36C24926R0075_1.docx

36C24926R0075 X 08-1 -2026

CDT

1PM

X 52.211-10 X X copy of bid bond to Brian.Bentley@va.gov, on or before the due date/time stated in Block 13.

Offerors are to submit one (1) electronic copy of entire proposal (in the order as solicited) along with, an electronic

Project will be procured under RFO 15.103-2 Lowest Price Technically Acceptable.

certifications will render the offeror as technically unacceptable and ineligible for award.

the proposal as non-responsive and not eligible for award. Additionally, failure to complete and sign all required RFO active SAM's registration at the time of offer and at time of the award. Failure to provide documentation will render In accordance with RFO 52.204-7 System for Award Management( SAM), all prospective offerors must proof/documentation of contractors must provide proof/documentation of SBA Certification-DSBS Registry at the time of offers due and at award.

(SDVOSB) concerns.

In order to be eligible to receive an award under this solicitation, the SDVOSB & Joint Venture (JV) In accordance with P.L. 109-461, this acquisition is 100% set-aside for Service-Disabled Veteran Owned Small Business questions MUST BE in writing and submitted as an RFI to Brian.Benltey@va.gov.

government. Telephone requests will NOT be accepted. Technical questions will not be answered at the site visit as received after 11:00 AM CST July 29, 2026, will not be answered unless determined to be in the best interest of the project number and title, contractor name, city, state, phone number, date submitted and RFI questions. Questions identifying section, paragraph, and page number and must bein question format. All RFIs submitted shall include the To obtain clarifications and/or additional information concerning the contract requirement, specifications and/or

Please make sure you bring any necessary items to properly inspect the site.

Site Visit: 07/23/2026 at 9AM EST in Bldg 37 conference room W103. There will only be one (1) site visit.

Magnitude of Construction: Between $1,000,000 and $5,000,000.

Set-Aside: 100% Service-Disabled Veteran Owned Small Business (SDVOSB) Reference VAAR 852.219-73 PSC: Z1DA - Maintenance of Hospitals and Infirmaries.

Size Standard: $45M NAICS code: 236220 and certain other items.

including, but not limited to, general construction, civil, architectural, electrical, low voltage, industrial hygiene, City, TN 37604 in accordance with the specifications and drawings. Work includes demolition and new construction, 621-23-104 “Relocate Police Dispatch" at the James H. Quillen, VA Medical Center, Lamont St & Veterans Way, Johnson The contractor shall furnish all labor, material, equipment and supervision necessary to accomplish the work for Project

(615) 225-6896 Brian Bentley Murfreesboro TN 37129 1639 Medical Center Parkway, Suite 204

NCO 9

Network Contracting Office 9 (90C) Department of Veterans Affairs Murfreesboro TN 37129 1639 Medical Center Parkway, Suite 204

NCO 9

Network Contracting Office 9 (90C) Department of Veterans Affairs 621-23-104 621-26-2-5625-0001 07-1 -2026 X 36C24926R0075 of considered and will be rejected.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be d.

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.

c.

is not required.

is, An offer guarantee b.

envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

(hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ a.

NO

YES

negotiable. (See _____________________________).

mandatory notice to proceed. This performance period is award, calendar days after receiving

11. The Contractor shall begin performance within ____________ calendar days and complete it within

NEGOTIATED (RFP)

SEALED BID (IFB)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

CALL:

9. FOR INFORMATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

SOLICITATION

SOLICITATION

(Construction, Alteration, or Repair)

AND AWARD

SOLICITATION, OFFER,

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

STANDARD FORM 1442

STANDARD FORM 1442 (REV. 8/2014)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS (If "YES," indicate within how many calendar days after award in Item 12B.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (

Title, identifying number, date)

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

a. NAME

8. ADDRESS OFFER TO

CODE

7. ISSUED BY

6. PROJECT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

4. CONTRACT NUMBER

PAGE OF PAGES

3. DATE ISSUED

2. TYPE OF SOLICITATION

1. SOLICITATION NUMBER

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER

THAN

FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Bid Item 1: Base Offer

621-3660162-5625-854200-3241 23NR3JA34

X 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 Michael R. Brown Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Relocate Police Dispatch from B204 1st floor to Ground floor. Contractor shall completely prepare the site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for James H. Quillen VAMC as required by drawings and specifications for the relocation of Police Dispatch.

There are NO deductions associated with this project.

POP 365 Calendar Days after issuance of the Notice to Proceed (NTP) Contract Period: Base POP Begin: 09-04-2026 POP End: 09-04-2027 PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

A.4 STATEMENT OF WORK:

PROJECT #621-23-104 Relocate Police Dispatch

BASE OFFER

1. BASE BID:

a. Contractor shall completely prepare the site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for James H. Quillen VAMC as required by drawings and specifications for the relocation of Police Dispatch.

b. There are NO deductions associated with this project.

2. Period Of Performance:

a. Project period of performance: 365 Days from Notice to Proceed (NTP)

The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

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A.5 EVALUATION FACTORS

This section describes the evaluation process, proposal preparation, the significant factors and sub-factors and criteria to be used in the evaluation process. This procurement action is a Lowest Price Technically Acceptable (LPTA) source selection process in accordance with RFO 15.103-2. Proposals will be evaluated for acceptability but not ranked using the non-price factors/sub-factors. To be considered for award, an offeror must have an “acceptable” rating in every non-price factor/sub-factor under consideration.

The Government intends to award a single contract to a qualified Service-Disabled Veteran Owned Small Business (SDVOSB) determined responsible in accordance with the Revolutionary Federal Acquisition Regulation Overhaul (RFO), whose proposal conforms to all the requirements in this solicitation and is further determined to meet or exceed the standards of acceptability at the lowest offered price. The Government intends to evaluate proposals and award a contract without discussions with Offerors. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from both a technical and cost standpoint.

The evaluation of offers submitted in response to this Request for Quote (RFQ) solicitation will be conducted utilizing the LPTA selection process. Utilization of this source selection process may result in not all offers being evaluated. The CO upon receipt of offers, will determine eligibility and compliance with the solicitation requirements. The Vendor Information Pages (SBA DSBS registry) will be checked to ensure that any offeror submitting a proposal to perform the work is both listed and verified. All proposals received will also be checked for active registration in the System for Award Management (SAM). Thereafter, the CO will review all proposals to ensure that the minimum proposal submission requirements have been met. Once these requirements have been met, the CO will select and submit for review to the Technical Evaluation Board (TEB) the technical proposal of the lowest priced offeror for consideration. Initially, TEB will not receive any pricing information, only the technical portion of the offeror’s proposal.

The Government will evaluate the three (3) lowest priced proposals for technical acceptability. If any of these are found technically unacceptable, the next lowest priced proposals will be evaluated, and so on. Once three proposals are found to be technically acceptable, no additional proposals will be evaluated. Therefore, all proposals may not be evaluated. NOTE: If less than three proposals are received, then all proposals will be evaluated for Technical Acceptability.

Award will be made to the lowest price technically acceptable offer.

Price Analysis will be IAW RFO 15.404-1. If price analysis cannot determine fair and reasonableness, the Government reserves the right to complete further cost analysis IAW RFO 15.404(a)(2).

Offerors shall submit the information described below for Factors 1, 2, and 3 in the same order as they appear in this solicitation document. All information must be complete, accurate, and organized in the order presented. Failure to submit the required information shall result in a rating of “Unacceptable” and elimination from further consideration. Award will be made on a Lowest Price Technically Acceptable (LPTA) basis.

Proposals are to be submitted via email to CS, Brian Benltey at Brian.Bentley@va.gov and CO Michael R. Brown at Michael.Brown1305@va.gov. Offerors shall submit one (1) electronic copy of complete proposal (a. Technical & b. Price) to the address shown below as well as a complete proposal emailed to the email address shown below.

Technical and Price sections of an Offeror’s proposal will be evaluated independently. Offeror shall separately submit each section as a separate attachment. All pages containing text shall be consecutively numbered, type-written on 8-1/2x11 inch paper with margins of at least one (1) inch and created using a Times New Roman 12-point font. The submitted package should contain two (2) sections, separately: a.) Technical Proposal b.) Price Proposal. Each section must therefore be labeled with the following:

1. Construction Company Name

2. Physical Address of the Company

3. Telephone Number

4. Email address

5. VA Project Number (Project 621-23-104)

6. VA Project Name (Relocate Police Dispatch)

7. Solicitation number (36C24926R0075)

The Technical Evaluation Board (TEB) shall evaluate the offeror’s proposal against all non-price factors/sub-factors using “ACCEPTABLE” or “UNACCEPTABLE” ratings based upon the definition in the chart below.

Technical Acceptable / Unacceptable Evaluation Ratings

· All submissions must clearly identify which requirement each project or individual fulfills.

· Excessive or vague information may be disregarded.

· The Government will not seek clarifications for missing, incomplete, or unclear submissions.

· Offerors must meet all requirements of Factors 1–3 to be rated “Technically Acceptable.”

The following evaluation factors will apply to this procurement:

FACTOR 1 – Relevant Construction Experience

NOTE: Failure to provide proof for the below Requirement shall result in your proposal being deemed technically unacceptable and ineligible for award. The Government reserves the right to verify the information provided through available records or by contacting the listed contracting activity or project owner.

Standard of proof: To substantiate the requirements for this factor, the Offeror shall submit documentation identifying the project, including the project title, location, description of the work performed, contract number (if applicable), period of performance, and contract value. Documentation may include but not limited to copy of contract award, task order, CPARS report, drawings, specifications, and/or statement of work or other verifiable project documentation for the government to determine the acceptable or unacceptable basis.

Contractor shall highlight documentation section being submitted as proof for each requirement below.

Requirement 1: The offeror shall demonstrate successful completion of at least two (2) projects within the last five (5) years, as a general contractor that includes all the following trades: mechanical, electrical, plumbing, fire alarm and protection, carpentry, masonry, and information technology systems.

Acceptable ___ Unacceptable ___

FACTOR 2 – Key Personnel Experience

The offeror shall provide documentation demonstrating that the personnel identified below satisfy the specified requirements.

NOTE: Failure to provide proof for any of the below Requirements 1-4 shall result in your proposal being deemed technically unacceptable and ineligible for award. The Government reserves the right to verify the information provided through available records or by contacting the listed contracting activity or project owner.

Standard of proof: To substantiate this requirement, the Offeror shall submit documentation such as a resume demonstrating the individual’s role and responsibilities on the identified project to include key details such as project name, facility, location, and dollar amount.

Requirement 1: The Offeror shall demonstrate that the proposed Project Manager has experience managing a project with multiple specialty trades that include mechanical, electrical, plumbing, fire alarm and protection, carpentry, masonry, and information technology systems with a value of at least $1,000,000.

Acceptable ___ Unacceptable ___ Requirement 2: The Offeror shall demonstrate that the proposed Site Superintendent has experience managing a project with multiple specialty trades that includes mechanical, electrical, plumbing, fire alarm and protection, carpentry, masonry, and information technology systems with a value of at least $1,000,000.

Acceptable ___ Unacceptable ___ Requirement 3: The Offeror shall demonstrate that the proposed Site Safety & Health Officer meets the requirements listed in the project specifications and has experience managing a project with multiple specialty trades that includes mechanical, electrical, plumbing, fire alarm and protection, carpentry, masonry, and information technology systems with a value of at least $1,000,000.

Acceptable ___ Unacceptable ___ Requirement 4: The Offeror shall demonstrate that the proposed Quality Control Manager has at least 5 years of construction experience and is a graduate engineer, graduate architect, or a graduate of construction management.

Acceptable ___ Unacceptable ___ FACTOR 3 - Past Performance:

The government reserves the right to use CPARS and/or other techniques to validate contractor past performance and to assist with contractor responsibility determination.

NOTE: Failure to provide proof for any of the below Requirements 1-2 shall result in your proposal being deemed technically unacceptable and ineligible for award. The Government reserves the right to verify the information provided through available records or by contacting the listed contracting activity or project owner.

Standard of proof: Acceptable evidence of past performance must verify through submitted CPARS ratings that the offeror received an overall rating of Satisfactory or higher on at least one relevant contract. Offeror has had less than two unsatisfactory ratings in last 5 years.

Requirement 1: Provide at least two CPARS within the past 5 years, which shows a rating of satisfactory or above for all rated categories.

Acceptable ___ Unacceptable ___

Requirement 2: Contractors Performance Evaluation with NAICS 236220, and / PSC Code Z1DA shall be evaluated based on recency and relevancy. Contractors with two (2) or more ratings as unsatisfactory in management, quality, and schedule within the last five 5 years will be rated unacceptable.

Acceptable ___ Unacceptable ___

NOTE: The past performance evaluation results is an assessment of the Offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the Offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. The government may also obtain past performance information through the Past Performance Information Retrieval System (PPIRS) other sources known to the Government.

36C24926R0044

END OF EVALUATION FACTORS DOCUMENT

Combined Synopsis/Solicitation Notice

Page 1 of

Page 1 of

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) (a)(1) The offeror must notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror must request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror must request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Brian Bentley Contracting Specialist Hand-Carried Address:

Brian.Bentley@va.gov Department of Veterans Affairs Network Contracting Office - 9 3400 Lebanon Pike Murfreesboro TN 37129 Mailing Address:

Department of Veterans Affairs Network Contracting Office - 9 3400 Lebanon Pike Murfreesboro TN 37129

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/vaar

(End of Provision)

2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each…