36C24626Q0329.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.

36C24626Q0329 X 02-05-2026 658-26-105 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 NRM Project 658-26-105 Repair Underground Fuel Storage Tanks Location: Work will be performed at the Salem VA Medical Center located in Salem, Virginia. See Statement of Work, Specifications and Drawings.

This is a request for quotes (RFQ) under RFO FAR Part 12 procedures. This solicitation is 100% set-aside for small businesses.

NAICS: 237120, Oil and Gas Pipeline and Related Structures Construction (SBA Size Standard: $45.0m annual revenue) PSC Code: Z2DA, Repair or Alteration of Hospitals and Infirmaries

A Site Visit is scheduled for:

Wednesday, February 11, 2026 at 09:00AM Eastern Time Location: Salem VA Medical Center Front Entrance of Building 74 1970 Roanoke Blvd Salem, VA 24153

All questions regarding this RFQ are due by 05:30PM Eastern Time on Thursday, February 12, 2026.

All Quotes are due by 05:30PM Eastern Time, Friday, February 20, 2026.

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 specifications and drawings by attachment:

658-26-105_Drawing 658-26-105_Specs

Quotes are to be submitted electronically, via email, to the Contracting Officer at daniel.spaulding@va.gov.

X X 52.211-10 X

05:30PM

EST

02-20-2026 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 Daniel Spaulding

Table of Contents

A.3 STATEMENT OF WORK

STATEMENT OF WORK (SOW)

658-26-105 Repair Fuel Storage Tanks Salem VA Medical Center, Salem, Virginia

SOW Summary The purpose of this project is to ensure compliance and reliability of the Salem VAMC fuel storage system through critical repairs, upgrades, and testing. The contractor should prioritize major tasks including removal and replacement of monitoring consoles, repair and potential replacement of tanks, installation of new tank sumps, spill containment systems, and overfill protection devices. Key work includes repairs at tanks 143E (Building 157), 143W (Building 156), B-2 (Building 154), and B-4 (Building 154), demolition of four diesel underground fuel storage tanks (138, 140, 141, and 142), and replacement and repair of eleven fuel level monitoring systems on sixteen fuel storage tanks. Following these repairs, the contractor shall conduct all required Virginia DEQ compliance testing for underground and above-ground tanks, provide detailed reports of deficiencies, and deliver cost estimates for corrective actions. All work shall include site restoration and adherence to applicable permitting and safety standards.

Demolish UST Contractor shall demolish 4 diesel USTs (138, 140, 141, and 142). Demolition shall include excavation, removal of tank, removal of piping and wiring associated with the tank, testing of adjacent soils, disposal of contaminated soils as necessary, and backfill with suitable soils or stone to achieve 90% compaction in grassed areas and 95% compaction in paved areas. Tanks, piping, wiring and all materials removed from underground shall be disposed of by the contractor off site in an approved disposal location.

Contractor shall obtain all permits required for the work to be performed and include these costs in the proposal. Contractor shall include in the proposal all reasonable costs to be expected when performing underground excavations such as dewatering, shoring and removal of unsuitable material as deemed likely or necessary during the site walk through.

Fuel Tank Repairs The scope of work for repairs at tanks 143E (Building 157), 143W (Building 156), B-2 (Building 154), and B-4 (Building 154) include several key tasks. The contract shall saw cut and excavate to the tank top and remove all equipment and risers and plug openings. Contractor shall install new risers tank sump to be installed with entry boots for the existing conduit and piping. Additionally, a new 5-gallon spill containment shall be installed along with a fill adapter, cap, and overfill drop tube.

Upon completion the contractor shall perform hydrostatic testing on the tank sump and spill containment, and the overfill drop tube will be tested. An existing Veeder-Root console functionality test shall be conducted. Following successful completion of all tests, the excavation shall be backfilled with stone to 95% compaction and any excess material shall be removed from the site. Contractor shall set a traffic rated manhole for access and place 6” of concrete and reinforcing to match existing grade and provide positive drainage away from the manhole and any potential infiltration points.

Consoles Contractor shall remove and replace all existing monitoring consoles at all tank storage facilities on campus. The project involves the removal of existing TLS350 Veeder Root consoles from the walls in five building locations, removal of one TLS350 console from the boiler plant control room B175, and installation of additional consoles for above ground storage tanks. In their place, contractor shall provide a new console comparable to either the Veeder Root TLS4 (small console) or TLS450 (large console), which utilizes the existing Veeder Root sensors and wires installed in the storage tanks. Alternate consoles are acceptable given that they meet the minimum functionality and specifications of the referenced Veeder Root TLS4 and TL450 and are capable of using the existing sensors and wires. Contractor’s proposal shall provide for a maximum of 20% additional wiring, raceways and connection devices as necessary in order to reconnect and replace worn out existing connections to the new equipment.

Five small consoles shall be replaced and new ones installed in buildings 138, 139, 140, 141, 142. One large console shall be installed in building 175 to replace the console currently in building 145. In addition, new new small consoles shall be installed in buildings 156, 157, and 154. This results in eight smaller consoles and one larger console. Contractor shall provide training and documentation for all new consoles, devices and/or apparatuses. All consoles shall be from the same manufacturer such that future communications between units can be facilitated. Consoles will not be connected to a network or wireless signal.

658 Salem VAMC Fuel Storage Tank Consoles

13-2

30000

13-3

30000

13-4

30000

16-1

16-2

B-4

Contractor shall provide a Microsoft Windows (latest version) laptop, with necessary manufacturer console software installed and licensed, capable of connecting to and downloading data/reports from the consoles via a wired connection. Contractor shall provide a black and white laser printer that can be hardwired (USB preferred) to the computer and print downloaded reports and data on letter sized plain paper. Three (3) additional toner cartridges shall be provided with printer. The government’s network systems requirement is that the consoles cannot be connected to a network as this creates a security breach. Protocol will be for government personnel to utilize the provided computer to download data from console and print data via hard wire. Consoles may be IP connectivity capable, but this function will not be utilized by the government at this time.

All console units shall be tested and certified by the contractor. Documentation of testing and demonstration during training will be required at each location.

TESTING

658 Salem VAMC Fuel Storage Tanks

Perform all necessary DEQ “3 year” testing for underground storage tanks (UST) and the anticipated “5 year” testing for above ground storage tanks (AST) listed in the provided table. At a minimum, the tasks shall include performing tank tightness tests, which encompass the lines, conducting Automatic Tank Gauging functionality tests, hydrotesting and cleaning tank sumps, and testing overfill valves for each. Additionally, hydrotesting and cleaning spill containments will be conducted for each site. The sites will be cleaned of all debris daily, and the work area will be restored to its original condition, including landscaping, seeding and erosion control.

Contractor shall provide comprehensive report, including an itemized list of deficiencies, defects, failures, and necessary actions for compliance with all Virginia DEQ regulations and guidelines. Include in the report a cost estimate for the itemized, which will be used to prepare an RFP for corrective action.

General Notes Work Phasing: Contractor shall perform testing tasks first to establish the baseline for all fueling facilities here at the Salem VAMC.

Testing: Contractor shall test all new equipment and provide documentation necessary to establish each fueling site’s ability to satisfy Virginia DEQ requirements.

Permits: Contractor shall obtain any and all permits required for work to be performed and include these costs in the proposal.

A.4 PRICE/COST SCHEDULE

ITEM INFORMATION

NRM Project 658-26-105 Repair Fuel Storage Tanks. See Statement of Work and attachments.

Contract Period: Base POP Begin: 03-13-2026 POP End: 09-24-2026 PRINCIPAL NAICS CODE: 237120 - Oil and Gas Pipeline and Related Structures Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration 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, February 20, 2026, 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.

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 fuel tank monitoring equipment (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 any 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 fuel tank monitoring equipment (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 any 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 January 1, 2021. 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 Thursday, February 12, 2026. 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 – Wednesday, February 11, 2026, at 09:00AM Eastern Time. The site visit will begin from the front entrance of Building 74, Salem VA Medical Center, 1970 Roanoke Blvd, Salem, VA 24153. The POC for the site visit is Todd Carroll, 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, Tuesday, February 10, 2026.

Todd Carroll Email: todd.carroll2@va.gov Office number: (540) 982-2463

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

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

(a) Definitions. As used in this provision— Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

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 (b) of this provision.

(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.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237120.

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

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

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

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

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

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a small business concern; or

(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]

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

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.

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

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

(6) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not an SDVOSB concern.

(8) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror represented itself as a SDVOSB concern in paragraph (c)(7) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(9) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Notice.

Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

(End of Provision)

2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) (a)(1) The offeror must notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.5 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)

2.6 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 $70,000.00, whichever is less.

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

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

(End of Provision)

2.7 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

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

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

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

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

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

(End of Provision)

2.8 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…