36C25226B0027_2.docx

36C25226B0027

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

36C25226B0027

2. TYPE OF SOLICITATION

X SEALED BID (IFB) NEGOTIATED (RFP)

3. DATE ISSUED

05-08-2026

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

556-26-1-6933-0001

6. PROJECT NUMBER

556-23-104

Department of Veterans Affairs Great Lakes Acquisition Center (GLAC-69) 36C252 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Great Lakes Acquisition Center (GLAC-69) 36C252 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

Hudell Ballen

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

(414) 844-4842

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

PROJECT 556-23-104 CHILL WATER PIPING FROM BLDG. 188 TO BLDGS. 1, 3 AND 48 AT CAPTAIN JAMES A. LOVELL FEDERAL HEALTH CARE CENTER (FHCC), NORTH CHICAGO, IL 60064-3048:

Contractor shall provide for and furnish all labor, materials, equipment, qualified supervision, and other items designated in this solicitation in accordance with (IAW) the specifications and drawings to complete the project indicated above. All work shall be performed in accordance with all current NFPA, federal, state, and local authorities NAICS: 236220 - Commercial and Institutional Building Construction - Small Business Size Standard of $45.0 Million. Project price range is between $2,000,000 and $5,000,000.

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). 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: (1) an SDVOSB eligible under VAAR Subpart 819-70; (2) a Small Business concern under the NAICS assigned to this acquisition; and (3) an SDVOSB listed as verified in the SBA Certification database at: https://veterans.certify.sba.gov/ (see 13 CFR 128).

See FAR 52.236-27 for site visit details. One (1) organized site visit is scheduled for Monday, May 18, 2026, at 10:00 a.m. CDT. Attendees will meet in Building 3, Room 116 at the Captain James A Lovell FHCC, North Chicago, IL 60064.

Contractors are encouraged to attend the site visit to become familiar with the area, compare the existing conditions with the contract documents and to develop appropriate questions about the solicitation details.

Bidders are REQUIRED to complete certification for VAAR 852.219-75 included as an attachment (S02_Att1 852.219-75 VA Notice of Limitations on Subcontracting-Certificate DEVIATION_REQUIRED). Failure to complete and submit with bid, will render bid submission non-responsive and not eligible for evaluation/award.

Submit all questions regarding this solicitation, specifications, and/or drawings in writing to the Primary POC: Contract Specialist, hudell.ballen@va.gov and Secondary POC: Contracting Officer, ryan.mcmillin@va.gov no later than May 25, 2026. Questions received after the deadline may not be addressed. TELEPHONE INQUIRIES WILL NOT BE ACCEPTED.

NOTICE: VA and/or a third party (support contractor) will require access to VA contractor records to assess contract compliance with the limitations on subcontracting requirements in VAAR 852.219-75 NOTICE LIMITATIONS ON SUBCONTRACTING.

If submitting as a joint-venture, offerors must include a copy of the joint-venture agreement.

All offerors are responsible for monitoring and downloading all amendments from Contract Opportunities at the following website: https://sam.gov/

11. The Contractor shall begin performance within 10 calendar days and complete it within 360 calendar days after receiving 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

X

YES

NO

X ) award, notice to proceed. This performance period is mandatory negotiable. (See 52.211-10 ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and None (0) copies to perform the work required are due at the place specified in Item 8 by 10:00 AM CDT

36C25226B0027

(hour) local time

06-12-2026

(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. ( X )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 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

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

OFFER (Must be fully completed by offeror)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

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. (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.)

18. (

AMOUNTS

BASE BID LUMP SUM:

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

AWARD

(To be completed by Government)

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971

PHONE: 877-353-9791 FAX: 512-460-5540

Department of Veterans Affairs Great Lakes Acquisition Center (GLAC)) 36C252 115 South 84th Street, Suite 101

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract 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.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print) Ryan McMillin

BY

31c. AWARD DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

BID SCHEDULE

SOLICITATION: 36C25226B0027

PROJECT: 556-23-104 Chill Water Piping from Bldg. 188 to Bldgs. 1, 3 and 48

Price Range Between $2,000,000 and $5,000,000

This construction project is required to have a contractor shall provide all tools, materials, labor, quality assurance, and supervision for construction of an expansion line of the chilled water supply and return from building 188 to buildings 1, 3, and 48 resulting in a complete, compliant, and fully-functional project as described throughout the contract documents and in accordance with (IAW) the drawings, specifications, and all other associated project documents at Captain James A Lovell Federal Health Care Center.

All work shall be completed within 360 calendar days after receipt of the Notice to Proceed.

Base Bid Lump SUM: $

NOTICE TO BIDDERS: Award will be made to the responsible bidder who submitted the lowest responsive bid. Work shall not commence until all required submittals are approved by the Contracting Officer or the Contracting Officer’s Representative (COR). An approved cost-loaded, Critical Path Method (CPM) construction schedule is required prior to commencement of construction. See specifications for details. CPM schedule shall be approved by the Contracting Officer or the Contracting Officer’s Representative. See specifications for details.

36C25226B0027

Page of

*Illinois State Sales Tax Exemption:

The Illinois Administrative Code, 130.2075 allows construction contractors to be exempt from Retailers Occupation Tax and Use Tax within the State of Illinois when the materials are for Incorporation into real estate owned by Governmental bodies. For purposes of this authority, a Construction Contractor is defined as a General Contractor or a Subcontractor 86 Ill. Adm. Code 130.1940(a)(1). Materials, are defined as all of the tangible personal property, including fixtures, which enter into a structure or otherwise become incorporated into real estate 86 Ill. Adm. Code 130.1940(a)(5), but do not include tools, fuel, lumber for forms and other end use or consumption items which are not incorporated into the real property 86 Ill. Adm. Code 130.2075(d)(3).

Prospective offerors are notified that under 86 Ill. Adm. Code 130.2075, purchase of applicable materials within the State of Illinois to be incorporated into the real property of Captain James A. Lovell Federal Health Care Center (FHCC) North Chicago, IL may be exempt from Illinois Retailers’ Occupation Tax and Use Tax. VA will furnish a Certificate to the successful awardee under this solicitation that contains appropriate information that will allow the awardee to take advantage of this tax exemption within the State of Illinois for the project identified in this solicitation. Prime contractors may furnish the certificate to its subcontractors for use on this project. All bids received in response to this solicitation are presumed to reflect any tax benefit that may be realized upon receipt of this certificate.

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_ DrAhXDgnIEHbVSCwgQFjAAegQIBRAB&url=https%3A%2F%2Fwww.va.gov%2Fvhapublicatio ns%2FViewPublication.asp%3Fpub_ID%3D8948&usg=AOvVaw1Rwijbc9Z5WL5ilsgWoagN

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) This solicitation & all associated bid documents are available to interested parties in electronic file format from SAM.gov | Contract Opportunities. 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 $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will result in rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) The bidder to whom a contract is awarded will be required to furnish a Payment Bond, on form SF 25A, and a Performance Bond, on form SF 25. Each bond shall be issued for a penal sum equal to the value of the awarded contract. Copies of forms SF 25 and 25A may be obtained from the Contracting Officer upon request.

(d) Bidders 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).

DESCRIPTION OF WORK:

Project: 556-23-104 Chill Water from Bldg. 188 to Bldgs. 1, 3 and 48

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS AS FOLLOWS:

After compiling all required information, submit the information in accordance with the "Bid Due Date" in Block 13 of SF 1442 (page one of this solicitation). Return the original and specified number of copies to the issuing office listed in Block 8 of SF 1442 (page one of this solicitation).

INQUIRIES:

Written requests for information (RFI’s) or clarifications to solicitation documents shall be submitted to the contracting officer ryan.mcmillin@va.gov and the contract specialist hudell.ballen@va.gov for action no later than Monday, May 25, 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 writing to the Contracting Officer/Contract Specialist. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE 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. Bid opening will be conducted as a public virtual activity.

2) The virtual bid opening will be available to the public via Microsoft Teams at the following link and/or phone number:

MICROSOFT TEAMS MEETING:

Join: https://teams.microsoft.com/meet/224138103086373?p=LEYMPxLGfFOPZOfUdG

a) Meeting can be accessed 15 min prior to virtual bid opening

b) Meeting ID: 224 138 103 086 373

c) Passcode: Hf2w78Sk

d) Dial-in by phone: +1 872-701-0185; Phone conference ID: 838 196 200#

3) IAW FAR 52.214-5 Submission of Bids and FAR 14.202-8 Electronic Bids; Bids shall be provided via email to the Contract Specialist (CS) and Contracting Officer (CO) as follows, hudell.ballen@va.gov and ryan.mcmillin@va.gov.

BIDS DUE: Vendor bids are due via email as shown above at 9:00 AM (CDT) on Friday, June 12, 2026.

The virtual public bid opening will be held at 10:00 AM (CDT) on Friday, June 12, 2026, at the link and/or the phone number provided above.

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).

It is highly recommended that Bidders submit their bid at least one hour prior to bid opening to avoid any transmission issues.

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 five (5) days after notification by the Contracting Officer.

5) Ensure your bid includes the completed VAAR CLAUSE 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION). VAAR CLAUSE 852.219-75 is included as an attachment (S02_Att1 852.219-75 VA Notice of Limitations on Subcontracting-Certificate DEVIATION_REQUIRED). Failure to complete and submit with bid, will render bid submission non-responsive and not eligible for evaluation/award.

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’s name. Before signing for the Government, the Contracting Officer (CO) shall obtain a list of all partners and ensure that individual(s) singing for 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 Ventures: 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 paragraph (a) through (d) of this section, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

Information provided below shall be applicable to Project 556-23-104 Chill Water Piping from Bldg. 188 to Bldgs. 1, 3 and 48:

1.) 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.

2.) 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.

3.) 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.

4.) 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.

5.) 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.

6.) 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

Information provided below is current and applicable to Solicitation 36C25226B0027 for Project 556-23-104 Chill Water Piping from Bldg. 188 to Bldgs. 1, 3 and 48.

Company Name: Address: Telephone: Fax: Email: Contact:

1. Utilizing your OSHA 300 Forms, please complete the following information:

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 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):

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:

UID Number:

(this is different than the Dun & Bradstreet Number)

Point of Contact(s) (within your company), include name and email address:

CONSTRUCTION STATEMENT OF WORK

North Chicago, IL 60064 Part 1: Project Scope of Work Overview:

Contractor shall provide all tools, materials, labor, quality assurance, and supervision for construction of an expansion line of the chilled water supply and return from building 188 to buildings 1, 3, and 48 resulting in a complete, compliant, and fully-functional project as described throughout the contract documents – including the drawings and specifications.

Part 2: Period of Performance:

Listed milestones and phases (calendar days):

A. Notice To Proceed Day 0 B. Division 01 Submissions Completed Day 15

Total: 360 days reflects worse-case scenario pre-construction planning and then execution requiring no more than one week per building as GC must plan multiple locations occurring simultaneously. This project does not contemplate extraordinarily long lead times for any material, however, the GC may still experience unforeseen challenges, therefore, all material procurement must occur prior to mobilization to prevent this risk. Should the GC find that some items cannot be sourced and installed as planned here, then they must inform VA prior to mobilization, and revise their CPM schedule to show the longest delivery date(s) and adjustment of all activities preceding delivery of long lead items to ensure continuous flow of work through to completion (prevent false starts and delays).

Part 3: Detailed Project Requirements:

1. Project Objectives:

A. This project is required to expand the supply and return of chilled water from B188 to B’s 1,3, and 48 as expediently and compliantly as practical.

B. Meet or exceed all Code, technical, and programmatic requirements adopted, established, revised, and or published by VA or the many organizations listed in the several specifications.

C. Expedite the delivery of a highly functional, complete, compliant, and safe workspace(in 188) for the user service.

2. List of AE Documents to be included in this Contract:

A. See: 00 01 10 Table of Contents and the entire Project Manual B. See: 00 01 15 List of Drawing Sheets and the entire volume of drawings

3. Pre-Bid Conference:

A. VA shall schedule one pre-bid conference to be attended by prospective bidders to observe current conditions within the work area(s). Do not expect additional events to occur.

B. The AE shall not attend the pre-bid event. No questions will be allowed during the event. All questions by all prospective contractors shall follow the RFI process described in the Solicitation.

C. Prospective bidders shall not attempt to contact the AE or VA facilities engineering staff during the solicitation and bidding period. The AE and VA facilities engineering staff are instructed to ignore all such inquiries and report them to the VA Contracting Officer. All inquiries regarding this project shall be presented as complete and coherent Requests for Information (RFI) specifically citing design or specification sections, pages, paragraphs, notes, details, etc. to enable responses to RFI’s. Follow the instructions provided by the Contracting Officer within the Solicitation regarding submission of RFI’s. VA will post responses developed to enable all prospective bidders to receive the same information at the same time.

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

2.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

As prescribed in 4.1202(a), insert the following provision:

Annual Representations and Certifications (Mar 2026)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is_____236220_______ [insert NAICS code].

(2) The small business size standard is ____45MIL_____ [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is 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.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $200,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $105,767, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

2.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

2.4 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)

2.5 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)

2.6 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting…