36C24926R0037_1.docx
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- Solicitation number
- 36C24926R0037_0001
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This is a Solicitation, Offer, and Award form (SF 1442) for construction services at a Department of Veterans Affairs facility. The Department of Veterans Affairs Network Contracting Office 9 is soliciting bids for a general renovation construction project to renovate Building 1, 1st Floor Primary Care clinic at the Lt. Col. Luke Weathers, Jr VA Medical Center in Memphis, Tennessee. The project involves interior build-out including wall construction, finishes, mechanical, lighting, and plumbing systems, as well as renovation work including removal of existing clinical lab, interior walls, patching and matching finishes, and remodeling of existing areas to create toilet rooms and corridors. The base bid performance period is 547 calendar days from Notice to Proceed, with five alternate bid items that would reduce the period of performance if accepted (ranging from 20 to 50 calendar days). The estimated contract value is between $10,000,000 and $20,000,000, under NAICS code 236220.
The solicitation is 100% set-aside for Service-Disabled Veteran Owned Small Businesses (SDVOSB) as required by P.L. 109-461 and VAAR 852.219-73. Offers are due by 2:00 PM CDT on July 31, 2026, submitted electronically to matthew.whisman@va.gov as a single copy of the complete proposal with an accompanying bid bond. A mandatory site visit is scheduled for July 9, 2026 at 2:00 PM CDT. The procurement is being conducted as a Lowest Price Technically Acceptable (LPTA) award under FAR 15.103-2. Offerors must be registered and verified in the SBA Dynamic Small Business Search registry at time of offer and award, maintain active SAM registration, and submit proof of current SBA DSBS/SBS registry with their proposal. Technical evaluation criteria include relevant construction experience (six requirements covering VA facility renovation, clinical lab projects, door/window replacement, crane operations coordination, and mechanical and electrical contractor coordination), key personnel experience (four requirements), and past performance (minimum two past performance questionnaires and two CPARS ratings of satisfactory or above). Bid guarantees of 20 percent of bid price (not to exceed $3,000,000) are required, and performance and payment bonds must be provided within 10 calendar days of award. The Contracting Officer is John L. Mccomas, with Matthew R. Whisman as the point of contact at 859-281-3883.
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36C24926R0044
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.
36C24926R0037 X 07-01-2026 614-26-2-5540-0001 614-17-113 Department of Veterans Affairs Network Contracting Office 9 (90C)
NCO 9
1639 Medical Center Parkway, Suite 204 Murfreesboro
TN
37129 Department of Veterans Affairs Network Contracting Office 9 (90C)
NCO 9
1639 Medical Center Parkway, Suite 204 Murfreesboro
TN
37129 Matthew R. Whisman 859-281-3883 Contractor shall furnish all labor, material, equipment and supervision necessary for Project # 614-17-113 Construction to Renovate Bldg. 1 Primary Care at the Lt. Col. Luke Weathers, Jr VA Medical Center in Memphis, TN.
NAICS code: 236220 Size Standard: $45M Set-Aside: 100% Service-Disabled Veteran Owned Small Business (SDVOSB) Reference VAAR 852.219-73 Magnitude of Construction: $10,000,000.00 to $20,000,000.00
Site Visit: July 9, 2026 at 2PM CDT, meet at Building No.35. There will only be one (1) site visit for this project. Please make sure to bring any necessary items to properly inspect the site.
To obtain clarifications and/or additional information concerning the contract requirement, specifications and/or drawings, submit a written request for information (RFI) via email to matthew.whisman@va.gov. RFIs must be specific in identifying section, paragraph, and page number and must be in question format. All RFIs submitted shall include the project number and title, contractor name, city, state, phone number, date submitted and RFI questions. Questions received after 1PM CDT July 15, 2026, will not be answered unless determined to be in the best interest of the government. Telephone requests will NOT be accepted. Technical questions will not be answered at the site visit as questions 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. In order to be eligible to receive an award under this solicitation, the SDVOSB & Joint Venture (JV) contractors must be listed & viewable in the SBA-DSBS Registry located at https://www.sba.gov at the time of offers due and at 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 or shall be rendered as non-responsive and not eligible for award. Additionally, failure to complete and sign all required RFO certifications will render the offeror as technically unacceptable and ineligible for award. Joint Ventures (JVs) submitting an offer shall 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.
Project will be procured under FAR 15.103-2 Lowest Price Technically Acceptable.
Offerors are to submit one (1) electronic copy of entire proposal (in the order as solicited) along with, an electronic copy of bid bond to matthew.whisman@va.gov, on or before the due date/time stated in Block 13. Proposals are to be submitted via email only. Proposals sent in any form other than email will be rendered unacceptable outright and will not be eligible for award.
X X 52.211-10 X
2PM
CDT
07-31-2026 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
614-3660162-5540-854200-3220 23NR8JA09
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 X 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 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 15 |
| 2.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 15 |
| 2.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 28 |
| 2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) | 29 |
| 2.4 52.228-1 BID GUARANTEE (SEP 1996) | 29 |
| 2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 30 |
| 2.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 30 |
| 2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 34 |
| 2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 35 |
| 2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 35 |
| REPRESENTATIONS AND CERTIFICATIONS | 37 |
| 3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 37 |
| 3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 38 |
| GENERAL CONDITIONS | 41 |
| 4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021) | 41 |
| 4.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 42 |
| 4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 42 |
| 4.4 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2025) (DEVIATION) | 43 |
| 4.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (NOV 2025) (DEVIATION) | 45 |
| 4.6 52.222-90 Addressing DEI Discrimination by Federal Contractors | 46 |
| 4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION) | 46 |
| 4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV 2025) | 48 |
| 4.9 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 52 |
| 4.10 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2025) (DEVIATION) | 53 |
| 4.11 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) | 59 |
| 4.12 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007) ALTERNATE I (DEC 2007) | 60 |
| 4.13 SUPPLEMENTAL INSURANCE REQUIREMENTS | 61 |
| 4.14 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 62 |
| 4.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 71 |
| 4.16 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV 2025) (DEVIATION) | 73 |
| 4.17 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 74 |
| 4.18 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 77 |
| 4.19 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 79 |
| 4.20 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 80 |
| 4.21 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 81 |
| 4.22 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 82 |
| 4.23 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 82 |
| 4.24 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 83 |
| 4.25 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 84 |
| 4.26 MANDATORY WRITTEN DISCLOSURES | 85 |
| 4.29 List of Attachments | 85 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM I – BASE BID ITEM - Work includes general construction of the 1st floor Renovation of Building 1 Primary Care clinic. The new interior build-out is for a primary care clinic with wall construction, finishes, mechanical, lighting and plumbing systems. Renovation work includes interior renovation and removal of existing clinical lab, interior walls, patching and matching finishes and remodel of existing areas to create toilet rooms and corridors. The period of performance is 547 calendar days.
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM II - ALTERNATE A - DEDUCT SLIDING DOOR (PATIENT SIDE)
Remove approximately 39 sliding doors from the patient corridor side of all medical exam, procedure and tele-health rooms and replace with standard swinging 42" doors. Acceptance of Bid Item II will reduce the overall period of performance by 20 calendar days.
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM III - ALTERNATE B - DEDUCT SLIDING DOOR (STAFF SIDE)
Remove approximately 42 sliding doors from the teamwork area side of all medical exam and tele-health rooms and replace with standard swinging 36" doors. Acceptance of Bid Item III will reduce the overall period of performance by 30 calendar days.
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM IV - ALTERNATE C - DEDUCT SYSTEMS FURNITURE
Remove all system furniture indicated to be supplied and installed by the general contractor. Area includes but not limited to patient exam rooms, teamwork areas, PACT workrooms, shared medial appt rooms and tele-health rooms. Acceptance of Bid Item IV will reduce the overall period of performance by 50 calendar days.
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM V - ALTERNATE D - DEDUCT TERRAZO FLOORING
Remove all terrazzo as indicated and replaced by LVT to be supplied and installed by the general contractor. Area includes but is not limited to the entrance corridor. Refer to AF102 for the extent of floor coverage and design. Acceptance of Bid Item V will have no impact on the period of performance.
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM VI - ALTERNATE E - DEDUCT MAIN ENTRANCE VESTIBULE
Remove all work at the main entrance vestibule indicated to be supplied and installed by the general contractor. Acceptance of Bid Item VI will have no impact on the period of performance.
| GRAND TOTAL |
| __________________ |
STATEMENT OF WORK
A. GENERAL INFORMATION
1. Title of Project: Renovate Building 1 Primary Care
2. Scope of Work: Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work to Renovate Building 1 1st Floor Primary Care as required by drawings and specifications.
3. Background: Primary Care space is currently underutilized and very poorly configured for use as PACT space. Also, Primary Care Mental Health Integration measures cannot be achieved.
4. Performance Period: The contractor shall complete the work required under this SOW in a total of 547 calendar days or less from date of Notice to Proceed, unless otherwise directed by the Contracting Officer (CO). See Statement of Bid Items for exact period of performance associated with each Bid Item.
5. Working Hours: Normal hours at the Memphis VA Medical Center is 7:30AM to 4:00PM, Central Time. Work at other than normal hours are required for activities that impact the normal operations of Medical Center, i.e. utility shutdown, excessive noise and vibration.
B. CONTRACT AWARD MEETING
The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a pre-construction meeting or has advised the contractor that a pre-construction meeting is waived.
C. GENERAL REQUIREMENTS
STATEMENT OF BID ITEM(S)
BID ITEM I – BASE BID ITEM - Work includes general construction of the 1st floor Renovation of Building 1 Primary Care clinic. The new interior build-out is for a primary care clinic with wall construction, finishes, mechanical, lighting and plumbing systems. Renovation work includes interior renovation and removal of existing clinical lab, interior walls, patching and matching finishes and remodel of existing areas to create toilet rooms and corridors. The period of performance is 547 calendar days.
BID ITEM II - ALTERNATE A - DEDUCT SLIDING DOOR (PATIENT SIDE)
Remove approximately 39 sliding doors from the patient corridor side of all medical exam, procedure and tele-health rooms and replace with standard swinging 42" doors. Acceptance of Bid Item II will reduce the overall period of performance by 20 calendar days.
BID ITEM III - ALTERNATE B - DEDUCT SLIDING DOOR (STAFF SIDE)
Remove approximately 42 sliding doors from the teamwork area side of all medical exam and tele-health rooms and replace with standard swinging 36" doors. Acceptance of Bid Item III will reduce the overall period of performance by 30 calendar days.
BID ITEM IV - ALTERNATE C - DEDUCT SYSTEMS FURNITURE
Remove all system furniture indicated to be supplied and installed by the general contractor. Area includes but not limited to patient exam rooms, teamwork areas, PACT workrooms, shared medial appt rooms and tele-health rooms. Acceptance of Bid Item IV will reduce the overall period of performance by 50 calendar days.
BID ITEM V - ALTERNATE D - DEDUCT TERRAZO FLOORING
Remove all terrazzo as indicated and replaced by LVT to be supplied and installed by the general contractor. Area includes but is not limited to the entrance corridor. Refer to AF102 for the extent of floor coverage and design. Acceptance of Bid Item V will have no impact on the period of performance.
BID ITEM VI - ALTERNATE E - DEDUCT MAIN ENTRANCE VESTIBULE
Remove all work at the main entrance vestibule indicated to be supplied and installed by the general contractor. Acceptance of Bid Item VI will have no impact on the period of performance.
D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES
Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW.
Task One: Submittals
Deliverable One: Begin providing submittals in PDF for VA review within 10 days of Notice to Proceed.
Task Two: Work performance.
Deliverable One: Provide completed work that is fully inspected and remediated within 547 days of Notice to Proceed.
E. SCHEDULE FOR DELIVERABLES
1. The contractor shall complete a Gantt chart schedule complete with swim lanes, hold points, deliverable milestones, and critical path. All features of work shall be captured in the Gantt chart schedule along with the corresponding administrative submittals.
2. Unless otherwise specified, the number of draft copies and the number of final copies shall be the same.
3. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations. If deliverable cannot be delivered within the scheduled time frame, compensation may be taken from the contractor.
F. CHANGES TO STATEMENT OF WORK
Any changes to this SOW shall be authorized and approved only through written modifications to the contract by the CO. A copy of each modification will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.
G. REPORTING REQUIREMENTS
1. Daily Logs submitted electronically by the following work day.
2. Certified Payrolls submitted electronically bi-weekly.
3. Safety reporting in accordance with applicable sections of the specifications.
4. Test reports in accordance with applicable sections of the specifications.
5. Construction waste tracking in accordance with the applicable sections of the specifications, but no less than monthly once construction work has begun.
H. CONTRACTOR EXPERIENCE REQUIREMENTS
· The contractor must inform the VHA COR when personnel are removed from the contract for any reason.
· If a key person becomes unavailable to complete the contract, proposed substitutions of key personnel shall be made to the COR and CO.
I. SECURITY AND CONFIDENTIALITY
The Authorization requirements do not apply, so a Security Accreditation Package is not required.
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 Authorization requirements do not apply, and that a Security Accreditation Package is not required.
3. 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.
4. 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.
5. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to VA Police with acceptable photo ID to obtain a badge. 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.
6. No photography or video recording of VA premises is allowed without prior authorization from the VA COR.
7. VA issued keys are to remain on VA property. Keys that are checked out from the Engineering Office shall be returned each day.
8. Privacy – VA Mandatory Training
· VA Privacy Training for employees with access to VA computer systems or VA sensitive information.
· VA Talent Management System (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 Talent Management System (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.
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, FAR 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 in order 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 are in compliance with 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 in the course of 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 Contracting Officer within 30 days of termination of the contract.
· The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if National Institute of Standards & Technology (NIST) issues or updates applicable Federal Information Processing Standard (FIPS) or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this 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.
· If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
· If a VHA contract is terminated for cause, the associated Business Associate Agreements must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
· The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
· The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.
· Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
· Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
· For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment(CSCA) on a yearly basis and provide it to the COR.
· Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
· Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
· Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.
· 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 by the Freedom of Information Act.
· Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
· The Government Agency owns the rights to all data/records produced as part of this contract.
· The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
· Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].
· No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
· Contractor is required to obtain the Contracting Officer'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 this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
END STATEMENT OF WORK
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, 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 offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer 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—
(A) 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 offers; or
(B) 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
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers 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.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.
(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.
(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by-
(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or
(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) [Reserved]
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision) 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:
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 “36C24926R0037” 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, and Price Breakout Schedule.
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.
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.
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
BID GUARANTEE
Contractors submitting bids must furnish a bid guarantee in an amount no less than 20 percent of the bid price and not exceed $3,000,000, consistent with RFO Subpart 28.101‑1 and 28.101‑3. Bids lacking the required guarantee, in proper form and amount, by bid opening will be rejected unless eligibility for waiver exists under RFO Subpart 28.101‑4. Bid guarantees must be submitted on original Standard Form 24 (Bid Bond) with “wet ink” signatures (no white‑outs, faxed or photocopied signatures), identifying the correct solicitation number and bid opening date, and executed by a corporate surety listed in Treasury Circular 570. Individual sureties, if permitted, must be accepted by the CO under RFO 28.203 and accompanied by Standard Form 28 (Affidavit of Individual Surety). Alternative forms of bid security authorized by RFO Subpart 28.203‑2—such as cashier’s checks, letters of credit, or escrow agreements—are acceptable if specified in the solicitation
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…
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