36C25026B0021_2.docx

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.

1 of 36C25026B0021 X 03-10-2026 552-26-2-6976-0010 552-23-512 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337 Department of Veterans Affairs Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337 Jeremy Nee 937 268 6511 Replace Window Seals B330 at the Dayton VA Medical Center, Dayton, OH. Project No. 552-23-512

The chosen contractor shall provide complete construction services including labor, materials, equipment, & supervision required to complete the subject project for the Dayton VA Medical Center, 4100 W Third St., Dayton, OH 45428

A Pre-Bid Site Visit is scheduled -- see Important Bidder Information.

The Request for Information deadline is 4/1/2026, 2:00 PM, local time. See Important Bidder Information.

An in person bid opening will be conducted. See Important Bidder Information regarding bid opening and bonds.

Bid guarantee will be accepted, via email only, if received before the date/time specified in block 13a below. Send bids to the email specified in block 8 above. Hand delivered and mailed bids/guarantees will not be accepted.

The magnitude of construction is estimated to be between $500,000 and $1,000,000.

The NAICS Code is 238150 with a size standard of $19 million.

This solicitation is 100% set aside for a Service-Disabled Veteran Owned Small Business. Only bids from VA-certified SDVOSBs in the SBA Small Business Search (https://search.certifications.sba.gov) at time of bid submission and prior to award will be eligible for award.

NOTICE: The VA and/or a third party (support contractor) will require access to the VA contractor records to assess contractor compliance with the limitations on subcontracting requirement included in VAAR 852.219-75 "Limitations on Subcontracting..."(Jan 2023)(Deviation) located in the General Conditions section of this solicitation.

X X X

11:00 AM

04/16/2026 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

UEI:

Tax ID:

Email:

Base Bid Amount:

552-3660162-6976-854200-23NRNR001

36C250 Network Contracting Office (NCO) 10 Department of Veterans Affairs 3140 Governors Place Blvd. Suite 210 Kettering OH 45409-1337 Department of Veterans Affairs Financial Services Center Invoices To Be Submitted Electronically https://www.ob10.com/us/en/veterans-affairs// Invoice Setup Info Phone 877 353 9791 512 460 5429 Luke A. Turner

VA-VHA-RPOC-2024-0076

Table of Contents

STATEMENT OF WORK

I. SCOPE OF WORK:

A. General Requirements:

Provide all supervision, labor, materials, tools, and equipment necessary for the construction of the Project described. All proposals shall include the following provisions that will be described in detail later in this document.

· Phasing and Infectious Controls.

· Testing of Representative Sample

· VA Design Guides and TIL

· Privacy Training

· Health Screenings

· Security & Badges

B. Project Overview:

The existing operable windows in several buildings have severe leakage issues due to deteriorated gaskets and holes in the frame that allow water to enter the building. The intent of the project is to seal the operable windows of Building 330 and B310 as detailed on the provided drawings. The windows are to be wet sealed and tooled with a low VOC sealant that allows for proper flexibility and bond to surface. Sealant shall have a manufactures warranty of a minimum of 20 years.

Existing internal blinds shall be removed and disposed of by the contractor. Protect windows from damage during removal, handling, and construction. Survey existing window units for additional damage when open and notify COR/CO prior to performing any additional work. Contractor shall create and provide a detailed list to the COR of interior window dressings, (shades), that are not presently installed. Clean all sides of glass panes while repairing units.

Special attention is required for the contractor to be aware that the majority of the windows are in occupied areas, including numerous rooms dedicated to Veteran care. The contractor will develop a detailed sequence plan in conjunction with the Contracting Officer Representative (COR), which will also need to be approved by the COR. The plan should include repairs required for the exterior of the building. Also, the plan needs to ensure minimal disruption to the medical center's operations and patient care. Be sure the bid gives adequate consideration for phasing to accommodate Medical Center operations and patient care. The floor plans for the building are included in the solicitation for informational purposes only. Contractor is responsible to verify the correctness of the plans.

II. DEFINITION AND ACRONYMS:

A. Pre-Construction Risk Assessment (PCRA), Interim Life Safety Measures (ILSM), Request for Proposal (RFP), Certified Independent Third-Party Safety Professional (CITP) National Fire Protection Association (NFPA), The Joint Commission (TJC), Facilities Condition Assessment (FCA). Competent Person (CP), Contracting Officer (CO) Contracting Officer’s Representative (COR), Subject Matter Expert (SME).

B. Supporting Documents included with this Request:

· Original construction documents – Floor Plans and Building Elevations.

· VA standard specification 01 32 16 0 – Critical Path Method (CPM) Schedule

· VA standard specification 01 33 23 – Shop Drawings, Product Data & Samples

· VA standard specification 01 35 26 – Safety Requirement

· VA standard specification 01 45 00 – Quality Control

· VA standard specification 07 92 00 - Joint Sealants

· AAMA standard 501.2-03 – Testing Of Windows.

1. SCHEDULING, PHASING, AND WORKING HOURS:

A. All work hours MUST be coordinated with the project’s COR. All work shall be performed during approved hours so as not to interfere with normal Hospital functions (7:00 am to 5:00 pm, Monday through Friday). However, some VA areas may be conducive to work being completed outside of normal business hours (7:00 am to 5:00 pm, Monday through Friday). All requests for work outside of normal business hours must be requested by the Contractor at least 14 calendar days in advance. Additionally, construction shall be performed (scheduled and phased) to ensure that exterior egress/ingress areas are completely operational during normal business hours the following workday.

B. PROJECT DURATION

i. Total Period of Performance for this Project is 180-calendar day duration.

1. From Notice to Proceed, Contractor shall develop and submit a Critical Path Method (CPM) Schedule and Sequence Plan within 14-calendar days. Allow 14-calendar days for VA review and approval.

2. From Notice to Proceed, Contractor shall provide submittal information within 14-calendar days. Allow 14-calendar days for VA review and approval.

C. SAFETY REQUIREMENTS:

All Contractor personnel are required to have completed an OSHA-approved 10-hour construction worker course prior to working on the site. The On-site general superintendent/supervisor is required to have completed an OSHA-approved 30-hour construction course prior to working on the site. Every worker must provide the Contracting Officer a copy of current certificates identifying successful completion of the training prior to executing work for the Veterans Administration. In addition, Contractor shall provide submittals for contract construction or renovation work which include the names, qualifications, and training dates for Contractor’s Competent Persons (CP), who has been designated to administer the site-specific safety program, as well as the CP for other activities as required by OSHA regulation 29 CFR 1926.32 (such as scaffolds, cranes, excavations, etc.). Contractor’s CP are required to implement and maintain effective safety programs to include a rescue plan that identifies and controls hazards that may cause injury or illness to VA patients, staff, visitors, and contractor employees. The VA CP does not take the place of Contractor’s CP nor acts on their behalf. The VA CP determines if Contractor is meeting VA standards and contractual requirements for safety and OSHA compliance. When these standards and contract requirements are not being met, the VA COR and/or CP will take immediate action to prevent injury, non-compliance, and/or property damage. The Contractor shall submit an Activity Hazard Analysis, and an Accident Prevention Plan as per FAR 52.236-13 prior to commencement of site activities. The Government shall have 14 calendar days to review the AHA and APP.

D. GOVERNMENT FURNISHED INFORMATION:

All available record drawings and documents that have been provided shall not be considered “as-built” documents. These drawing files are provided without warranty or obligation as to the accuracy or information contained in the files. All information in the files shall be independently verified by the user. Any user shall agree to indemnify and hold the VA harmless from any and all claims, damages, losses, and expenses, including, but not limited to, attorney fees arising out of the use of the Computer Aided Design and Drafting (CADD) drawing files.

E. RESOURCES:

All Projects shall comply with applicable sections of VA standards and publications, and all references therein. Ensure that construction complies with the latest edition of these VA construction and design standards.

A. Other design and construction standards and publications that shall be applied to this work includes, but are not limited to:

1. OSHA Rules and Regulations

2. International Building Code (ICC) latest edition

3. Life Safety Code (NFPA 101) latest edition

4. The Joint Commission (TJC) Accreditation manual (latest edition)

F. QUALITY ASSURANCE/QUALITY CONTROL:

A. WATER LEAKAGE: Contractor shall test six (6) windows that serve as a representative sample of the window sealant for water tightness/ leakage per the attached AAMA Standard 501.2-03. Test shall be witnessed and verified by the COR and SME. Test report shall be prepared per the guidance in the Standard and be signed by all parties involved in the test.

G. Other Pertinent Information or Special Considerations:

a. Payment will be made in installments based on the completion of milestones as outlined in the project schedule. Final payment will be made upon successful completion and approval of all project deliverables.

b. Refer to all specifications for requirements.

H. RISK CONTROL: PROVIDE AND INSTALL CONSTRUCTION FENCING AROUND CONSTRUCTION SITE.

I. Place of Performance: 4100 W. Third St., Dayton, Ohio 45438

J. Period of Performance: 180 days from Notice to Proceed (NTP)

K. Specifications:

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

IMPORTANT BIDDER INFORMATION

NOTICE ABOUT THE FEDERAL ACQUISITION REGULATION (FAR) OVERHAUL: Executive Order (E.O.) 14275, Restoring Common Sense to Federal Procurement, mandated a comprehensive review and simplification of the FAR.

All references to the FAR are available at the Revolutionary FAR Overhaul (RFO) website: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

NOTICE ABOUT SAM.GOV: “System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

NOTICE ABOUT DEFINITIZATION OF EQUITABLE ADJUSTMENTS: When or if change orders are directed under the resulting contract, they will be issued under the following authorities:

· FAR 52.243-4, Changes (JUL 2025) (Deviation),

· FAR 52.243-5, Changes and Changed Conditions (JUL 2025) (Deviation), and

· VAAR 852.243-70, Construction Contract Changes—Supplement (SEP 2019).

The agency will follow the procedures located at FAR 43, VAAR 843 and VAAM M843. The Contracting Officer will make the final decisions for items not addressed by regulation or policy.

The agency's past performance, for the three prior fiscal years, regarding the time required to definitize equitable adjustments for construction change orders will be posted when available.

PRE-BID SITE VISIT: A walk through of the affected areas is scheduled:

· Time/Date: 10:00 AM, local time – March 25, 2026

· Address: 4100 W Third St., Dayton, OH 45428

· Location: Building 128, Engineering Conference room

All participants are encouraged to enter their contact information on the sign-in log. The sign-in log will be uploaded to SAM as an amendment to the solicitation.

BIDDING MATERIALS: Bidding materials consisting of drawings, specifications, contract forms and any issued amendments will be posted at Government Portal of Entry (GPE), currently accessed here: https:/sam.gov/. Enter the solicitation No. into the search box to access the bid materials. This is the only official location where these documents can be obtained and where official amendments are posted. No ‘hard copy’ bidding materials are available.

BID SUBMISSION: This solicitation is an Invitation for Bids (IFB) and will utilize sealed bidding IAW FAR Part 14 Sealed Bidding. Bidders are responsible for ensuring and verifying their bids and all required documents are received at the address designated in SF 1442 block 8 by the date and time specified in SF 1442 block 13A (subject to amendment).

THE FOLLOWING DOCUMENTS ARE TO BE INCLUDED IN THE BID SUBMISSION:

(1) An original, fully completed and signed SF 1442 Offer page.

(2) Acknowledgment of any amendments issued either by completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page.

(3) A copy of the fully completed bid schedule. The Base Bid amount for the entire project is entered in block 17 of the SF 1442 Offer page.

(4) An original, completed and signed SF 24 Bid Bond.

(5) A completed and signed copy of VAAR clause 852.219-75 - VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION). This document and instructions are included as an attachment.

(6) A completed and signed copy of FAR 52.219-28 - POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024), if the contractor does not have representations and certifications in SAM or does not have a representation in SAM for the NAICS code applicable to this contract.

(7) ** NEW Requirement ** A completed digital copy of FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION (NOV 2021) (DEV NOV 2025)

BID OPENING. The Bid Opening will be in person at the NCO 10 office, 3140 Governor’s Place Blvd., Suite 210, Kettering, OH 45409, tentatively scheduled on April 16, 2026 at 11:00 AM, local time. Bid packages received after 11:00 AM, local time on the date of bid opening will not be accepted. An amendment to this solicitation will list the scheduled, date and time of the bid opening and the bid submission deadline.

PROJECT INFORMATION

PROJECT TITLE AND NUMBER: Replace Window Seals B330, 552-23-512.

PROJECT LOCATION: Dayton VA Medical Center, Dayton OH, 45428

PROJECT SCOPE OF WORK: The contractor shall perform all work as described by the statement of work, drawings and specifications. Contractor will provide all labor, materials, and equipment required to complete the subject project. Statement of work, specifications and/or drawings are included in the solicitation.

MAGNITUDE OF CONSTRUCTION: The estimated magnitude of this project is between $500,000 and $1,000,000.

TYPE CONSTRUCTION: Glass and Glazing Contractors

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 238150

SMALL BUSINESS SIZE STANDARD: $19M

LIQUIDATED DAMAGES: (__) YES or (X) NO (reference Contract Clause FAR 52.211-12) RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS: ( ) YES or (X) NO (Reference VAAR 852.236-90)

WAGE DETERMINATION: Department of Labor General Decision Number OH20260093 is included as an attachment to this solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage determinations are searchable at https://sam.gov/

PERFORMANCE PERIOD: As stated in SF 1442 block 11, the contractor shall (a) commence work under this contract after receiving the notice to proceed within the days specified, (b) prosecute the work diligently, and (c) complete the work, clean the work site completely and return the premises to the VA ready for us within the number of days specified.

REQUESTS FOR INFORMATION (RFI)

To obtain clarifications and/or additional information concerning the project requirements, specifications and/or drawings, submit a query using the RFI Form attached to this solicitation. RFIs shall be sent via email to jeremy.nee@va.gov with the solicitation number in the subject line. All RFIs submitted shall include the solicitation number, title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFIs must be specific identifying section, paragraph and page number of the specifications or cite the drawing number and must be in question format. All RFIs must be received by the deadline (subject to amendment) identified on page one of the SF 1442. Late RFIs will be answered at the agency’s discretion. RFI responses will be posted to SAM.gov.

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Federal Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system. Warning: FAR 4.203-1(b) requires registration in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements. If a bid is received and bidder is not registered as required, the bid will be considered non-responsive and therefore not eligible for award.

THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at www.sam.gov for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

VETS-4212 FEDERAL CONTRACTING REPORTING SYSTEM: Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. The rules and regulations can be found here: VETS-4212. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S. Code, Section 4212, codified at 41 CFR Section 61-300. Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process.

RESPONSIBILITY REQUIREMENTS: A responsibility check will be accomplished for the apparent awardee prior to award. Checks of the SBA Small Business Search database https://search.certifications.sba.gov/ will be used to verify SDVOSB status; System for Award Management (SAM) database, Online Representations and Certifications, and Excluded Parties List System will be conducted to ensure registrations are current, valid, and no debarment records exist. Any information retrieved or received by the Government that would be cause for negative or unsatisfactory responsibility rating may result in the offeror being determined ineligible for award.

BONDING INFORMATION

BID GUARANTEE: A bid guarantee is required in an amount not less than 20-percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, shall require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

Bid bonds must be provided using Standard Form 24 (see FAR 28.106-1) and contain the proper solicitation number, bid opening date, and be from a corporate surety listed in Department of Treasury Circular 570. An original ‘wet ink’ signed documents – no white outs or other corrections – is acceptable.

Individual sureties shall be acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Other forms of bid security are acceptable as denoted in FAR Part 28.203-2.

PERFORMANCE AND PAYMENT BONDS: In accordance with FAR 28.102-2, contractors are reminded that any amount awarded over $35,000 shall require a payment bond (SF 25A), and awards exceeding $150,000.00 shall require both payment and performance bonds (SF 25). Payment and performance bonds are due no later than ten (10) days after notification of award. Bonds shall be provided digitally. A digital scan of original ‘wet ink’ signed documents – no white outs or other corrections – is required.

SECURITY

BACKGROUND INVESTIGATIONS: All contractor employees are subject to the same level of investigation as Dept of Veterans Affairs (VA) employees who have access to sensitive information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.

Levels and associated types of Background Investigations:

· If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.

· If the project requires that workers require un-supervised, logical and/or physical access for 180- consecutive or aggregate days in a 365-day period, over a three-year period, a Special Agency Check (SAC) background investigation is required which must be completed prior to being allowed access.

· If the project requires workers have un-supervised, full-time, logical, and/or physical access for more than six months or more than 180 aggregate days in a one-year period, a SAC and National Agency Check with Written Inquiries (NACI) background investigation is required; access is not allowed until a favorable SAC completion.

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 your person and your 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 use or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.

PRIVACY TRAINING: All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative.

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 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. (FAR 52.222-54).

HEALTH

VHA DIRECTIVE 1192.01: The Construction Contractors’ representatives performing construction activities on the Dayton VA Medical Center validate that the following additional requirements are in place before starting construction activities on campus:

Annual influenza shot is required for all staff performing work on campus. Contractor badge must be obtained and worn by the contractor or representative at all times while on campus. The contractor will validate in writing via a signed memo to the Contracting Officer that the above items are being done as part of the bid package. No Personally Identifiable Information (PII) will be collected. Seasonal influenza with Vaccines (VHA Directive 1192.01)

Supplemental Influenza Information. Seasonal influenza with Vaccines (see VHA Directive 1192.01, dated 8/10/2020). The influenza season is generally considered to span the four-month period from December 1 through March 31; however, it can vary from one season or geographic location to another. Individual VHA facilities may expand (but not reduce) this time period based on local influenza activity and other epidemiological circumstances.

Health Care Personnel (HCP). HCP are individuals who, during the influenza season, work in VHA locations or who come into contact with VA patients or other HCP as part of their duties. VHA locations include, but are not limited to, VA hospitals and associated clinics, community living centers (CLCs), community-based outpatient clinics (CBOCs), domiciliary units, Vet centers and VA-leased medical facilities. HCP include all VA licensed and unlicensed, clinical and administrative, remote and onsite, paid and without compensation, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, researchers, volunteers and health professions trainees (HPTs) who are expected to perform any or all of their work at these facilities. HPTs may be paid or unpaid and include residents, interns, fellows and students. HCP also includes VHA personnel providing home-based care to Veterans and drivers and other personnel whose duties put them in contact with patients outside VA medical facilities.

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 your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

OTHER

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.

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.1102, the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $900,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

1. Each contractor whose contract award is estimated to exceed $350,000 is required to be registered in CPARS no later than thirty days after contract award and must be kept current should there be any change to the contractor's registered representative.

1. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor's performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor's designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond.”

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

FAR 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) FAR 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) FAR 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)

FAR 52.233-2 SERVICE OF PROTEST (NOV 2025)(DEVIATION)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.

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

(End of Provision)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

FAR 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.va.gov/oal/library/vaar/

(End of Provision)

VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

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)

VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE NOTE (MAY 2010)

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:

(End of Provision) VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

(a) Any offeror responding to this solicitation must comply with established VA Information and Communication Technology (ICT) (formerly Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 852.239–75, Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit appropriate VA Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist VA acquisition and program officials in determining whether proposed ICT supplies, or information, documentation and services conform to applicable Section 508 accessibility standards.