36C25226B0017_1.pdf
PDF 509 KB Posted
- Attached to
- Z1DA--676-22-108 Connect Generator to EP B406
- Solicitation number
- 36C25226B0017
About this file
This is a sealed bid solicitation for construction services issued by the Department of Veterans Affairs for Project 676-22-108: Connect B406 AHU's to Emergency Power at Tomah VA Medical Center in Tomah, Wisconsin.
The solicitation is a 100% set-aside for CVE Verified Service-Disabled Veteran-Owned Small Business Firms (SDVOSB) under 38 U.S.C. 8127, with an estimated project magnitude between $500,000 and $1,000,000. The assigned NAICS code is 238210 (Electrical Contractors and Other Wiring Installation Contractors) with an SBA size standard of $19 million. Bids are due via email on May 27, 2026 at 10:00 AM CDT to Gregory.Block@va.gov and Ryan.McMillin@va.gov. The virtual bid opening will occur on the same date at 10:00 AM local time. Prospective bidders must submit all questions regarding specifications and drawings to the Contract Specialist no later than May 8, 2026. An organized site visit has been scheduled for April 30, 2026 at 10:00 AM at Tomah VA Medical Center, Building 407, 3rd Floor, Room 3720. All work must be completed within 480 calendar days after receiving the Notice to Proceed. The contractor must furnish a bid guarantee of at least 20% of the bid price but not exceeding $1,400,000, and must provide performance and payment bonds upon award. Bidders must verify SDVOSB certification in the SBA database at https://search.certifications.sba.gov/ and must submit the completed VAAR 852.219-75 Certificate of Compliance limiting subcontracting to no more than 75% of contract value to non-SDVOSB firms, with materials excluded.
View the file
Other files
Show all 15
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
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)
SOLICITATIONSOLICITATION
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.
e
36C25226B0017 X 04-23-2026
676-26-2-6985-0004 676-22-108
36C252
Department of Veterans Affairs 36C252 115 South 84th Street, Suite 101
Milwaukee WI 53214-1476
Department of Veterans Affairs 36C252 115 South 84th Street, Suite 101
Milwaukee WI 53214-1476
Gregory Block (414) 844-4800
Project Number 676-22-108 - Connect B406 AHU's to Emergency Power, at Tomah VAMC, Tomah WI 54660
Contractor shall provide for and furnish all labor, materials, equipment, qualified supervision, and other items designated in this contract in accordance with the specifications and drawings to complete Project # 676-22-108 Connect B406 AHU's to Emergency Power at Tomah VA Medical Center, 500 E. Veterans St, Tomah, WI.
This procurement is a 100% set aside for CVE Verified Service-Disabled Veteran Owned Small Business Firms (SDVOSB) per the authority 38 U.S.C. 8127 (Public Law 109-461). Project Magnitude Between $500,000 and $1,000,000.
NAICS code 238210 - Electrical Contractors and Other Wiring Installation Contractors; SBA Size Standard $19 M.
In accordance with VAAR 819.7003(b), at the time of submission of bid, and prior to award of any contract, the bidder must represent to the CO that it is a (1) SDVOSB eligible under VAAR Subpart 819.70; (2) Small Business concern under the NAICS assigned to this acquisition; and (3) SDVOSB listed as verified in the SBA database at:
10https://veterans.certify.sba.gov/
Submit all questions regarding the solicitation, specifications, and/or drawings in writing to the Contract Specialist, gregory.block@va.gov no later May 8, 2026. Questions received after this deadline may not be addressed.
TELEPHONE INQUIRIES NOT ACCEPTED.
Virtual BID OPENING: May 27, 2026 at 10:00 AM local. NOTE: See Contracting Officer's Special Instructions.
If submitting as a joint-venture, offerors must include a copy of the joint-venture agreement. All bidders are responsible for monitoring and downloading any amendments from Contract Opportunities at the following website:
https://sam.gov/search
Organized SITE VISIT has been scheduled for April 30, 2026, at 10:00 am local.
Participants will meet at:
Tomah VA Medical Center 5000 E Veteran Street Tomah, WI 54660 Building 407 / 3rd Floor / Room 3720
10 480
X 52.211-10
X 10
One (1) 1000 CDT
05-27-2026
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
See Attached Bid Schedule
Department of Veterans Affairs 36C252 Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476
Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971
Ryan McMillin Contracting Officer
Solicitation #: 3625226B0017
BID SCHEDULE:
Solicitation Number: 36C252-26-B-0017 VA Project Number: 676‐22‐108 Connect B406 AHU’s to Emergency Power
Price Range $500,000 to $1,000,000.
Base Bid
Contractor shall provide for and furnish all labor, materials, equipment, qualified supervision, and other items designated in this contract in accordance with the specifications and drawings to complete Project # 676-22-108: Connect B406 AHU’s to Emergency Power at Tomah VA Medical Center, Tomah, WI.
All work shall be completed within 480 calendar days after receiving Notice to Proceed.
Base Bid LUMP SUM: _______________________________
NOTICE TO BIDDERS: Additional information regarding the general and specific scope of work is defined in the specifications and drawings. Award will be made to the bid responsible, who submitted the lowest responsive bid. A single award will be made on Base Bid. Only one award will be made as a result of this solicitation.
End of Section
CONTRACTING OFFICER SPECIAL INSTRUCTIONS AS FOLLOWS:
After compiling all required information, submit the information in accordance with Block 13 of the SF 1442 (page 1 of this solicitation). Return the original and specified number of copies to the issuing office listed in Block 8 of the SF 1442 (page 1 of this solicitation).
INQUIRIES:
Requests for information or clarifications to solicitation documents shall be submitted to the Contracting Officer at ryan.mcmillin@va.gov and Contract Specialist, at gregory.block@va.gov for action no later than May 8, 2026. Requests received after this deadline may not be addressed. Telephone inquiries will not be accepted.
Inquiries and all correspondence concerning this solicitation document should be submitted in email to the Contracting Officer and Contract Specialist referenced in the solicitation. YOU ARE INSTRUCTED
SPECIFICALLY TO CONTACT ONLY THE CONTRACTING OFFICER / CONTRACT SPECIALIST
ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO
CONTRACT AWARD.
VIRTUAL BID OPENING INFORMATION:
1) There will be no in-person public bid opening process. This will be conducted as a public virtual activity.
2) The virtual bid opening will be available at a later date to the public via Microsoft Teams.
BIDS DUE: Vendor bids are due via email as shown above at 10:00 AM local time on 5/27/2026.
Information for a virtual bid opening for the same time this will be provided at a later date. It is highly recommended that Bidders submit their bid at least one hour prior to bid opening to avoid any transmission issues.
A hard copy submission is not required. Any bids received after the date and time specified for receipt of bids will be processed in accordance with FAR 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999).
3) IAW FAR 52.214-5 Submission of Bids and FAR 14.202-8 Electronic Bids; Bids shall be provided via email to Contracting at Gregory.Block@va.gov AND Ryan.McMillin@va.gov .
4) Ensure your complete bid including bid bond are provided in your submission. The successful low bidder is required to furnish their original bid bond within ten (10) days after notification by the Contracting Officer.
5) Ensure your bid includes the completed VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON
SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION
(JAN 2023) (DEVIATION). See Solicitation Attachment.
“VAAR 852.219-73 was included in this solicitation and references the SBA certification database at https://veterans.certify.sba.gov/. However, the website portal at the foregoing link is now static and is no longer being updated as of August 2024. To be eligible for award, a vendor must be listed as SDVOSB certified in the SBA’s Small Business Search (formerly Dynamic Small Business Search) website: https://search.certifications.sba.gov/
CONTRACTOR’S SIGNATURE:
In accordance with Federal Acquisition Regulations Part 4, contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows:
(a) Individuals. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words ", an individual doing business as _________" [insert name of firm].
(b) Partnerships. A contract with a partnership shall be signed in the partnership name. Before signing for the Government, the contracting officer shall obtain a list of all partners and ensure that the individual(s) signing for the partnership have authority to bind the partnership.
(c) Corporations. A contract with a corporation shall be signed in the corporate name, followed by the word "by" and the signature and title of the person authorized to sign. The contracting officer shall ensure that the person signing for the corporation has authority to bind the corporation.
(d) Joint venturers. A contract with joint venturers may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this section for each type of participant. When a corporation is participating, the contracting officer shall verify that the corporation is authorized to participate in the joint venture.
(e) Agents. When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) of this section, the agent’s authorization to bind the principal must be established by evidence satisfactory to the contracting officer.
COMPLIANCE WITH VHA DIRECTIVE 1192.01:
VHA Directive 1192.01 issued August 10, 2020 requires all contractor personnel to receive annual seasonal influenza vaccinations or obtain an exemption for medical or religious reasons. Compliance with this directive is a requirement of this contract. A copy of VHA Directive 1192.01 is available at this link:
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi0t7CAj_DrAh XDgnIEHbVSCwgQFjAAegQIBRAB&url=https%3A%2F%2Fwww.va.gov%2Fvhapublications%2FVie wPublication.asp%3Fpub_ID%3D8948&usg=AOvVaw1Rwijbc9Z5WL5ilsgWoagN” or https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948
CONTRACTOR INFORMATION:
Name of Company: ___________________________________________________
Address: ___________________________________________________
City, State, Zip Code: ___________________________________________________
Name(s) and Title of Company 1.) __________________________________________________
Legal Binding Authority(s): 2.) __________________________________________________
3.)
4.) __________________________________________________
Primary Point of Contact: ___________________________________________________
E-Mail Address: ___________________________________________________
Address: ___________________________________________________
City, State, Zip Code: ___________________________________________________
Phone No: ___________________________________________________
Fax No: ___________________________________________________
TAX ID Number: ___________________________________________________
DUNS Number: ___________________________________________________
Past Performance Point of Contact (within your company), include name and email address:
INFORMATION REGARDING SOLICITATION MATERIAL, BID GUARANTEE AND
BONDS:
(a) This solicitation & all associated solicitation documents are available to interested parties in electronic file format from https://sam.gov/. No hard copy documents will be provided by the government.
(b) A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $1,400,000. Failure to furnish the required bid guarantee on form SF24, in the proper amount, by the time set for submission of proposals, will result in rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.
(c) The offeror to whom a task order is awarded will be required to furnish a Payment Bond, on form SF25A, and a Performance Bond, on form SF25. Each bond shall be issued for a penal sum equal to the value of the awarded task order. Copies of forms SF25 and SF25A may be obtained from the Contracting Officer upon request.
(d) Offerors are to ensure the most current version of SF24, SF25, and SF25A bond forms are used.
Current versions of these forms can be found and downloaded from the GSA Forms Library (https://www.gsa.gov/portal/forms/type/TOP).
Safety or Environmental Violations and Experience Modification Rating Information:
All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record.
The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.
All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.
Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.
If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.
The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.
This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.
Pre-Award Contractor Safety and Environmental Record Evaluation Form:
Company Name: _____________________________________________________________
Address: ____________________________________________________________________
Telephone: ______________________________ Fax: _______________________________
Email: ______________________________________________________________________
DUNS Number: _______________________________________________________________
UEI #:_______________________________________________________________________
Contact: ____________________________________________________________________
1. Utilizing your OSHA 300 Forms, please complete the following information:
Category 2023 2024 2025 Number of man hours (jobsite and office).
Number of cases involving days away from work, restricted activity, or both (Column H and I of OSHA 300).
Days away, restricted, or transferred rate (# of days away, restricted, or transferred cases x 200,000/# of man hours) (DART Rate).
Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations.
Please attach copies of the following documents: OSHA 300 and 300a Forms. These forms can be accessed through the OSHA publications search page:
http://www.osha.gov/pls/publications/publication.html.
2. Provide your six-digit North American Industrial Classification System (NAICS) Code for this acquisition: __________________________________
3. Who administers your company’s Safety and Health Program? _______________________
4. Company’s Insurance Experience Modification Rate (EMR): _______________________
STATEMENT OF WORK
Project Data:
a. Title: Connect B406 AHU to Emergency Power
b. Location: VA Medical Center, Tomah, Wisconsin Building B446/406
c. Project #: 676-22-108
d. COR: Bob Pidgeon
e. ACOR: Tim Griffin
I. General Description:
Provide Construction Services for Project 676-22-108 Connect B406 AHU to Emergency Power.
II. Project Scope:
1. The contractor shall provide for and furnish all labor, materials, equipment, qualified supervision, and other items designated in this contract in accordance with federal, state, and local authorities, project specifications, and drawings necessary to complete the construction of this project at the VA Medical Center, Tomah, Wisconsin.
2. All work shall be completed within 480 calendar days after receiving the notice to Proceed (NTP).
3. See plans and specifications for further information.
III. Period of Performance:
1. The Pre-construction (kick-off) meeting will be held on a future, agreed-to-date (post award) and will coincide with the NTP.
CONSTRUCTION PERIOD OF PERFORMANCE CHART
(IN CALENDAR DAYS AFTER NTP)
Days for the Work VA Review Total days after NTP
Pre-Construction 30 20 50
Work hold for materials 45 Weeks estimate by
VA
0 45 Weeks
Work performed in B406 and B446 90 5 95
Closeout 10 10 20
IV. Site Specific Requirements:
On-Site Working Hours: All work can be done during normal working hours.
V. Preconstruction submittals:
1. Accident Prevention Plan & related AHA’s (10 days after NTP)
2. Schedule of Values (10 days after NTP)
3. 1413 (10 days after NTP)
4. Design review report test and balance (10 days after NTP)
5. Schedule (15 days after NTP)
6. Long lead time item submittal (10 days after NTP)
VI. Records Management
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C.
chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. VA Tomah and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA Tomah or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA Tomah. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA Tomah control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA Tomah guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.
8. The Contractor shall not create or maintain any records containing any non-public VA Tomah information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. VA Tomah owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA Tomah shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VA Tomah-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
Flow down of requirements to subcontractors
1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
--------------------------------------------End of Sow---------------------------------------------------
VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:
(i) [ ] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.
(ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(iii) [X] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating 18 U.S.C. 1001.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract.
Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee: __________________________________________________________
Printed Title of Signee: ___________________________________________________________
Signature: _____________________________________________________________________
Date: _________________________________________________________________________
Company Name and Address: _____________________________________________________
(End of Clause)
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 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (NOV 2025) (DEVIATION) ALTERNATE II (NOV 2025)
(a) Definitions. As used in this clause—
Caribbean Basin country construction material means a construction material that—
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
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.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or 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
Designated country means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.
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 __ percent of the cost of all its components. 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.
Free Trade Agreement country construction material means a construction material that—
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country;
or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.
Least developed country construction material means a construction material that—
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.
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.
WTO GPA country construction material means a construction material that—
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.
(b) Construction materials.
(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 material, excluding COTS fasteners. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition.
Therefore, the Buy American restrictions are waived for designated country construction materials.
(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.
(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions 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) [Reserved]
(3) [Reserved]
(B) For domestic construction material that is a critical item or contains critical components.
(1) The cost of a particular domestic construction material that is a critical item or contains critical components, 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 plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.
(2) [Reserved]
(3) [Reserved]
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award.
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .