions shall be held for later submission to the Contracting Officer at daniel.spaulding@va.gov.

a. Attendees will sign in at the start of the site visit. Attendees shall arrive up to 15 minutes early to avoid missing their opportunity to attend. The site visit will begin promptly, at the listed time.

b. Salem VA Medical Center – Monday, December 29, 2025, at 10:00AM Eastern Time. The site visit will begin from the entrance lobby of Building 74, Salem VA Medical Center, 1970 Roanoke Blvd, Salem, VA 24153. The POC for the site visit is Andrew Jackson, Healthcare Engineer. Do not contact the Site Visit POC with questions about this solicitation. Submit all questions to the Contracting Officer. Notify the Contracting Officer if planning to attend. Provide the company name and number of participants to daniel.spaulding@va.gov by 12:00pm noon, Friday, December 26, 2025.

Andrew Jackson Email: andrew.jackson@va.gov Office number: 540-982-2463 Ext. 4187

2.2 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

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 52.240-90 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)

2.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

2.7 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

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

4.2 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 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 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 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 85 percent subcontract amount that cannot be exceeded; or

(4) 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.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [X] By the end of the base term of the contract and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of Clause)

4.3 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

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

Small business concern—

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

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

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

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

(2) Within 30 days after a merger or…