36C24926R0017_1.docx
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- Solicitation number
- 36C24926R0017
About this file
This is a Solicitation, Offer, and Award document (SF 1442) for a construction contract to upgrade the steam distribution system at the Tennessee Valley Healthcare System VA Medical Center in Murfreesboro, Tennessee. The project (626A4-22-202) involves demolition and new construction including general construction, civil, structural, architectural, mechanical, plumbing, electrical, low voltage, and industrial hygiene work. The contract is a Firm Fixed Price award with an estimated magnitude between $10,000,000 and $20,000,000, assigned NAICS code 238220 (Plumbing, Heating, and Air-Conditioning Contractors), with a small business size standard of $19 million. This is a 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns, and offerors must be listed and verified in the SBA Dynamic Small Business Search Registry at time of offer and award. The period of performance is 546 calendar days after issuance of Notice to Proceed, with normal working hours Monday through Thursday, 6 a.m. to 4:30 p.m., though weekend and evening work may be required with advance approval.
Sealed offers were due May 8, 2026, at 1:00 PM CDT, submitted electronically to the Contract Specialist. A mandatory site visit was scheduled for April 16, 2026, at 9:00 AM CT at Building 16 (Boiler Plant), Murfreesboro, Tennessee. Requests for Information must be submitted by April 22, 2026, at 1:00 PM CT via email. All offerors must submit proof of active SAM registration, completed SF 1442 Offer page with acknowledged amendments, Price Breakout Schedule, EMR Certification Form, General Conditions Breakout, Calculation of Contractor Self Performed Work, TAX ID UEI Document, and one electronic copy of a bid bond. The evaluation uses a Lowest Price Technically Acceptable (LPTA) source selection methodology, with award made to the lowest-priced technically acceptable SDVOSB offeror. Technical evaluation factors include Relevant Construction Experience (10 specific requirements including prior hospital steam distribution upgrades at VA facilities valued $5,000,000 or more), Key Personnel Experience (9 requirements for Project Manager/Site Superintendent), and Past Performance (submission of two satisfactory-rated Past Performance Questionnaires). Performance and Payment bonds are required per FAR 52.228-15. The contract is administered by the Department of Veterans Affairs Network Contracting Office 9 (90C) in Murfreesboro, Tennessee, with John L. Mccomas serving as Contracting Officer.
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36C24926R0017 Attachments
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.
36C24926R0017 X 04-08-2026 626-26-3-4225-0005 626A4-22-202 90C Department of Veterans Affairs Network Contracting Office 9 (90C) John L. Mccomas, Contracting Officer 1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129 Department of Veterans Affairs Network Contracting Office 9 (90C) Jen Jamieson, Contract Specialist jen.jamieson@va.gov Jen Jamieson 615-876-6000 ext 20202 Contractor shall furnish all labor, material, equipment and supervision necessary to accomplish the work to Upgrade Steam Distribution System at York Campus VAMC, 3400 Lebanon Road, Murfreesboro, TN 37129 in accordance with the specifications and drawings. Work includes demolition and new construction including, but not limited to, general construction, civil, structural, architectural, mechanical, plumbing, electrical, low voltage, industrial hygiene, and certain other items. Contract Type: Firm Fixed Price. Magnitude of Construction: Between $10,000,000 and $20,000,00.
NAICS Code: 238220. Small Business Size: $19 Million
Site Visit: 16 Apr 2026, 9:00 AM CT, meet outside Bldg 16 (Boiler Plant), Murfreesboro, TN (see Atch 12, Map). There will only one (1) site visit for this project. Please make sure to bring any necessary items to properly inspect site.
Submit Requests for Information (RFI) with Questions/RFI via email by Wednesday , 2 April 2026, 1:00 PM CT to obtain clarifications and/or additional information concerning contract requirement, specifications, and/or drawings, submit written RFI via email to Jen Jamieson, Contract Specialist at jen.jamieson@va.gov and Jeannette L. Morphew, Sr Contract Specialist at jeannette.morphew@va.gov. RFI's must be specific in identifying section, paragraph and page number and must be in question format. All RFI's submitted shall include project number and title, contractor name, city, state telephone, email address, date submitted and RFI question(s). Questions received after 1:00 PM CT, 2 April 2026 will not be answered unless it is determined to be in the best interest of the Government as deemed by Contracting Officer.
Telephone requests will NOT be accepted. All questions at the site visit MUST BE in writing and submitted as an RFI.
In accordance with P.L. 109-461, this acquisition is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns. To be eligible to receive an award under this solicitation, the SDVOSB contractor must be listed and viewable in the SBA DSBS Registry located at https://www.sba.gov/ at the time of offers due and at time of the award. In accordance with FAR 52.204-7 System for Award Management (SAM), all prospective offerors must have an active SAM's registration at https://sam.gov/ at the time of offer and at time of the award.
Joint Ventures (JVs) submitting an offer must also submit printed proof of their SBA DSBS and / or SBA SDVOSB certification with their offer. JV offerors failing to submit this proof shall be rendered technically unacceptable outright and shall not be eligible for award.
Failure to complete and sign the certifications required under RFO clauses 52.209-7, 52.209-13, 52.219-1, 52.219-28, and VAAR clause 852.219-75 will render the offeror technically unacceptable and ineligible for award.
Submit one (1) electronic copy of proposal with a copy of bid bond via email to jen.jamieson@va.gov and jeannette.morphew@va.gov. Solicitation shall be returned in complete format with all pages in its original format, as so solicited.
X X X 1 electronic
1:00 PM
CDT
05- -2026 X
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NUMBER
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (
26. ADMINISTERED BY
27. PAYMENT WILL BE MADE BY
PHONE:
FAX:
28. NEGOTIATED AGREEMENT
29. AWARD
Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.
shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER
TO SIGN
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE
BY
OFFER
AWARD
STANDARD FORM 1442 (REV. 8/2014) BACK
(Include ZIP Code) (Include area code) (Include only if different than Item 14.)
(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)
(Contractor is not required to sign this document.)
(Must be fully completed by offeror) (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
Bid Item 1: ____________________________________________ Detailed pricing must be submitted on the attached form titled "Price Breakout Schedule"
626-36X0162-4225-854200-3220 23NR2JA26
90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129 90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically
Setup 1-877-489-6135 John L. Mccomas Contracting Officer
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| A.3 PRICE/COST SCHEDULE | 5 |
| ITEM INFORMATION | 5 |
| A.4 STATEMENT OF WORK | 6 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 7 |
| IMPORTANT OFFEROR INFORMATION | 7 |
| 2.1 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (NOV 2021) | 15 |
| EVALUATION FACTORS | 19 |
| 2.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 25 |
| 2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) | 25 |
| 2.4 52.233-2 SERVICE OF PROTEST (SEP 2006) | 25 |
| 2.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 26 |
| 2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 30 |
| REPRESENTATIONS AND CERTIFICATIONS | 31 |
| 3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 31 |
| 3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 32 |
| GENERAL CONDITIONS | 35 |
| 4.1 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION) | 35 |
| 4.2 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION) | 37 |
| 4.3 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (MAR 2020) | 39 |
| 4.4 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2025) (DEVIATION) | 39 |
| 4.5 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2025) (DEVIATION) | 42 |
| 4.6 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) | 47 |
| 4.7 SUPPLEMENTAL INSURANCE REQUIREMENTS | 48 |
| 4.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 49 |
| 4.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 58 |
| 4.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 61 |
| 4.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 63 |
| 4.12 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 63 |
| ATTACHMENTS | 65 |
| Attachment 1 WD Rutherford County TN20260187 dated 01022026. | 65 |
| Attachment 2A Regulated Building Materials Survey Report. | 65 |
| Attachment 2B Engineering Service Confined Space Entry Policy. | 65 |
| Attachment 2C BOD Electric Condensate Packages. | 65 |
| Attachment 3 Specifications 626A4-22-202 AJP-Upgrade Steam Distribution Final. | 65 |
| Attachment 4 ENG FORM 4288-R. | 65 |
| Attachment 5 Drawings 626A4-22-202 AJP-Upgrade Steam Distribution. | 65 |
| Attachment 6 Calculation of Contractor Self Performed Work. | 65 |
| Attachment 7 Contractor EMR Certification Form. | 65 |
| Attachment 8 General Conditions Breakout. | 65 |
| Attachment 9 Price Breakout Schedule. | 65 |
| Attachment 10 TAX ID UEI Document. | 65 |
| Attachment 11 Past Performance Questionnaire. | 65 |
| Attachment 12 Site Visit Map. | 65 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| ________ |
| ______________ |
Project 626A4-22-202 AJP-Upgrade Steam Distribution System The contractor shall furnish all labor, material, equipment and supervision necessary to accomplish the work to Upgrade Steam Distribution System at the Tennessee Valley Healthcare System, VA Medical Center, 3400 Lebanon Road, Murfreesboro, TN 37129 in accordance with the specifications and drawings. Work includes demolition and new construction, including, but not limited to general construction, civil, structural, architectural, mechanical, plumbing, electrical, low voltage, industrial hygiene, and certain other items.
Period of Performance:
564 calendar days after issuance of Notice to Proceed (NTP).
PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: Z2DZ – Repair or Alteration of Other Hospital Buildings
LOCAL STOCK NUMBER: 626A4-22-202
| GRAND TOTAL |
| __________________ |
Page 1 of Page 1 of
A.4 STATEMENT OF WORK
A. GENERAL INFORMATION
1. Title of Project: Project# 626A4-22-202 “AJP-Upgrade Steam Distribution System”
2. Scope of Work: The contractor shall furnish all labor, material, equipment and supervision necessary to accomplish the work for Project# 626A4-22-202 "AJP-Upgrade Steam Distribution System” at the Tennessee Valley Healthcare System, VA Medical Center, 3400 Lebanon Road, Murfreesboro, TN 37129 in accordance with the specifications and drawings. Work includes demolition and new construction including, but not limited to, general construction, civil, structural, architectural, mechanical, plumbing, electrical, low voltage, industrial hygiene, and certain other items.
3. Statement Of Bid Item(S)
BID ITEM 1: Includes all work per drawings and specifications. Period of Performance: 546 calendar days
B. GENERAL REQUIREMENTS
1. All work, including materials, will be warranted for a period of one year unless otherwise indicated in the specifications and drawings.
2. Normal working hours are Monday through Thursday from 6 a.m. to 4:30 p.m.
3. Contractor may be required to work some nights and or weekends to perform this work and maintain functionality of affected areas, and to minimize disruptions to the Medical Center’s operations. Weekend and evening work shall be identified on the project schedule submitted by the contractor and approved by the VA before work begins.
4. Steam shutdowns will not be allowed if outside temperatures are below 58˚F or a temporary means of supporting the building(s) is identified prior to the shutdown. Contractor must consider this when producing a schedule. Outside temperature related issues will result in no additional cost to the government.
5. No clamp-on saddles are allowed in the system.
6. In addition to the specifications and drawing’s locations, provide an additional 30 analog pressure gauges to install at locations coordinated with the COR during construction.
7. Ductile and Cast-iron materials are strictly prohibited unless otherwise noted in the specifications and drawings.
8. See specifications and drawings for additional requirements.
C. ADDITIONAL ATTACHMENTS
1. Attachment 2A - Regulated Building Materials Survey Report
2. Attachment 2B - Engineering Service Confined Space Entry Policy
3. Attachment 2C - BOD Electrical Condensate Packages
END OF STATEMENT OF WORK
36C24926R0017
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
Page 1 of Page 1 of
IMPORTANT OFFEROR INFORMATION
SOLICITATION MATERIALS
All solicitation materials (drawings, specifications, contract forms, Amendments, and other documents) will be posted to the Contract Opportunities Government website at https://sam.gov/. Enter “36C24926R0017” into the search box to access the materials. This is the only official location where documents and updates are posted. No hard-copy solicitation materials are available.
SOLICITATION SUBMISSION
The following documents must be included in the submission, in the formats stated:
SF1442 OFFER PAGE & REQUIRED CONTENTS
One (1) electronic copy of an original, fully completed, signed, and dated Standard Form SF1442 Offer page. Acknowledgment of all amendments (complete block 19 of the SF1442 or blocks 15a, 15b, 15c of each Amendment and include them with the SF1442 Offer). Prices on all line items listed on the Price/Cost Schedule. Completed Representations and Certifications (Revolutionary Federal Acquisition Regulation Overhaul (RFO) Clause 52.204-7). Fully completed Calculation of Contractor Self Performed Work, Contractor Experience Modification Rate (EMR) Certification, General Conditions Breakout, Price Breakout Schedule, and TAX ID UEI document.
Offerors are responsible for insuring and verifying that their offer and all required solicitation documents are received at the office and point of contact designated in block 8 of the SF1442 and by the date and time specified in block 13A of SF1442 (as amended).
BID BOND / BID SECURITY
One (1) electronic copy of an original, completed, and signed SF24 Bid Bond (or allowable Bid Security) emailed to the Contract Specialist (CS) / Sr Contract Specialist (SCS) responsible for the solicitation per RFO Subpart 28.101 and RFO Subpart 28.102. Any missing elements of the bid bond submission may render the offeror ineligible, and the offer will not be considered.
PROJECT INFORMATION
Proposals are due and time: 8 May 2026, at 1:00 PM CT Project Number and Title: 626A4-22-202 - AJP-Upgrade Steam Distribution System Location: Alvin C. York VA Medical Center, 3400 Lebanon Road, Murfreesboro, TN 37129-1237 Magnitude Of Construction: Between $10,000,000 and $20,000,000 North American Industry Classification System (NAICS) Code: 238220 – Plumbing, Heating, and Air-Conditioning Contractors Small Business Size Standard: $19 Million Type Of Set-Aside: This solicitation is a 100% set-aside for SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB).
FEDERAL HOLIDAYS
Per 5 U.S.C. §6103, federal holidays include: New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday -- Saturday or Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday).
PRIVACY TRAINING / VA TMS
All workers, regardless of project length, must complete VA Privacy Training prior to starting work and annually thereafter. This will be coordinated after project award with the Contracting Officer’s Representative (COR).
Personnel without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information. A copy of the signed training must be submitted to the COR and uploaded to the VA Talent Management System (TMS).
All contractors are required to complete:
· VA Privacy Training for employees with access to VA computer systems or VA sensitive information.
· VA TMS training course VA10176 provides the mandatory Privacy Training requirements for any contractor with access to VA computer systems or VA sensitive information.
· VA Privacy Training for employees without access to VA computer systems or VA sensitive information.
· VA TMS training course VA20939 provides the mandatory Privacy Training requirements for any contractor without access to VA computer systems or VA sensitive information.
· Each employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.
· Provide the COR with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.
· Training must be completed annually throughout the performance of this contract.
Contractor employees shall not be considered government employees for any purpose under this contract.
Changes to any resultant contract may only be made by a written modification which is formally executed by the contractor and the CO.
DATABASE REGISTRATION INFORMATION
SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION
The System for Award Management (SAM), located at https://sam.gov, is the official U.S. Government repository consolidating the functions of the former Central Contractor Registration (CCR, including FedReg), the Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Consistent with RFO Subpart 4.203, an offeror must be registered in SAM at the time of offer or quotation submission in order to comply with annual representations and certifications requirements, unless exempt under RFO Subpart 4.203-1(b). Pursuant to RFO Clause 52.204‑7, the offeror is required to maintain SAM registration at the time of offer submission and at the time of award. RFO provisions mandate that any contractor wishing to conduct business with the federal government and submit offers on federal procurement actions must have an active SAM registration, unless specifically exempted. In the event that the apparently successful offeror lacks an active SAM registration at the time of offer submission, the CO will grant a limited, reasonable cure period within which the offeror must obtain an active SAM registration; and if the offeror fails to register within that timeframe, deem the proposal non‑responsive to the solicitation requirements and proceed to award the contract to the next qualified offeror. The foregoing requirement shall be clearly reflected in the solicitation and incorporated into any resultant contract award documentation.
THE EXCLUDED PARTIES LIST SYSTEM (EPLS)
The Contractor must verify that no individual or entity providing services under this contract is excluded under Sections 1128 or 1128A of the Social Security Act by consulting the Excluded Parties List System (EPLS) on https://sam.gov prior to engagement. The Contractor is expressly prohibited from employing or subcontracting with any individual or entity appearing on the List of Excluded Individuals and Entities (LEIE); continued performance with any excluded party is strictly forbidden throughout the duration of this contract.
SMALL BUSINESS ADMINISTRATION (SBA) DYNAMIC SMALL BUSINESS SEARCH (DSBS) REGISTRATION The SBA’s Small Business Search (formerly DSBS), available at https://www.sba.gov/, is the official U.S. Government portal for small business representation and certification. VAAR 819.7001(a) requires that contractors wishing to engage in federal procurement and bid on VA work maintain an active registration in SBA’s DSBS (now “Small Business Search”) at the time of offer submission and at award. Offerors must submit proof of a current SBA DSBS/SBS registry with their proposal. Failure to provide such documentation will render the proposal technically unacceptable and non‑responsive, disqualifying it from consideration. Joint Ventures (JVs) also must include SBA DSBS/SBS registration or SBA certification with their offer; absence of such proof will result in technical disqualification and ineligibility for award.
VETS-4212 REPORTING REQUIREMENT
Contractors and subcontractors awarded $150,000 or more in federal contracts during any fiscal year must file an annual VETS‑4212 Federal Contractor Veterans’ Employment Report under 38 U.S.C. 4212(d) and 41 CFR 61‑300. Compliance is mandatory by September 30 each year. Solicitations will include RFO Clause 52.222‑37, which requires offerors to certify that they have submitted their most recent VETS‑4212 report if subject to these reporting obligations. Contracting Officers are prohibited from awarding contracts to offerors who fail to submit the required VETS‑4212 report for the preceding fiscal year when subject to the requirement. Offerors should submit the report promptly to avoid award delays. For assistance and access to the web-based reporting form, visit https://www.dol.gov/agencies/vets/programs/vets4212.
BONDING INFORMATION
PERFORMANCE AND PAYMENT BONDS
Contractors shall provide Payment and Performance bonds in compliance with RFO requirements: for contracts over $35,000, a Payment Bond (SF 25A) is required, and for contracts exceeding $150,000, both Payment (SF 25A) and Performance Bonds (SF 25) are mandatory in accordance with RFO Subpart 28.102‑1 and RFO Clause 52.228‑15. Bonds must be submitted no later than 10 calendar days after award notification, bearing original “wet-ink” signatures with no white-outs or corrections. Copies or facsimiles will not be accepted.
SECURITY
BACKGROUND INVESTIGATIONS
All contractor and subcontractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.
Levels and associated types of Background Investigations:
· If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.
· If the project requires that workers require un-supervised, logical and/or physical access for 180 consecutive or aggregate days in a 365-day period, over a 3-year period, a background investigation may be required (Special Agency Check (SAC)) which must be completed prior to being allowed access.
· If the project requires that workers have access to a VA Network (such as the Building Management System) or un-supervised, full-time, logical, and/or restricted physical access for more than 6 months or more than 180 aggregate days in a one-year period, a background investigation is required (Special Agency Check and National Agency Check with Written Inquiries (NACI)) and access is not allowed until a favorable SAC completion.
All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract in order to recoup the investigation costs. The estimated cost for a SAC is $30.00 per employee and the estimated cost for a NACI check is $408.00 per employee (subject to change at any time).
It is agreed that:
1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the contract.
2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the CO for response.
3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.
4. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to the Engineering office with acceptable photo ID to obtain a badge. A VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.
5. No photography or video recording of VA premises is allowed without prior authorization.
6. VA issued keys are to remain on VA property. Keys that are checked out from the Engineering Office shall be returned each day.
7. The contractor is responsible for safekeeping of all drawings, project manual and other project information. This information shall be shared only with those with a specific need to accomplish the project.
8. All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the VA.
9. VA Information Custodial Language
· Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, RFO Clause 52.227-14(d)(1).
· VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures follow VA directive requirements.
· Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor while performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA CO within 30 calendar days of termination of the contract.
· The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
MEDICAL CENTER ACCESS
Anyone participating in the site visit, or for any other reason that involves visiting the medical center related to this solicitation, must have a valid ID on their person and their vehicle must be properly registered and insured. Visitors are prohibited from possessing weapons while on a federal installation (See 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities). Handheld cellphone usage or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.
E-VERIFY SYSTEM
Companies awarded a contract with the federal government shall enroll in E-Verify within 30 calendar days of the contract award date. They shall also begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (RFO Clause 52.222-54 Employment Eligibility Verification).
PRIME CONTRACTOR INFORMATION- SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATING INFORMATION
All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record (using the attached EMR information/data form). The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.
All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidders/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.
Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and Puerto Rico shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.
If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that it has assigned Bidder/Offeror a Unity Rating of 1.0.
The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.
This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.
CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS
The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for the contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.
All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon inclusion in the contract, the COR will verify that all contractor personnel have acquired EMS Awareness Training at their appropriate site or location.
REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, OR PROJECT MANAGER Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project Manager”, or their abbreviations are to be replaced with “Contracting Officer’s Representative (COR)”.
PAYMENT FOR MATERIALS STORED OFF-SITE
Payment in advance of installation for materials stored off-site is not authorized under this contract unless otherwise approved by the CO.
SCHEDULE OF MATERIAL SUBMITTALS
The submittals contemplated by RFO Clause 52.236-5, Material and Workmanship, are listed on the Schedule of Material Submittals in the Specifications, if provided. The schedule is for reference only – the selected contractor is responsible to provide all submittals required by the contract.
REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)
As prescribed in RFO Subpart 42.11, and in alignment with VA Policy, the Department of Veterans Affairs (VA) will evaluate contractor past performance on all contracts estimated to exceed $900,000, utilizing the CPARS to capture performance information that is shared with other Federal Contract Specialists and Procurement Officials for eligibility and source‑selection purposes. Contractors must be given the opportunity to review and comment on each performance evaluation prior to closure. Evaluations are conducted using the web-based CPARS platform—managed by the Naval Sea Logistics Center, Portsmouth, VA—which also provides integrated access to the Federal Awardee Performance and Integrity Information System (FAPIIS), utilized for responsibility determinations.
Each contractor with an award anticipated to exceed $900,000 must register in CPARS via https://www.cpars.gov/. Assistance is available from the CPARS Customer Support Desk at 207‑438‑1690. Registration must be completed no later than 30 calendar days after contract award, and contractors must maintain current contact information for their designated representative
Contracts of one (1) year or less, the CO will perform a single, final evaluation upon contract completion. Contracts exceeding one (1) year, the CO will evaluate the contractor's performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. All evaluations must be assigned in CPARS to the contractor’s designated representative, who has 30 calendar days to submit comments and re‑assign the report to the VA CO.
If the contractor fails to register timely or fails to submit comments within 30 days—even if assigned—the Government’s evaluation will be posted in CPARS with the notation: “Contractor failed to respond.”
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION RECORDS POLICIES
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. The Government and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the Government or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity (HCA). Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the contractor must report it to Government CO. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Government CO upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the Government’s control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the CO who awarded the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the CO's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by all Government guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with the project location VA Medical Center’s written policy.
8. The Contractor shall not create or maintain any records containing any non-public Government information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The Government owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government and shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by RFO Subpart 52.227-11 through RFO Subpart R 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. All training shall be coordinate with the COR assigned to the contract.
END OF IMPORTANT OFFEROR INFORMATION
2.1 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (NOV 2021)
(a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.
In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show—
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.
(3) Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination…
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