36C24626Q0638_1.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.

1 of 36C24626Q0638 07-01-2026 590-26-3-506-1197 none 36C246 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 Aaron Holmes (757)722-9961 x8845 Request for Quote (RFQ): Warehouse Exterior Improvements Hampton VA Health Care System 100 Emancipation Dr., Hampton, Virginia 23667

This is a total SVOSB set-aside.

The estimated magnitude of construction is between $25,000 and $100,000.

NAICS 238990 | Size Standard $19 million Contractors must be registered in the SBA Veteran Small Business Certification Database (VETCERT) as a Service-Disabled Veteran Owned Small Business (SDVOSB) as of the date of this solicitation. (https://veterans.certify.sba.gov/)

The contractor shall provide all labor, materials, tools, equipment, and supervision to perform all operations necessary to install concrete pads at the Hampton VA Medical Center. All work shall be in strict accordance with the Scope of Work (SoW) and will include final clean up and completion of any punch list items.

This contract will be awarded in accordance with FAR Part 13, Simplified Acquisition Procedures and prime SDVOSBs shall comply with subcontracting limitation as defined in 852.219-75.

A site visit will be held on Thursday, July 9th at 9:30am. Interested parties shall meet outside the wheelchair ramp of building 27 of the Hampton VA Health Care System campus. Please do not enter the building.

QUESTIONS

Please direct any and all questions to Contracting Officer Aaron Holmes at aaron.holmes@va.gov. No phone calls please.

Questions are due no later than Thursday, 7/16/2026 by 4:00pm EST. Responses to questions will be answered by amendment.

QUOTE SUBMISSION

Quotes with ONLY be acceped via email to Contracting Officer Aaron Holmes at aaron.holmes@va.gov. It will be the quoters responsibility to ensure that quotes are received. Quotes are due no later than 9:00am EST on Monday, August 3rd, 2026.

Late quotes will not be accepted.

Alternate Payment Protections are required. See FAR Clause 52.228-13 for more details.

X X X one (1) 9:00am

EDT

08-03-2026 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

ITEM 0001:

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 Aaron Holmes

VA-VHA-ROPE-2025-0071

Table of Contents

A.3 PRICING SCHEDULE

BASE BID: The contractor shall provide all labor, materials, tools, equipment, and supervision to perform all operations necessary to install concrete pads at the Hampton VA Medical Center.

All work shall be in strict accordance with the Scope of Work (SOW) and will include final clean up and completion of any punch list items.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS

To assure timely and equitable evaluation of quotations, offerors must follow these instructions. Offerors are required to meet all the solicitation requirements including terms and conditions, representations, certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicited terms and conditions and provide accompanying rationale.

1. Fill In and Sign Forms:

The response shall consist of the following:

I. Signed SF1442 and complete blocks 14, 15, 17, 18, 20a, 20b, and 20c, on page 2 II. Price/Cost Schedule III. Fill in and/or sign the following clauses and provisions:

a. FAR Clause 52.219-1

b. FAR Clause 52.219-28

c. VAAR Clause 852.219-75 NOTE: Failure to sign 852.219-75 will result in immediate rejection of quote.

Submit quotes to:

Contracting Officer Aaron Holmes aaron.holmes@va.gov

2. Quotation Organization:

Please separate quotations by volume consisting of the following:

· Volume I - Past Performance

· Volume II - Price

Please name each Volume by the following:

· Volume Number

· Volume Title

· Solicitation Number

· Offeror Name

Example: Volume I | Past Performance | 36C24626Q0638 | Example Co.

3. Volume I – Past Performance Submit a maximum of three (3) references of your choice of completed projects, similar in size and scope, or three (3) CPARS Evaluations of their choice of completed projects, similar in size and scope. Please include:

· Reference company name

· Point of Contact’s (POC) address, phone number, & email address

· project description

· dollar value

· period of performance

· Do NOT include pricing information regarding work for this project in Volume I.

4. Volume II – Price Offerors shall submit all contract line-item numbers in the price schedule with a price along with a detailed breakdown of materials, labor, overhead, bond (if any), and profit.

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

BASIS FOR AWARD

The Government will select the quote that represents the best value to the Government at a fair and reasonable price.

The Government will evaluate the following: Technical Acceptance, Past Performance, and Price. Following the receipt of quotes, the Government will make an award based

Volume I – Past Performance Past performance information will be utilized to determine the quality of the contractor’s past performance to estimate the probability of success. The Government will evaluate customer satisfaction, responsiveness to customer needs, and past demonstration of meeting performance schedules and the delivery of quality services. Emphasis will be on recent, relevant past performance in the previous five (5) years from the date of this solicitation. Relevant is defined as work similar in size and scope to the work described in the Scope of Work (SOW).

Past performance information is one indicator of a quoter’s ability to perform the contract successfully. Current and relevant information, source of information, context of data, and general trends in the contractor’s performance shall be considered as it pertains to the performance of the work described in this solicitation. Quoters may provide information on problems encountered in past projects and the quoter’s corrective action. The Government shall consider this information as well as information obtained from any other sources when evaluating the quoter’s past performance.

Since the Government may not necessarily interview all the sources provided by the quoters, it is incumbent upon the quoter to explain the relevance of the data provided. Quoters are reminded that the Government may elect to consider data obtained from other sources.

Volume II – Price In addition to Past Performance, the Government will evaluate the quote on both Technical Acceptance and Price.

The quote must include a detailed breakdown of material and labor that a Subject Matter Expert (SME) can determine that the work can be completed (technically acceptable). Any quotes that lack sufficient detail to make a technical evaluation or that are determined to not be technically acceptable may be rejected.

Of the quotes that can be determined technically acceptable, the quotes will be ranked in order of total price. An award will be made to the quoter that offers a combination of price and past performance that offers the best value to the Government.

SCOPE OF WORK

Hampton VA Medical Center Warehouse Exterior Improvements

1. PART 1 – GENERAL

a. PROJECT SCOPE & INFORMATION

i. The Hampton VA Medical Center, located at 100 Emancipation Drive, Hampton, Virginia 23667 has an immediate requirement for the improvement of the exterior grassed area at the Bldg. 10 Facility Shop Warehouse. The contractor shall provide all necessary material, tools, equipment, labor, supervision, and expertise for the tenure of this contract. Ground conditions are not conducive for small equipment, and heavier grade equipment is recommended for the complexity of work and proposed timeline of two weeks. The intent of this solicitation is to correct previous deficiencies within the area.

ii. The VA Hampton Healthcare System requires the services of a qualified General Contracting firm to provide construction services for the installation of a concrete pad for vehicle use and installation of concrete ramp. Work is to include:

1. Demolition of existing stairs to be turned into a 12’ x 24” concrete ramp tied into a dock area, excavation, grading, and preparation of subgrade and gravel base course where necessary.

2. Installation of new concrete in section.

3. Installation of storm piping and raising of building rain leaders of approximately 175 linear foot, landscaping to redirect water flow through berms and paving wall.

4. Survey, design and layout of concrete pad at location noted approximated at 90’ x 24’ in size and 4” in depth with a minimum 4000psi.

5. Design and installation of catch basin retrofit and new catch basin to mitigate surface water issues at one location.

6. Traffic management and safety measures during site work.

7. Soil erosion and sediment control of disturbed areas and past slab touch-up grading.

8. Restoration of affected landscaping including the retaining wall and disturbed areas.

iii. The scope of work will also include a 4” 15’x50’ concrete slab with a minimum 4000psi that requires the burying of 1-1/2 conduit.

iv. The Contractor shall also be responsible for all damages to persons or property that occurs resulting from the Contractor’s fault or negligence.

v. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of all work, except for any completed unit of work which may have been accepted under the contract.

vi. Existing Site Conditions: Construction will occur within an active healthcare campus, and the construction activities will require work to be phased in such a way as to minimize impact to staff, patients, and campus deliveries. All deliveries and phasing will be coordinated with the COR for approval and direction.

vii. The Contractor shall be responsible for field verifying all conditions and quantities that may affect the project work prior to bid of this project. Site Investigation by the selected contractor is required for this project to ensure accuracy of contractor’s design and layout of curb, sidewalk, and storm drainage repairs. Site investigation and survey are to be included in the cost proposal for the work associated with sidewalk and storm drainage leaders. This work can be performed directly by the General Contracting firm, or indirectly via contract to a third party (Sub-Contractors).

viii. Work shall be completed in conformance with the time schedule requested by the VA Contracting Officer’s Representative (COR) and Integrated Project Team (IPT).

2. PART 2 - TASKS AND REQUIREMENTS

a. GENERAL CONTRACTOR REQUIREMENTS

i. Submittals must be reviewed and approved by the VA prior to the start of work.

ii. Contractor shall confirm approximate measurements and listed in the statement of work and conduct utility markings through a site evaluation post-award, but prior to commencement of work.

iii. Any new construction shall match surrounding finish elevations unless indicated otherwise.

iv. Contractor and their Sub-contractors are to provide necessary submittals and layout plans for approval prior to commencing with any “new work” not shown/provided in the construction documents.

v. All damage to site infrastructure occurring as a result of contractor’s work, or any other VA property damaged by contractor’s operations to be repaired/replaced by the contractor.

vi. Contractor shall be responsible for all construction debris removal. The contractor shall provide their own dumpster as needed. Dumpster location and debris removal haul route to be approved by the VA COR.

vii. Contractor shall provide all traffic control to maintain safe and efficient flow of traffic around areas actively under construction.

viii. All work carried out under this Scope of Work shall comply with the Federal Facility Technical Standards and Virginia State Corporation Commission (SCC) Marking Standards. The Virginia Marking Standards provides the detailed activities that must be undertaken to ensure compliance with the contract and can be found on Virginia SCC’s website at:

https://www.scc.virginia.gov/urs/manuals/markingstandardsmanual/index.html#.

ix. This is a firm-fixed price contract in accordance with the Contractor’s cost proposal. This is a turn-key service contract with the contractor providing everything necessary to complete the work. Upon award, the Contractor will provide all transportation, materials, specialized equipment, labor and technical expertise to complete the project. The Federal Government will not provide any office space associated with these services. All contractor items required for this service will be stored and maintained off-station.

b. PERIOD OF PERFORMANCE

i. All work shall be completed within 150 days of the Notice to Proceed.

c. WORK SCHEDULE

i. Normal working hours are from 7:30 AM to 4:30 PM.

ii. To maintain schedule, work performed over the weekend may be allowed. Contractor to coordinate these efforts with VA COR with a minimum 48-hour notice.

iii. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Juneteenth Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

d. POINT OF CONTACT

i. Point-of-Contact (POC) for the site visit will be:

Lawson Dyson; lawson.dyson@va.gov; (757) 951-5384

e. FRAUD, WASTE, AND ABUSE

i. The vendor has responsibility for “Duty to Report” any fraud, waste and abuse witnessed while on VA premises to the Integrity and Compliance Officer.

f. DRUG FREE WORKPLACE

i. The Department of Veteran Affairs is committed to providing a safe, healthy, and productive work environment. The misuse of drugs and alcohol can impair safety, health, and job performance. The expectation of the contractor is to follow the policies found below to maintain a drug-free workplace.

ii. Prohibited Behavior:

1. The use, possession, sale, distribution, or manufacture of illegal drugs or alcohol on company premises, in company vehicles, or while conducting company business is strictly prohibited.

2. Employees must not be under the influence of drugs or alcohol during working hours or while on VA property.

3. It is the responsibility of the contractor to ensure any employees using prescribed or over-the-counter medications are able to safely and effectively perform their jobs without affecting the quality and scope of work as detailed.

4. No smoking is allowed on campus premises at all. There are no designated smoking areas.

iii. Disciplinary Actions

1. Violation of this policy may result in disciplinary action, up to and including termination of this contract.

2. Employees may also be subject to legal consequences if their actions violate federal, state, or local laws.

g. CONTRACTOR LAYDOWN AREA

i. The Department of Veteran Affairs has a laydown area with a designated spot for Interior Design to maintain where tools, materials, equipment, and vehicles can be temporarily stored to maintain the functionality of the campus while undergoing renovations. This information will be shared during the kick-off meeting.

PROPOSED SITE MARK-UPS

Slab 1: 15x50” concrete slab with 1-1/2” conduit

Slab 2:

REPRESENTATIONS AND CERTIFICATIONS

3.1 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)

3.2 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)

3.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)

(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.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

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, means a small business concern that-

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

(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 paragraph (1) of this definition.

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 238990.

(2) The small business size standard is $19 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 women-owned small disadvantaged business concern.

(3) 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: _________________.]

(4) 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 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern.] 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: _________________.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 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 must be certified as a HUBZone concern.

(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, will be—

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

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

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

(End of Provision)

3.4 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)

3.5 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)

3.6 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)

3.7 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)

GENERAL CONDITIONS

4.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause 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 Clause)