36C24926R0073_1.docx

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.

36C24926R0073 X 07-01-2026 596-26-3-5895-0002 596A4-24-101 Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

2250 Leestown Road, Bldg. 2, Room 228 Lexington

KY

40511 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 # 596A4-24-101 Construction to Replace Main Electrical Distribution Equipment at the Lexington VA Healthcare System, Lexington, KY.

NAICS code: 236220 Size Standard: $45M Set-Aside: 100% Service-Disabled Veteran Owned Small Business (SDVOSB) Reference VAAR 852.219-73 Magnitude of Construction: $5,000,000.00 to $10,000,000.00

Site Visit: July 10, 2026 at 10AM ET, meet in lobby of Troy Bowling campus. 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 ET July 16, 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

EDT

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

596-3660162-5895-854200-3220 23NR3JA36

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 Matthew R. Whisman Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

BID ITEM I, BASE ITEM: Work includes general construction, alterations, electrical, mechanical, site utility, and necessary removal of existing equipment and construction and certain other items. Work shall be phased in accordance with the drawings, specs, and in close coordination and approval of the VA. The period of performance is 540 calendar days.

BID ITEM II, ADD ALTERNATE 1: Within this scope shall be the replacement of the Chiller Plant Electrical Room Roof. See project documents for additional information. Period of performance remains 540 calendar days regardless if bid item is added.

BID ITEM III, ADD ALTERNATE 2: Within this scope shall also be the replacement of the Chiller Plant Unit Substation. See project documents for additional information. Period of performance remains 540 calendar days regardless if bid item is added.

STATEMENT OF WORK

Project: 596A4-24-101 Replace Main Electrical Distribution Equipment

GENERAL INTENTION

STATEMENT OF BID ITEM(S)

A. BID ITEM I, BASE ITEM: Work includes general construction, alterations, electrical, mechanical, site utility, and necessary removal of existing equipment and construction and certain other items. Work shall be phased in accordance with the drawings, specs, and in close coordination and approval of the VA. Reference project drawings and specifications.

B. BID ITEM II, ADD ALTERNATE 1: Within this scope shall be the replacement of the Chiller Plant Electrical Room Roof. See project documents for additional information.

C. BID ITEM III, ADD ALTERNATE 2: Within this scope shall also be the replacement of the Chiller Plant Unit Substation. See project documents for additional information.

Period of performance shall be 540 calendar days. It is assumed that there are long lead times associated with obtaining the required electrical equipment. It is the VA’s intention that the first 360 days of contract performance period will be for the acquisition of electrical equipment and pre-construction administrative activities but will not require contractor mobilization. The remaining 180 days of contract performance period will be for the phased installation of the electrical equipment. Construction shall not begin until all equipment is on hand. Contractor must provide for appropriate storage of equipment, storage will not be available at the VA.

INFORMATION SECURITY

A. General

1. The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

B. Access to VA information and VA information systems

1. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

2. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

C. VA information custodial language

1. 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).

2. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be enough 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.

3. 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.

4. 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.

D. Security incident investigation

1. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

2. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

3. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

4. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other VA HANDBOOK 6500.6 MARCH 12, 2010 APPENDIX C C-10 compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

E. Data

1. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

2. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

3. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); MARCH 12, 2010 VA HANDBOOK 6500.6 APPENDIX C C-11

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

4. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

F. Security controls compliance testing

1. On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

G. Training

1. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, VA Handbook 6500.6 Appendix E, relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.

2. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

3. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete

RECORDS MANAGEMENT

Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record includes Lexington VA Health Care System (LVAHCS) records. Does not include personal materials applies to records created, received, or maintained by Contractors pursuant to their LVAHCS contract. May include deliverables and documentation associated with deliverables.

Requirements 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.

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.

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.

LVAHCS 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 LVAHCS 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. 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, Contractor must report to LVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer 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 LVAHCS 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 Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and LVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with LVAHCS policy.

The Contractor shall not create or maintain any records containing any non-public LVAHCS information that are not specifically tied to or authorized by the contract.

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.

The LVAHCS 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 for which LVAHCS 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 FAR 52.227-11 through FAR 52.227-20.

Flow Down of Requirements to Subcontractors The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

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 (OCT 2025) (DEVIATION)

(a) 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. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. 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) 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.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) 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. However, the Government reserves the right to conduct discussions, if 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.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will 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 Offeror 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 the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(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 “36C24926R0073” 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 Contracting Officer 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 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.

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 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…