36C24626Q0792.pdf
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- Z1DA--Bldg 42 Resident Kitchens SERVICE
- Solicitation number
- 36C24626Q0792
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Solicitation Summary: Building 42 Resident Kitchens
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the Department of Veterans Affairs Network Contracting Office 6 for construction services at the W.G. (Bill) Hefner VA Medical Center in Salisbury, North Carolina. The solicitation number is 36C24626Q0792, issued July 23, 2026, with responses due August 18, 2026 by 15:00 EDT. The acquisition is set aside 100% for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). The contract employs a fixed-price structure with payment via electronic funds transfer on a monthly arrears basis. The estimated award amount is $45 million, with a performance period from September 1, 2026 to August 31, 2027. The principal NAICS code is 236220 (Commercial and Institutional Building Construction).
The Performance Work Statement specifies removal and replacement of finishes and casework in resident kitchen and dining areas across six neighborhoods within Building 42 of the Community Living Center. Key deliverables include removing existing built-in casework, counters, flooring, cove base, and select light fixtures while preserving existing plumbing and electrical connections. The contractor must install modular casework meeting VA National Healthcare Furniture IDIQ minimum technical requirements and new finishes throughout. All work must comply with federal OSHA Bloodborne Pathogens Standards, VA Directive 1192 flu shot requirements, and Federal Guidelines requiring minimum 30-hour training for foremen and 10-hour training for laborers. Material submittals require minimum 10 business days for government review with no procurement or installation permitted until approval. Work is scheduled Monday through Friday, 8:00 AM to 4:00 PM, coordinated with the Contracting Officer's Representative to minimize disruption to resident care. Evaluation will award the contract to the lowest price technically acceptable offer based on technical approach, price, and past performance factors.
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
659-26-3-6049-0545
36C24626Q0792 07-23-2026
Kamilah Nye 757-315-2510 08-24-2026
15:00 EDT
Department of Veterans Affairs
Network Contracting Office 6
100 Emancipation Drive
Hampton VA 23667
X 100
X
236220
$45 Million
NET 30
N/A
X
Salisbury VA Medical Center
Bldg. 42
1601 Brenner Ave.
Salisbury NC 28144
Network Contracting Office 6
100 Emancipation Drive
Hampton VA 23667
Financial Services Center
PO BOX 149971
Austin TX 78714-9971
512-460-5049 512-460-5221
X
See CONTINUATION Page
THIS SOLICITATION IS FOR BLDG. 42 RESIDENT KITCHEN SERVICE
AT THE SALISBURY VA MEDICAL CENTER
SEE SECTION D: ATTACHMENTS.
SEE SECTION E: INSTRUCTION TO OFFERORS
RESPONSED DUE BY 15:00 EST, AUGUST 18, 2026.
POC: KAMILAH NYE
EMAIL: KAMILAH.NYE@VA.GOV
See CONTINUATION Page
X X
Kamilah Nye
Contracting Officer
36C24626Q0792
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 DELIVERY SCHEDULE
B.4 PERFORMANCE WORK STATEMENT
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV
2025) (DEVIATION)
C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV
2025)
C.5 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)
(MAR 2026)
C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 AWARD BASIS
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE
OF THE WORK (NOV 2025) (DEVIATION)
E.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION
MATERIALS (MAY 2014) ALTERNATE I (MAY 2014)
E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C246 Kamilah Nye
Network Contracting Office 6
100 Emancipation Drive
Hampton VA 23667
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Monthly in Arrears
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment
Requests.
VA Financial Service Center (FSC) Electronic Invoice Presentment and Payment System https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
DESCRIPTION
OF SUPPLIES
SERVICES QTY UNIT UNIT PRICE AMOUNT
1.00 JB __________________ __________________
B42 RESIDENT KITCHENS
Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries
MANUFACTURER PART NUMBER (MPN): 0
LOCAL STOCK NUMBER: 0
GRAND TOTAL __________________
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 SHIP TO: W.G. Hefner Salisbury VA Medical Center 1601 Brenner Ave.
Salisbury, NC 28144
USA
1.00 09-01-2026 To 08-31-2027
MARK FOR: Heather Barnhardt
704.638.9000 x16456 Heather.Barnhardt@va.gov
FOB: DESTINATION
B.4 PERFORMANCE WORK STATEMENT
TITLE: B42 Resident Kitchens and Finishes
LOCATION: WG (Bill) Hefner VA Medical Center, Building 42 Community Living Center
PROJECT: 659-26-001
DATE: May 26, 2026
1.0 Purpose
The purpose of this Performance Work Statement (PWS) is to outline the services required to remove and replace designated finishes and casework in the resident kitchen and dining areas within six neighborhoods of Building 42, Community Living Center (CLC). The Contractor shall provide all necessary services to complete this work in accordance with VA requirements.
2.0 Scope
The Contractor shall provide all labor, tools, equipment, transportation, supervision, and services necessary to remove existing finishes and casework and install new modular casework and finishes as specified. Work shall be performed while maintaining compliance with all VA safety, infection control, environment-of-care, and operational requirements.
3.0 Performance Requirements
3.1 Required Services
Remove existing built-in casework, counters, flooring, cove base, select light fixtures, wall protection, and trim.
Install modular casework that meets the VA National Healthcare Furniture IDIQ minimum technical requirements in place of existing built-in casework.
Install new finishes to replace all removed finishes.
Leave all existing plumbing and electrical connections intact and undisturbed.
Coordinate with VA personnel to minimize disruptions to resident care and operations.
3.2 Protection and Compliance
Protect adjacent surfaces, furnishings, utilities, and occupied areas.
Follow VA Infection Control Risk Assessment (ICRA) procedures where applicable.
Maintain clean and safe work zones.
Dispose of all removed materials in accordance with federal, state, and VA requirements.
3.3 Site Requirements
The Contractor shall comply with the Federal OSHA Bloodborne Pathogens Standard. The
Contractor shall produce negative results within 90 days of start of work for every employee.
The Contractor shall comply with VA Directive 1192 requirements for flu shots. All contractors working on site must either have a flu shot or wear a mask regardless of interaction with patient areas.
The Contractor shall comply with the Federal Guidelines. A minimum of 30 hours training for
Foreman and 10 hours training for laborers is required.
Facilities are enforcing the wearing of face masks in outbreak areas while on government property.
3.4 Material Submittals
The Contractor shall provide complete material submittal packages for all products used in the work prior to procurement. No materials shall be ordered, delivered, or installed until the submittals have been reviewed and accepted by the Government.
Each submittal shall be submitted with sufficient time for Government review (minimum 10 business days) without delaying progress. Delays caused by incomplete or inaccurate submittals are the responsibility of the Contractor.
If submittals are rejected or returned for correction, the Contractor shall revise and resubmit within 5 business days. Work impacted by unresolved submittals shall not proceed.
The Government reserves the right to request physical mockups or samples for finishes, casework, and hardware prior to approval.
All materials installed shall match the most recently approved submittals. Any installed material found to deviate from approved submittals shall be removed and replaced at no additional cost to the Government.
4.0 Performance Standards
4.1 Quality
Services shall meet the specifications defined in the contract documents and shall result in clean, complete, properly installed finishes and casework. Any deficiencies identified by the VA
COR must be corrected at no additional cost.
4.2 Timeliness
All tasks must be completed within the performance period established in the contract. Daily service updates shall be provided when requested by the COR.
4.3 Customer Service
The Contractor shall maintain professional, courteous conduct while working in a resident-centered care environment. Disruptions to residents and staff shall be minimized at all times.
5.0 Government-Furnished Information (GFI)
The VA will provide the Contractor with access to contract documents, drawings, and specifications necessary to perform the work. VA staff will coordinate access to work areas.
6.0 Contractor-Furnished Items
The Contractor shall furnish all materials, tools, equipment, personal protective equipment
(PPE), and resources needed to perform services.
7.0 Place of Performance
Work will be performed at:
W.G. (Bill) Hefner VA Medical Center
Building 42 – Community Living Center
1601 Brenner Avenue, Salisbury, NC 28144
Work hours will be coordinated with the COR to avoid disruption of resident care.
8.0 Hours of Performance
Work shall be performed Monday – Friday, 8am to 4pm. Work in resident-occupied areas may require scheduling flexibility to accommodate clinical needs.
9.0 Security and Safety Requirements
The Contractor shall comply with all VA security requirements. Contractor personnel must wear visible identification at all times while on VA property. Safety regulations and infection control procedures must be strictly followed.
10.0 Deliverables
Completion of all service tasks outlined in Section 3.
Daily progress reports upon request by the COR.
Documentation of any unforeseen conditions discovered during performance.
Final walkthrough with COR and resolution of any punch-list items.
11.0 Performance Monitoring
The VA COR will monitor Contractor performance through inspections, progress checks, and verification of compliance with standards. Deficiencies must be corrected in COR-designated timeframes.
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.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/far-overhaul/far-part-deviation-guide/far-overhaul-part-
52#FAR_52_252_1
http://www.va.gov/oal/library/vaar/index.asp (VAAR)
(End of Clause)
FAR
Number
Title Date
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL
JAN 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE
(DEVIATION)
NOV 2025
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, PROPOSED FOR DEBARMENT, OR
VOLUNTARILY EXCLUDED
JAN 2025
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS
NOV 2015
52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION) NOV 2025
52.219-28 POSTAWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (DEVIATION)
NOV 2025
52.222-3 CONVICT LABOR (DEVIATION) NOV 2025
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS
(DEVIATION)
NOV 2025
52.222-8 PAYROLLS AND BASIC RECORDS (DEVIATION) NOV 2025
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS
(DEVIATION)
NOV 2025
52.222-11 SUBCONTRACTS (LABOR STANDARDS) (DEVIATION) NOV 2025
52.222-12 CONTRACT TERMINATION—DEBARMENT MAY 2014
52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE
REQUIREMENTS AND RELATED REGULATIONS
MAY 2014
52.222-14 DISPUTES CONCERNING LABOR STANDARDS
(DEVIATION)
NOV 2025
52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014
52.222-16 APPROVAL OF WAGE RATES (DEVIATION) NOV 2025
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES (DEVIATION) ALTERNATE I (JUL 2014)
NOV 2025
52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025
52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) NOV 2025
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS
UNDER EXECUTIVE ORDER 14026 (DEVIATION)
NOV 2025
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706
(DEVIATION)
NOV 2025
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT
MESSAGING WHILE DRIVING
MAY 2024
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—
SYSTEM FOR AWARD MANAGEMENT
OCT 2018
52.232-36 PAYMENT BY THIRD PARTY (DEVIATION) NOV 2025
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
MAR 2023
52.233-3 PROTEST AFTER AWARD AUG 1996
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004
852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022
852.203-70 COMMERCIAL ADVERTISING MAY 2018
852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL (DEVIATION)
MAR 2026
852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL
BUSINESSES (DEVIATION)
JAN 2023
852.228-70 BOND PREMIUM ADJUSTMENT JAN 2008
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018
852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020
C.2 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
(NOV 2025) (DEVIATION)
(a) Equal opportunity clause. The Contractor must abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR)
22.1401-2(a)(1) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor must act as specified by the Director, Office of Federal Contract
Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS (DEVIATION APR 2026)
(a)Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to:
training, mentoring, or leadership development programs; educational opportunities; clubs;
associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of Clause)
C.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION)
(NOV 2025)
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Critical component means a component that is mined, produced, or manufactured in the
United States and deemed critical to the U.S. supply chain. The list of critical components is at
FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
Domestic construction material means—
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both—
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if–
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of ‘‘cost of components’’.
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States.
Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and
(b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable.
(A) For domestic construction material that is not a critical item or does not contain critical components.
(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.
(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of
January 1, 2030.
(B) For domestic construction material that is a critical item or contains critical components.
(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.
(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United
States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph
(b)(3)(i)(B)(1) of this clause.
(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of
January 1, 2030.
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of
Payments Program.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description
Unit of measure
Quantity Price (dollars)*
Item 1:
Foreign construction material.
Domestic construction
Item 2:
Foreign construction
Domestic construction
C.5 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING
(DEVIATION) (MAR 2026)
(a) Definitions. As used in this clause –
VA Information system is the same as information system and means, pursuant to 38 U.S.C.
5727, a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information whether automated or manual.
VA sensitive information means all VA data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information and includes sensitive personal information. The term includes information where improper use or disclosure could adversely affect the ability of VA to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of
Information Act. Examples of VA sensitive information include the following: individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.
(b) General. Contractor personnel assigned to work for or on behalf of VA must undergo a background investigation commensurate with the risk and sensitivity level designation associated with the work to be performed at the level indicated in the contract. The Contractor and subcontractors shall comply with VA Directive/Handbook 0710, Personnel Security and
Suitability Program, which can be accessed at: https://vaww.va.gov/vapubs/index.cfm.
(c) Risk and Sensitivity Levels. The following table identifies the risk and sensitivity levels that apply to any personnel providing services under this contract. *VA Administrations, organizations and staff offices will use the OPM Position Designation Tool.
Positions/Tasks Designated as Non-Sensitive Positions – Tier 1/Low Risk
Cabinet Installer
Laborers
Flooring Installer
Painters
Electricians
Plumbers
Positions/Tasks Designated as Non-Sensitive Positions – Tier 2/Mod Risk
Positions/Tasks Designated as Non-Sensitive Positions – Tier 4/High Risk
Security clearances are granted to individuals with a specific requirement for access to classified material (for example, Confidential, Secret and Top Secret). Contractor personnel that are required to obtain a security clearance will be subject to a Tier 3 or Tier 5 investigation. The following sensitivity designations have been assigned for the identified Tier 3 and Tier 5 required by this contract:
Tier 3:
Tier 5:
(d) Fitness. The results from a background investigation are used to determine if an individual’s fitness is sufficient for that individual to perform work for or on behalf of VA in the position identified in this contract. Contractor fitness determinations are made in accordance with 5 CFR Part 731.202.
Fitness requirements for employment are separate and distinct from job qualifications. If a
Contractor or subcontractor employee is found to be unsuitable or unfit to provide services under this contract, the Contractor shall immediately remove the employee from working on this https://vaww.va.gov/vapubs/index.cfm https://pdt.nbis.mil/consent contract and take those necessary steps that restrict the employee’s logical access to VA data, information, VA sensitive information, or information technology or VA information systems containing such data or information.
The Contractor shall advise the employee that they are not permitted to access any VA controlled building or real property in relation to this contract. The removal of an unfit Contractor or subcontractor employee does not alleviate the Contractor from satisfying the requirements of this contract. The Government will not reimburse the Contractor for any costs associated with the recruitment/replacement of an employee or subcontractor employee who is found to be unfit.
(e) Identification Cards. The Government will provide a Personal Identification Verification
(PIV) card or other identification card, as necessary, to fit Contractor personnel who require physical access to VA facilities and/or logical access to VA data, information, VA sensitive information, or information technology or VA information systems containing such data or information. Contractor and subcontractor personnel shall prominently display their
PIV/identification card on their persons while working at a VA facility and shall present their
PIV/identification card for inspection upon request by a VA official. The Contractor must surrender the employee or subcontractor employee’s PIV/identification card in accordance with the requirements set forth in Directive/Handbook 0735 when any of the following events occur:
1. When no longer needed for contract performance.
2. Upon completion of the Contractor/subcontractor employee’s employment.
3. Upon contract completion or termination.
(f) Lost/stolen. Immediately upon detection, the Contractor shall report a lost or stolen
PIV/identification card to the Government authorities as identified in Directive/Handbook 0735.
Within 48 hours of reporting the lost/stolen PIV/identification card, the Contractor shall submit to the Program Manager an incident report that describes the relevant facts and circumstances regarding the loss/theft. If the loss/theft was reported by the Contractor to the local police, the
Contractor shall further submit a copy of the final police report to the Program Manager within
48 hours of the report being made available by the local police department. The Government will not reimburse the Contractor for any costs that result from lost/stolen PIV/identification card(s).
(g) Regular Reporting. The Contractor shall submit a status report to PIV Sponsor within 5 working days after the end of each calendar quarter and as requested by the Government in order to initiate contract closeout procedures. The report must provide the status of each contractor/subcontractor employee who is required to have a PIV/identification card during the performance of the contract. The report shall identify the Contractor and the contract number, and list the following status for each contractor/subcontractor employee who holds a
PIV/identification card under this contract:
1. Contractor/subcontractor employee name.
2. Name of VA facility where Contractor/subcontractor employee works, if applicable.
3. Date background check submitted for Contractor/subcontractor employee.
4. Date PIV/identification card issued to Contractor/subcontractor employee.
5. Contractor/subcontractor employee’s PIV/identification card number, as applicable.
6. Date Contractor/subcontractor employee no longer has need for PIV/identification card.
7. Date Contractor notified VA that PIV/identification card is no longer required.
8. Date Contractor returned PIV/identification card was returned to VA.
(h) Flow down of clause. The Contractor shall include the substance of this clause in subcontracts, third-party agreements, and BAA’s, in which subcontractors, third-party servicers/employees, and business associates will perform functions where they will have physical access to a VA facility or logical access to VA data, information, VA sensitive information, or information technology or VA information system containing such data or information.
C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON
SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND
CONSTRUCTION (JAN 2023) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:
(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified
SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.
(ii) [X] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in
852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–
74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating 18 U.S.C. 1001.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee: ___________
Printed Title of Signee: _____________
Signature: ____________
Date: ______________
Company Name and Address: _______________
(End of Addendum to 52.212-4)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR
ATTACHMENTS
See attached document: Attachment A - 659-26-001_DWGS_B42 Resident Kitchens.
See attached document: Attachment B - 659-26-001_QASP Resident Kitchens.
See attached document: Attachment C - Site Visit Map.
See attached document: Attachment D - Davis-Bacon Act WD NC20260017.
See attached document: Attachment E- VAAR 852.219-75 - VA Limitations on
Subcontracting - Certificate on Compliance for Services and Construction.
SECTION E - SOLICITATION PROVISIONS
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
Note that FAR PART 12 Procedures will be used for this requirement.
1. QUOTE SUBMISSION
Quotes shall be based on requirements contained in the Performance Work Statement
(PWS).
Quotes shall be assembled by the following Sections: each section shall be easily identified.
Section A - Offer Form (Standard Form 1449)
Include the North American Industry Classification System (NAICS) code and small business size standard in Block 10. Unique Entity Identifier (UEI) shall be entered in the block with the Offerors name and address.
Section B – Pricing
Pricing shall be submitted on Section B.2 of the solicitation. Total price will be evaluated by the Government. Quoted price should reflect a clear understanding of the requirements and is consistent with the various elements of the quote.
Section C – Technical/Management Approach
Offerors shall submit a quote that addresses all aspects of the Performance Work Statement (PWS). All technical elements applicable to the utilization of subcontractors must be addressed in the technical approach
Factor 1 : Technical and Experience Approach
a) Offeror shall submit a detailed technical approach for completing the requirements of PWS. To include but not limited to; amount of equipment to be installed, a timeline of which facilities and rooms are to be worked on, a detailed summary of the equipment supplied and their comparable specification to those listed on the PWS.
b) Offeror shall provide installers to complete the work outlined in the
PWS that are Original Equipment Manufacture (OEM) certified for installation service.
c) Offeror shall coordinate all work and installation with pre-determined point-of-contact .
d) Offeror shall demonstrate and provide that they can complete and have completed similar work at VA facilities before.
Factor 2: Price
a) Price submission shall be submitted and labeled in accordance with
Section E. 1, Paragraph (a) (1). Alternate price schedules will not be considered.
Factor 3: Past Performance
a) Only references for the same or similar type contracts are desired.
1. Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for the same or similar type of contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems.
b) Performance Surveys:
a) The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. Identify all federal, state, and local government contracts as well as any private/commercial contracts of similar scope, size, complexity that are ongoing or have been completed within the last three (3) years. List the following information for each contract:
a. Company Name and Address
b. Description of Services Performed
c. Name, Telephone Number and Email Address of
Responsible individuals who have first-hand knowledge of performance relative to similar type of services
d. Contract Number
e. Dates of Contract Performance
f. Contract Type (e.g. fixed-price, cost reimbursable) and total contract value
g. Provide all past performance information requested in the Past Performance award factor (See award
Basis).
Section D – VAAR Clause Completion - VAAR 852.219-75 – VA Notice of Subcontracting – Certificate and Compliance For Services and Construction – Complete and sign.
All Offerors shall be registered and current in the System for Award Management (SAM) database at the time of quote submission and award.
All offerors must be a certified SDVOSB at the time of quote submission.
Failure to submit a completed and signed VAAR 852.219-75 - VA Notice of
Subcontracting – Certificate and Compliance For Services and Construction, will result in a technically unacceptable determination.
Failure to submit a complete quote will result in a technically unacceptable determination.
2. Amendments:
Amendments to this solicitation will be posted on SAM.gov. Paper copies of the amendments will NOT be individually mailed. Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation.
Failure to acknowledge an amendment may result in your quote being considered unacceptable.
3. SITE VISIT INFORMATION
Site Visit Instruction to Attendee
During the site visit vendor questions will not be answered or addressed. Questions about this solicitation shall be submitted in accordance with the instructions listed in the solicitation and shall be submitted within the time windows specified to the point of contact indicated.
Date: The site visit will be conducted on Monday, August 3rd
Time: The site visit will begin at: 09:00 AM.
Location: Bldg 42, Resident Kitchens
Meet at: Bldg 15, Plans & Projects. We will walk over to Bldg 42.
Contractor Meeting Point:
On the day of the site visit contractors shall meet at Building 15. Arrive no later than 10 minutes prior to the start time to allow for unexpected delays or occurrences.
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