36C25026Q0519.pdf
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- Solicitation number
- 36C25026Q0519
About this file
This is a Negotiated Request for Proposal (RFP) for construction services issued by the Department of Veterans Affairs, Network Contracting Office (NCO) 10. Solicitation number 36C25026Q0519 seeks replacement of boiler feed lines, condensate lines, associated valves, piping, and related materials inside Building 2 at Fort Wayne VA Medical Center, located at 2121 Lake Avenue, Fort Wayne, Indiana 46805. The work includes demolition of existing piping, insulation, valves, and other materials, with approximately 300 linear feet of pipe, 185 fittings, and 50 valves requiring replacement. The contractor must maintain boiler plant operations at 15 PSI and allow continued hospital operations during construction.
Sealed offers in one original and one copy are due by June 23, 2026, at 4:30 PM EDT to samuel.galbreath@va.gov via email only. The contract type is Firm-Fixed-Price. The performance period is 60 calendar days from notice to proceed, with work commencement required within 15 calendar days of receiving the notice. The NAICS code is 238220 (Plumbing, Heating, and Air Conditioning Contractors) with a small business size standard of $19 million. This solicitation is set aside exclusively for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) certified in the SBA database. All offerors must submit the completed VAAR 852.219-75 certification regarding limitations on subcontracting for general construction (85% maximum subcontract threshold). An organized site visit is scheduled for May 21, 2026, at 10:00 AM EST. RFI deadline is May 28, 2026. Performance and payment bonds are required within 15 calendar days of award. Wage Determination IN2026-0006 (effective 01/30/2026) applies. The contract includes extensive federal requirements covering Buy American construction materials, security prohibitions, personnel vetting and credentialing, and various labor standards compliance clauses.
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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 44
36C25026Q0519
X
610-26-2-6902-0018
610A4-26-202
36C250
Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219
Samuel Galbreath samuel.galbreath@va.gov
No physical quotes will be accepted.
Samuel Galbreath 301-456-3435
The Fort Wayne VA Medical Center has a construction requirement for the replacement of boiler feed lines, condensate lines, associated valves, piping, and other material inside Building 2. This will include demolition of piping, insulation, valves and other material on the systems listed. See SOW for further details
All required work is located at the Fort Wayne Northern Indiana Health Care System Campus located at 2121 Lake Avenue Fort Wayne, IN 46805.
The period of performance for this requirement is 90 calendar days from notice to proceed date.
An organized site visit will be conducted on 05/21/26 at 10:00AM EST, see offeror information page for more details.
NAICS 236220 - (Commercial and Institutional Building Construction) will be used.
Email quotes to samuel.galbreath@va.gov No physical quotes will be accepted.
Attachments:
Attachment I - Wage Determination Attachment II - EMR Attachment III - RFI Attachment IV - VHA Directive 1192.01 Attachment V - Limitation on Subcontracting Cert Attachment VI - Specs
TO BE ELIGIBLE FOR AWARD, ALL OFFERORS MUST COMPLY WITH THEFOLLOWING:
1) - Be a certified SDVOSB/VOSB listed in the SBA certification database at: https://veterans.certify.sba.gov/ at the time of submission of the offer and at the time of contractaward.
2) - Submit the completed, signed certification at VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING - CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) with the offer. The clause is located in the General Conditions section of the solicitation. The Government will not consider offers for award from offerors that do not provide the certification with their offer and all such responses will be deemed ineligible for evaluation and award.
15 60
X X N/A
X 15
1 16:30 EDT
06-23-2026
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
Total Amount:
Tax ID:
UEI:
Email Address:
610-3660162-6901-854200-3220 23NRNR002
36C250
Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-9971
Table of Contents
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,
ALTERATION, OR REPAIR)– BACK
STATEMENT OF WORK
OFFEROR INFORMATION PAGE
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE
OF THE WORK (NOV 2025) (DEVIATION)
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION
MATERIALS (MAY 2014)
2.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
2.5 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
2.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED
BY REFERENCE (JAN 2008)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
GENERAL CONDITIONS
4.1 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION
(NOV 2025) (DEVIATION)
4.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(APR 2026)
4.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV
2025)
4.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
4.5 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR
INFORMATION SYSTEMS (DEVIATION) (NOV 2025)
4.6 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
4.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
4.9 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MAR 2026)
4.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
4.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..42
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
ATTACHMENT I - WAGE DETERMINATION
ATTACHMENT II - EMR
ATTACHMENT III - RFI
ATTACHMENT IV - VHA DIRECTIVE 1192.01
ATTACHMENT V - LIMITATION ON SUBCONTRACTING CERT
ATTACHMENT VI - SPECS
STATEMENT OF WORK
PROJECT:
610A4-26-202
Replace Boiler Feed and Condensate Lines Statement of Work:
Contractor will provide all labor, equipment, materials, and supervision necessary to replace the Boiler feed lines, condensate lines, associated valves, piping, and other material inside Building 2.
This will include demolition of piping, insulation, valves and other material on the systems listed.
All work to be completed at the VA- Northern Indiana Health Care Systems – Fort Wayne Campus, 2121 Lake Avenue. Fort Wayne, IN 46805-5100.
Work to be completed within 90 calendar days from contractor receipt of the notice to proceed.
Primary Tasks include but are not limited to the following:
1. Existing Feed water lines from the pumps to the boilers (to include valves and insulation) shall be demolished and disposed of.
2. Existing Condensate lines (to include valves and insulation) shall be demolished and disposed of.
3. Installation of new feed water system to match existing system.
4. Installation of new condensate system to match the existing system.
5. Salvage and reuse the Automatic Level Control Units that are on the current Boiler Feed Water System.
Additional information:
1. Boiler plant runs at 15 PSI.
2. Work will be performed in such a way that will allow the Boiler plant to continue to operate and continue hospital operations.
3. There is roughly 300 linear feet of pipe
4. There are approximately 185 fittings
5. There are approximately 50 valves
Justification of Work:
This project is designed for the replacement of the current boiler feed water system and condensate lines. This is necessary as these piping systems are currently at the end of their service life and are experiencing issues.
OFFEROR INFORMATION PAGE
MATERIALS: Offeror materials consist of Request for Quote forms and any issued amendments which will be provided via email.
SUBMISSION REQUIREMENT:
The following documents are to be included in the proposal submission: one (1) original fully completed and signed SF 1442 Offer page, acknowledgment of all amendments either via entering data in block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the original SF 1442 Offer page; one (1) original completed bid schedule if one is provided, otherwise bid amounts are entered in block 17 of the SF1442 Offer page; one (1) original completed/wet ink signed SF 24 Bid Bond (if required, see block 13B) of the SF1442 Solicitation page; Offerors are responsible for ensuring and verifying their proposal and all required proposal documents are received at the email address designated in block 8 of the SF 1442 Solicitation and by the date and time specified in block 13A of the SF 1442 Solicitation (subject to amendment).
PROJECT INFORMATION
PROJECT TITLE AND NUMBER: Replace Boiler Feed and Condensate Lines 610A4-26-202
PROJECT LOCATION: Fort Wayne VA Medical Center, 2121 Lake Avenue Fort Wayne, IN 46805
PROJECT SCOPE OF WORK: Contractor will provide all labor, equipment, materials, and supervision necessary to replace the Boiler feed lines, condensate lines, associated valves, piping, and other material inside Building 2. This will include demolition of piping, insulation, valves and other material on the systems listed
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 238220
(Plumbing, Heating, and Air Conditioning Contractors)
SMALL BUSINESS SIZE STANDARD: $19M
PERIOD OF PERFORMANCE: 60 calendar days from receipt of Notice to Proceed
LIQUIDATED DAMAGES: (__) YES or (X) NO (reference Contract Clause FAR 52.211-11)
RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS: ( ) YES or (X) NO (Reference VAAR 852.236-90)
PERFORMANCE PERIOD: The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days from receipt of the Notice to Proceed for the entire project.
RESPONSIBILITY REQUIREMENTS: A responsibility check will be accomplished for the apparent awardee prior to award. Checks of the VIP database (to ensure apparently successful offeror is a verified Service Disabled Veteran Owned Small Business), System for Award Management (SAM) database, Online Representations and Certifications, and Excluded Parties List System to insure 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.
WAGE DETERMINATION: IN2026-0006 01/30/2026
REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI utilizing the RFI Form attached to this Solicitation, send via email to samuel.galbreath@va.gov RFIs must be specific identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be submitted via email.
RFI Deadline is 05/28/2026
No late submissions will be accepted.
An organized site visit will be conducted on 5/21/26 at 1000 AM EST:
Potential offerors should meet at the engineering building for a guided walk through
SECURITY
BACKGROUND INVESTIGATIONS: All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.
Levels and associated types of Background Investigations:
If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.
If the project requires that workers require un-supervised, logical and/or physical access for 180 consecutive or aggregate days in a 365-day period, over a 3-year period, a background investigation is required (Special Agency Check (SAC)) which must be completed prior to being allowed access.
If the project requires that workers have un-supervised, full-time, logical, and/or physical access for more than 6 months or more than 180 aggregate days in a one-year period, a background investigation is required (Special Agency Check and National Agency Check with Written Inquiries (NACI)) and access is not allowed until a favorable SAC completion.
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 52.252-1 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/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Provision)
2.5 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)
2.6 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)
FAR
Number
Title Date
52.204-7 SYSTEM FOR AWARD MANAGEMENT—REGISTRATION
(DEVIATION)
NOV 2025
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991
52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991
852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY
ACCESSIBILITY NOTICE
FEB 2023
REPRESENTATIONS AND CERTIFICATIONS
3.1 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)
FAR
Number
Title Date
52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE
AND REPRESENTATION
JUN 2020
GENERAL CONDITIONS
4.1 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (NOV 2025) (DEVIATION)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including options.
However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) 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, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number .
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program.
The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of
13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]
(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.
[The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]
(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.
[Contractor to sign and date and insert authorized signer's name and title.
(End of Clause)
4.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS (APR 2026)
(a) Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the
Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the
Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of clause)
4.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION)
(NOV 2025)
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at
FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
Domestic construction material means—
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both—
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if–
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of ‘‘cost of components’’.
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States.
Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable.
(A) For domestic construction material that is not a critical item or does not contain critical components.
(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.
(3) The procedures in…
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