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- Solicitation number
- 36C25626R0019
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This is a solicitation document for a construction contract to perform a pharmacy physical security upgrade at the Sonny Montgomery VA Medical Center in Jackson, Mississippi. The Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 issued Solicitation Number 36C25626R0019 on March 30, 2026, with a proposal deadline of May 8, 2026 at 10:00 AM CDT. The procurement is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) certified in the SBA VetCert database, and offerors must be registered in SAM prior to award.
The project (586-22-105) involves phased general construction, demolition, installation of physical security upgrades, replacement of access controls, toilet room upgrades, HVAC modifications, and lighting and finish upgrades. The magnitude of construction is between $2,000,000 and $5,000,000, classified under NAICS code 236220 with a small business size standard of $45 million. The contract type is Firm-Fixed-Price with a mandatory 10-day performance start and 365-day completion period. The solicitation includes one base bid (Line Item 0001) and three alternate line items that may be awarded based on available funding and in descending order of importance. A formal site visit is scheduled for April 13, 2026 at 10:00 AM CST. Proposals must be submitted via email as a consolidated PDF file (maximum 10 MB) with detailed divisional cost breakdowns. The contractor must provide a 30-hour OSHA-certified superintendent dedicated 100% to the project, comply with Davis Bacon wage requirements, obtain a bid bond equal to 20% of the bid price or $3,000,000 (whichever is less), and provide general liability insurance of $500,000 per occurrence. Evaluation will be based on technical factors (Approach/Quality Management, Professional Qualifications, and Past Performance) equally weighted and collectively equal to Price.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C25626R0019 0003.docx | DOCX document | |
| 36C25626R0019 0002.docx | DOCX document | |
| Pre-bid conference site visit 4.13.26 sign in.pdf | ||
| 36C25626R0019 0001.docx | DOCX document | |
| WD MS20260051 Hinds.pdf | ||
| 36C25626R0019 EXHIBIT B.docx | DOCX document | |
| 36C25626R0019 EXHIBIT D.docx | DOCX document | |
| 586-22-105 Drawings edited tl.pdf | ||
| 010000 11-2021 General Requirements - R2.pdf | ||
| WD MS20260052.pdf | ||
| 36C25626R0019 EXHIBIT C.docx | DOCX document | |
| 586-22-105 Specifications Revised.pdf | ||
| Scope of Work Pharmacy Physical security Redlines updated.docx | DOCX document | |
| 36C25626R0019 EXHIBIT A.docx | DOCX document | |
| 36C25626R0019 EXHIBIT E.docx | DOCX document | |
| 36C25626R0019 EXHIBIT F.docx | DOCX document |
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1. SOLICITATION NUMBER
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
6. PROJECT NUMBER
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
a. NAME
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV. 8/2014)
STANDARD FORM 1442
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION
SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).
YES
NO
a.
Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
b.
An offer guarantee is, is not required.
c.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d.
Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
36C25626R0019
X 03-30-2026
586-26-1-1575-0001
586-22-105 36C256 Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703 Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703 Andrew Misfeldt andrew.misfeldt@va.gov Note: Any reference contained herein concerning "bid" or "bidder" means "offer" or "offeror".
This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) under Public Law (PL) 109-461. Offerors must be verified as a SDVOSB in VetCert (http://www.veterans.certify.sba.gov.).
Offers received from contractors who are not SDVOSB verified in SBA will not be considered for award.
Federal Acquisition Regulations require that federal contractors register in the System For Award Management (SAM) database at https://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting a proposal.
Project: 586-22-105 Pharmacy Physical Security Upgrade Contractor shall provide all labor, materials, tools, equipment, expertise, administration, supervision, and transportation as necessary to perform all work in accordance with the provided Statement of Work, drawings, and specifications to upgrade the pharmacy physical security located at the Sonny Montgomery VAMC Jackson, MS.
NAICS 236220 SMALL BUSINESS SIZE STANDARD: 45M
The magnitude of construction is between $2,000,000 and $5,000,000.
SITE VISIT: There is a formal site visit 13 APR 2026 at 10AM CST offers meet Room 101G I Building FMS Plans Room.
Forward all questions to andrew.misfeldt@va.gov NLT 27 APR 2026 @ 3:00pm Local Time or as otherwise stated by amendment. All RFI questions and answers stemming from the site visit will be distributed via amendment.
INFORMATION PROVIDED AT THE SITE VISIT SHALL NOT ALTER THE TERMS AND CONDITIONS OF THE SOLICITATION. TERMS OF THE SOLICITATION REMAIN UNCHANGED UNLESS THE SOLICITATION IS AMENDED IN WRITING. CONTRACTORS ARE REQUIRED TO SUBMIT ALL QUESTIONS IN WRITING, USING EXHIBIT F, (EMAIL IS ACCEPTABLE) TO THE CONTRACT SPECIALIST SHOWN ABOVE NO LATER THAN NOON CT 14 CALENDAR DAYS PRIOR TO THE DATE/TIME SET FOR RECEIPT OF PROPOSALS.
This project is not tax exempt.
X X
52.211-10 X
One (1) email
10:00 AM CDT
CDT
05-08-2026
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)( 38 U.S.C. 8127(d) (
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
Please see Schedule of Offer Items & Continuation of SF 1442 (Divisions)
36C256 Department of Veterans Affairs Veterans Healthcare System of the Ozarks Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703
FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically 1-877-489-6135
JB Herbst VA-VHA-RPOC-2023-0125 Contracting Officer
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| A.3 PRICE/COST SCHEDULE | 6 |
| ITEM INFORMATION | 6 |
| A.4 CONTINUATION OF SF 1442 BLOCK # 17 | 7 |
| A.5 GENERAL PROPOSAL INFORMATION | 9 |
| A.6 Proposal Preparation | 11 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 20 |
| 2.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 20 |
| 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) | 20 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 20 |
| 2.4 52.228-1 BID GUARANTEE (SEP 1996) | 21 |
| 2.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 22 |
| 2.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 22 |
| 2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 26 |
| 2.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) | 27 |
| 2.9 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020) | 27 |
| 2.10 VAAR 852.214-72 ALTERNATE ITEM(S) (MAY 2018) | 28 |
| 2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 28 |
| 2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 29 |
| 2.13 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019) | 29 |
| 2.14 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 30 |
| REPRESENTATIONS AND CERTIFICATIONS | 31 |
| 3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 31 |
| 3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 32 |
| 3.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION) | 34 |
| GENERAL CONDITIONS | 37 |
| 4.1 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION) | 37 |
| 4.2 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2025) (DEVIATION) | 38 |
| 4.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV 2025) | 41 |
| 4.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 45 |
| 4.5 SUPPLEMENTAL INSURANCE REQUIREMENTS | 55 |
| 4.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 55 |
| 4.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) | 58 |
| 4.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 59 |
| 4.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 59 |
| 4.10 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020) | 59 |
| 4.11 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 59 |
| 4.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 60 |
| 4.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 63 |
| 4.14 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025) | 64 |
| 4.15 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 65 |
| 4.16 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS–CPM) (NOV 2018) (ALTERNATE I) | 65 |
| 4.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 68 |
| 4.18 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 69 |
| 4.19 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 70 |
| 4.20 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 70 |
| 4.21 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 71 |
| 4.22 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 72 |
| 4.23 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 72 |
| 4.24 Contractor Performance Assessment Reporting System | 74 |
| ATTACHMENT | 76 |
| See attached document: 36C25626R0019 EXHIBIT A. | 76 |
| See attached document: 36C25626R0019 EXHIBIT B. | 76 |
| See attached document: 36C25626R0019 EXHIBIT C. | 76 |
| See attached document: 36C25626R0019 EXHIBIT D. | 76 |
| See attached document: 36C25626R0019 EXHIBIT E. | 76 |
| See attached document: 36C25626R0019 EXHIBIT F. | 76 |
| See attached document: 010000 11-2021 General Requirements - R2. | 76 |
| See attached document: Scope of Work Pharmacy Physical security Redlines updated. | 76 |
| See attached document: 586-22-105 Drawings edited tl. | 76 |
| See attached document: WD MS20260052. | 76 |
| See attached document: 586-22-105 Specifications Revised. | 76 |
| See attached document: Outpatient Pharmacy Phase Plan. | 76 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
GENERAL CONSTRUCTION: BASE BID : Work includes phased general construction, alterations, demolition and installation of physical security upgrades, replacement of access controls, toilet room upgrades, HVAC modifications, specific finish and lighting upgrades and certain other items.
| 1.00 |
| JB |
| __________________ |
| __________________ |
ALTERNATE NO.1 Delete all aspects of demolition and installation of Access Control system and components.
| 1.00 |
| JB |
| __________________ |
| __________________ |
ALTERNATE NO.2: Delete portion of the existing flooring delineated in the Contract Documents; the flooring will remain as is and new flooring will be installed adjacent to it. In addition, delete the dismantling, removal, storage, and reassembly of the Pill Dispensing units located in the same area.
| 1.00 |
| JB |
| __________________ |
| __________________ |
ALTERNATE NO.3: Demolition of Outpatient Vault door and associated frame and framing and repair of the remaining opening.
| GRAND TOTAL |
| __________________ |
A.4 CONTINUATION OF SF 1442 BLOCK # 17
The Base Offer for Line Item 0001 shall completely prepare site for building operations, including demolition, removal of existing structures, furnish labor and materials, quality control, supervision and to perform the work in accordance with the Statement of Work, specifications, and drawings for project 586-22-105 Pharmacy Physical Security Upgrade. This project is to completely upgrade the pharmacy physical security. Hard copies of the SOW, specifications, and drawings must be the Contractor’s responsibility and expense. Contractor is responsible to verify existing and new dimensions, locations, and quantities to complete this project located on the G.V. Sonny Montgomery VA Medical Center located at 1500 East Woodrow Wilson Avenue Jackson, MS 39216-5116.
This project must be a turn-key operation in accordance with this SOW, drawings, and specifications to be complete and working system(s). The VA Medical Center facility must continue to operate during the contract Period of Performance, including but not limited to, the mechanical and electrical systems. Must follow the construction phasing plan provided.
All work shall meet VA, National, State, and local codes and be performed in accordance with the contract and any applicable drawings and specifications.
A single award will be made on Line Item No. 1, but in the event an offer exceeds the funds available, a single award may be made on Line Item No. 2, Line Item No. 3, or Line Item No. 4, in that order, based on available funding. The line items are listed in descending order of importance. Offerors shall provide a total contract price on each line item listed.
Offerors must complete the divisional breakdown provided below and provide enough detail in their price proposals to allow the government to review and make an informed decision, ensuring the prices are fair and reasonable. The price proposals should include detailed pricing that makes up the entire division price.
| MATERIAL |
| LABOR |
| EQUIPMENT |
| TOTAL |
| DIVISION 01: |
| GENERAL REQUIREMENTS |
| DIVISION 02: |
| EXISTING CONDITIONS |
| DIVISION 03: |
| CONCRETE |
| DIVISION 04: |
| MASONRY |
| DIVISION 05: |
| METALS |
| DIVISION 06: |
| WOOD, PLASTICS & COMPOSITES |
| DIVISION 07: |
| THERMAL & MOISTURE PROTECTION |
| DIVISION 08: |
| OPENINGS |
| DIVISION 09: |
| FINISHES |
| DIVISION 10: |
| SPECIALTIES |
| DIVISION 11: |
| EQUIPMENT |
| DIVISION 12: |
| FURNISHINGS |
| DIVISION 13: |
| SPECIAL CONSTRUCTION |
| DIVISION 14: |
| CONVEYING EQUIPMENT |
| DIVISION 21: |
| FIRE SUPPRESSION |
| DIVISION 22: |
| PLUMBING |
| DIVISION 23: |
| HVAC |
| DIVISION 25: |
| INTEGRATED AUTOMATION |
| DIVISION 26: |
| ELECTRICAL |
| DIVISION 27: |
| COMMUNICATIONS |
| DIVISION 28: |
| ELECTRONIC SAFETY AND SECURITY |
| DIVISION 31: |
| EARTHWORK |
| DIVISION 32: |
| EXTERIOR IMPROVEMENTS |
| DIVISION 33: |
| UTILITIES |
| DIVISION 34: |
| TRANSPORTATION |
| DIVISION 48: |
| ELECTRICAL POWER GENERATION |
SUBTOTAL COST:
GENERAL LIABILITY / INSURANCE:
OVERHEAD & PROFIT:
BOND:
PROJECT TOTAL COST:
A.5 GENERAL PROPOSAL INFORMATION
1. JOINT VENTURE: Any offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and (2) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the offeror’s proposal will render the offeror ineligible for award.
1. VETS-4212: Title 38, USC Section 4212(d), and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact VETS-4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.
2. Past Safety Record: VHA DIRECTIVE 7715 SAFETY AND HEALTH DURING CONSTRUCTION requires that Contracting Officers evaluate and consider past safety records of prospective contractors in awarding contracts. OFFERORS SHALL SUBMIT EXHIBIT D CONTRACTOR EVALUATION FORM CONSTRUCTION SAFETY AS A PART OF THE PRICE PROPOSAL.
All offerors shall submit, as part of their price proposal, information pertaining to their past Safety and Environmental record using Exhibit D. The information must show that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA violation(s) in the past three years. If those totals are exceeded, the offeror shall attach an 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 offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an offeror’s EMR is above 1.0, offeror must attach a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the 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 offeror lacks insurance history, 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 offeror a Unity Rating of 1.0.
This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors
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.
OFFERORS WHO FAIL TO SUBMIT EXHIBIT D AND EXHIBIT E (SURETY FORM) (AND THE ASSOCIATED ADDITIONAL REQUIRED INFORMATION) AS A PART OF THEIR PROPOSAL PACKAGE WILL BE RATED LOWER THAN AN OFFEROR THAT DOES PROVIDE.
1. Requests for Information (RFIs): RFI’s are due, utilizing Exhibit F, no later than (NLT) 12:00 PM CST 14 calendar days prior to the date set for receipt of proposals or as amended and will not be accepted after this date. RFI’s should be submitted by email to the Contracting Officer, Andrew Misfeldt at andrew.misfeldt@va.gov. Responses will be provided by amendment to the solicitation in a question and answer format. Example: Subject Line of the RFI e-mail should be as follows: Company Name, RFI #1, 36C25626R0019 and Project #586-22-105.
1. Proposal Due Date: Proposals and Bid Bonds are due NLT the date/time shown in Block 13a of Standard Form (SF) 1442. All proposals will be submitted by E-Mail (all volumes & a copy of the Bid Bond) and received NLT date/time shown in Block 13A:
NOTE: Bid Bond signatures should be wet signed and there should be no white out corrections. Impressions from Notary must be clearly visible.
1. Magnitude of Construction: The magnitude of construction is between $2,000,000.00 and $5,000,000.00.
1. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 236220 Commercial and Institutional Building Construction Contractors. The Small Business size standard is $45 Million.
1. Wage Determination (WD): The applicable Davis Bacon WD for this solicitation is incorporated as an attachment to this solicitation.
1. Period of Performance: The successful offeror shall begin performance within 10 calendar days after receiving the notice to proceed and complete all work within the time specified in the award. All punch list items must be completed during the established 365 day period of performance.
1. Funding: Award is contingent upon the availability of appropriated funds. The Government does not compensate vendors for proposal development and submission.
1. Superintendence: The offeror shall provide, from their own staff, a competent 30-hour OSHA certified superintendent. This individual shall be 100% full time dedicated and assigned to this project while work is being performed on site. The offeror shall not divide or split up their superintendence duties among multiple projects at the same facility. Each project stands alone and requires a dedicated superintendent to be allocated and funded to that particular project.
11. Holidays: The following federal holidays are observed:
| New Year's Day | Martin Luther King Jr.’s Birthday | President's Day |
| Memorial Day | Independence Day | Labor Day |
| Columbus Day | Veterans Day | Thanksgiving Day |
| Christmas Day | Juneteenth Independence Day |
Any other holiday proclaimed by the President as a Federal Holiday.
When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies.
A.6 Proposal Preparation
This part describes the precise mechanism for evaluating and selecting offers for this procurement for:
Project 586-22-105 – Pharmacy Physical Security Upgrade
A. COMPLIANCE REVIEW
The Contract Specialist and/or SSA will undertake the following steps:
· Review Proposals: Verify each proposal’s adherence to proposal instructions.
· FAR/VAAR Clause Certification/Verification: Verify that the Federal Acquisition Regulation (FAR) and Veterans Affairs Acquisition Regulation (VAAR) clause certifications/verifications are completed and returned. (i.e. VAAR 852.219-75 as an example)
· SDVOSB Verification: Confirm that each Service-Disabled Veteran-Owned Small Business (SDVOSB) is verified in Sam.gov and the SBA Dynamic Small Business Search database.
· Notification of Non-Compliance: Notify offerors immediately, in writing, if their proposal is determined not in compliance with proposal instructions. Such proposals will not be considered for award.
Requirements:
· Timely and Equitable Evaluation: Proposals must be complete, self-sufficient, and respond directly to the solicitation requirements.
· Government Discretion: The Government reserves the right to make a final determination on a proposal’s acceptability based solely on the submitted proposal without requesting additional information.
· Proposal Removal: Failure to meet any requirement may result in the proposal being removed from consideration.
Proposal Submission Guidelines:
· Provide all requested information for each factor.
· Address each element of the factors as applicable.
· Highlight factor headings in yellow or bold text.
· Ensure the proposal is in the proper format, clear, and free of ambiguities.
· Submit the best terms from a price standpoint.
· Format the proposal as specified in the instructions.
· Resolve minor or clerical errors without constituting discussions. The Contracting Officer reserves the right to award a contract without requesting revisions or discussions.
B. EVALUATION CRITERIA
The evaluation process is detailed in the solicitation section titled “PROPOSAL PREPARATION”. In case of any ambiguity between the solicitation and the SSEP, the solicitation prevails.
Evaluation Process:
· Best Value Determination: The Government will award a contract to the offeror whose proposal conforms to the solicitation and is determined to be “Best Value”.
· Tradeoff Strategy: Evaluation of all acceptable offers against the source selection criteria in the solicitation.
· Evaluation Factors: Offers will be evaluated using the specified evaluation factors.
· Offer Completeness: Ensures the completeness of the proposal. The SSEB will evaluate only the information provided in the initial proposal without assuming any capability not explicitly identified within it.
C. COMMUNICATION AND COMPETITIVE RANGE
In accordance with FAR 15.306(b)(1)(i):
· Pre-Establishment Communications:
· Communications may be held with offerors if past performance information is the determining factor preventing them from being within the competitive range.
· Establish Competitive Range:
· The Contracting Officer will establish a competitive range of the most highly rated proposals.
· Negotiations and Final Proposal Revisions:
· Enter into negotiations with offerors within the competitive range.
· Allow for Final Proposal Revisions as specified.
· Submission Deadline:
· Final Proposal Revisions will be due at a time and place to be determined.
D. PROPOSAL FORMAT AND EVALUATION
Proposal size will be limited as shown and font/size shall be Arial 11. Title pages, headers, and exhibits do not count towards the page limitations. If these page limits are exceeded, the pages in excess of the limit will not be read or considered.
Offerors shall submit 1 (one) email. Email shall include a consolidated PDF file, no larger than 10mb, as an attachment, outlining each factor, as listed below:
· Email Requirements:
· Subject Line: Company Name, 36C25626R0019, and Project # 586-22-105
· See Proposal Submission Requirements in the table below.
| VOL |
| FACTOR |
| PROPOSAL SUBMISSION REQUIREMENTS |
| I |
| Factor 1 |
| Submission Requirement: |
1) Material to satisfy Subfactor 1a criteria outlined below.
2) Material to satisfy Subfactor 1b criteria outlined below.
| Factor 2 |
| Submission Requirement: |
1) Material to satisfy subfactor 2a criteria outlined below.
2) Exhibit C – Shall be used to satisfy subfactor 2b and should be consistent with submission criteria below.
| Factor 3 |
| Submission Requirement: |
1) Offeror Shall provide a minimum of one (1) and a maximum of five (5) projects completed within the last five (5) years similar in size, complexity, and scope to this project.
2) Exhibit A – Offeror shall provide a completed Exhibit A to satisfy evaluation criteria below or may be used for consideration of current project examples (the form must clearly annotate what it is being used for).
3) Exhibit B –This exhibit is to be completed by an end user and submitted to contracting separately from an offeror’s proposal. Exhibits received will be used for as part of the evaluation – If Exhibit B is not received by an end user, offerors will not be penalized.
4) Exhibit C – (if applicable) to be used for subcontractor past performance if the prime intends to use subcontractor past performance to support this evaluation.
| Factor 4 |
| Submission Requirement: |
1) Signed 1442 and Amendments
2) Completed Schedule of Offer Items
3) Completed Continuation of 1442 (Divisional Price Distribution Sheet)
4) Completed Exhibit D (EMR) & Exhibit E (Surety)
5) Legible Bid Bond (impressions from notary must be clearly visible)
6) Completed VAAR Clause 852.219-75
7) 52.204-90 Security Prohibitions and Exclusions Representations and Certifications
8) 52.209-7 Information Regarding Responsibility Matters (if applicable)
9) 52.209-13 Violation of Arms Control Treaties or Agreements – Certification (if applicable)
10) 52.219-1 Small Business Program Representations
11) 52.219-28 Postaward Small Business Program Representation
12) 52.225-9 Buy American – Construction Materials (NOV 2025)
Definitions:
Recent - with in past five (5) years from the date of solicitation issuance Relevant - for purposes of this evaluation, a relevant project is defined as “construction completed in a clinical, hospital or other medical related use space similar in size and scope to this project.”
E. EVALUATION FACTORS
Factor I (Approach – Quality Management Technical Factor), Factor II (Professional Qualifications & Specialized Experience Technical Factor), and Factor III (Past Performance) are equal in importance. Factors I, II, and III, when combined, are approximately equal in importance to Factor IV (Price).
The following factors are in descending order of importance:
FACTOR 1 – APPROACH – QUALITY MANAGEMENT TECHNICAL FACTOR
SUBFACTORS:
· Subfactor 1a – Management Approach Narrative
· Subfactor 1b – Quality Management
Subfactor 1a – Management Approach Narrative:
Instructions:
· Offeror shall demonstrate/explain how this project will be accomplished, based on the offeror’s best interpretation of the solicitation documents.
· Offeror shall provide techniques for maintaining on-time schedule performance and provide a detailed explanation as to how the project will be implemented and managed to ensure compliance with all OSHA Construction Standards, Fire and Life Safety Issues, and Security Measures.
Subfactor 1b –Quality Management:
Instructions:
· Offeror shall specify the roles/positions responsible for quality management & explain the authority those individual(s) have to ensure quality work is provided.
· Offeror shall provide a detailed explanation of proposed quality control techniques for compliance with the solicitation requirements.
· Offeror shall provide a narrative on how quality issues are managed and resolved for construction projects.
Evaluation Methodology: The VA will evaluate Management Approach and Quality Management to determine if the offeror understands the complexity and risk mitigation of performing all the required tasks included in this construction project. This technical factor will be evaluated for the offeror’s interpretation of the solicitation technical areas outlined in the drawings, specifications, SOW, and evaluation factor criteria. The offeror’s narratives should provide enough detail to demonstrate that the scope and complexity of the project requirements are understood and will be successfully completed.
FACTOR 2 – PROFESSIONAL QUALIFICATIONS & EXPERIENCE TECHNICAL FACTOR
SUBFACTORS:
· Subfactor 2a. Key Prime Contractor Staff
· Subfactor 2b. Subcontractors Subfactors are listed in descending order of importance
Subfactor 2a – Key Prime Contractor Staff:
Instructions:
· Provide the names of staff on an organizational chart (structured with the proposed subcontractors staff) and resumes of the offeror’s proposed project management personnel (i.e., Site Superintendent, Project Manager, Quality Control Manager, etc.). A narrative description of the individual’s management and construction capabilities, and how they will be best utilized to obtain successful project completion with the proposed subcontractors.
· Project Manager and Site Superintendent shall each have a minimum of five (5) years of experience managing or supervising multiple projects of similar size, scope, and complexity (or greater).
· Note: If the person listed as proposed Project Manager or Site Superintendent is not a current employee of the offeror but intends to become one upon award of the contract, OFFEROR SHALL SUBMIT A COPY OF A COMMITMENT LETTER FROM THAT PERSON AS A PART OF THE TECHNICAL PROPOSAL to verify offeror will be hiring him/her and he/she intends to accept the position.
Offerors are encouraged to demonstrate their experience as a prime contractor on respective resumes, likewise offerors who fail to demonstrate their experience as a prime contractor may be rated less favorably.
Advisory Note: if key personnel change, post award, that were originally evaluated during this source selection - replacement personnel qualifications and experience must meet or exceed what was originally evaluated and will need to be approved by the COR and the CO prior to work being performed.
Subfactor 2b – Subcontractors:
Instructions:
· Identify the key subcontractors and its associated socioeconomic status for the chosen project. Submit no more than five (5) Subcontractor Consent Forms (Exhibit C) for each key subcontractor. Each consent form shall have a narrative consisting of:
· Locality
· Experience with construction at medical centers
· Resumes of the subcontractors proposed staff
If an offeror intends to self-perform, then the offerors proposal must clearly annotate this intent defining which roles they intend to complete while self-performing.
Evaluation Methodology: The VA will evaluate the experience and qualifications of key personnel and subcontractors to ensure they posses the needed expertise, technical proficiency, and industry knowledge to successfully execute this project. This assessment will focus on an offeror’s ability to handle the specific type, trade, and complexity of work required; ensuring that all aspects of the project are managed/executed by skilled and competent professionals.
FACTOR 3— PAST PERFORMANCE
Projects must demonstrate an offeror’s experience as a prime contractor managing multiple subcontractors.
Project(s) shall have a minimum construction value of between $2,000,000 and $5,000,000 and be 100% completed/or ongoing (>50% complete).
The offeror’s submission should include at a minimum:
· Project Title
· Project Location (Physical Address)
· Contract Type (Example: Design-Build, Design-Bid-Build)
· Project Owner’s Name & Current Contact Information
· Brief Description of the Scope of Work (highlight recent/relevant factors)
· Identify Project Prime Contractor and Major Subcontractors
· Project Start & Completion Date
· Project Original Contract Award Amount & Final Award Amount For multiple award and indefinite delivery/indefinite quantity type contracts, the whole contract shall not be submitted as a project; rather offerors shall submit the work performed under a single task order as a project to demonstrate recent/relevancy.
If the offeror is a Joint Venture (JV), relevant past performance should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared past performance, projects shall be submitted for each Joint Venture partner. Offerors who fail to submit past performance for all Joint Venture partners may be rated lower.
Performance Relevancy Survey (Exhibit A):
Instructions:
· The offeror shall demonstrate completed/or ongoing (>50% complete) recent and relevant projects at a hospital/ medical center (Federal or other than Federal) project of this same size, scope, and complexity (or greater).
· Note: Clearly identify those examples where an offeror’s proposed subcontractor was the prime (or the subcontractor) on the project examples if utilizing Subcontractor Construction Project Capability.
Past Performance Questionnaire (PPQ-Exhibit B):
Instructions:
· Offerors shall prepare and forward to prior client(s) for submission to the Contracting Office EXHIBIT B PAST AND PRESENT PERFORMANCE QUESTIONNAIRE for all the projects listed by Offeror and submitted using EXHIBIT A PERFORMANCE RELEVANCY SURVEY.
· Exhibit B includes correspondence explaining the requirement to obtain an independent evaluation of prior contract performance and the Past and Present Performance Questionnaire for use in evaluating Past Performance.
· PPQ may have been completed be no later than one (1) year prior to the effective date of this action
· If an offerors Exhibit B is not received by the Contracting Officer, offerors will not be penalized.
An offeror with limited or no past performance may receive a rating based on the evaluation of its subcontractors and/or key personnel, provided an EXHIBIT C SUBCONTRACTOR INFORMATION AND CONSENT FORM has been executed and included in the proposal for proposed subcontractors and/or potential key personnel not employed by the offeror. These ratings shall have the same weight as the ratings of the offeror. Offerors without a record of relevant past performance will be assigned a neutral rating in accordance with FAR 15.305(a)(2)(iv). However, the proposal of an offeror with no relevant Past Performance history, while rated “Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposal of other offerors.
Evaluation Methodology: Past performance will be evaluated based on the projects provided by the offeror, and performance information from government databases. Focus will be on recent and relevant construction contracts that are comparable in size, scope, and complexity. The Intent of this evaluation is to evaluate the demonstrated ability to successfully complete comparable requirements, ensuring they have the experience and capability to deliver quality results on time, within budget, and incompliance with project specifications.
FACTOR 4— PRICE PROPOSAL REQUIREMENTS:
Evaluation Methodology: The purpose of the price evaluation is to provide an assessment of the completeness and reasonableness of the proposed price in relation to the solicitation requirements. Price proposals will be evaluated to determine if the prices and support costs areas are:
· Complete – The proposal contains costs to perform all tasks required by the Scope of Work (SOW), specifications, and design drawings if provided.
· Reasonable – The price is determined fair and reasonable using cost or price analysis techniques described in FAR 15.404.
In accordance with FAR 15.101-1(b)(2), the solicitation shall state that all evaluation factors other than price, when combined, are approximately equal in importance to price.
Prices that are too high, too low, or otherwise found to be unreasonable in comparison to the Independent Government Cost Estimate (IGCE) and to historical prices may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal not being included into the competitive range if one is established. Each proposal will be evaluated to determine whether or not it complies with the stated criteria. Those proposals evaluated as not satisfying all the price/cost criteria, for example, may be eliminated from consideration for award unless the SSA determines:
· A minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process.
A competitive range will be established if discussions are necessary as determined by the SSA. Should the SSA determine that discussions are necessary, they will be held with only those offerors determined to be in the competitive range. Any proposal that does not have a reasonable chance of receiving award may be accordingly eliminated from competition and further evaluation.
After the non-price factors have been evaluated and rankings have been established, price will be compared against these rankings to determine the combination most advantageous to the Government. The evaluation of price will be based on each offeror’s price proposed.
Responsibility determination will be made IAW FAR 9.1, Responsible Prospective Contractors prior to award of contract.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of Provision)
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) (a)(1) The offeror must notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror must request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror must request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)
2.4 52.228-1 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)
2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Hand-Carried Address:
Department of Veterans Affairs Veterans Healthcare System of the Ozarks Purchasing & Contracting (90C) 1100 N. College Avenue Fayetteville AR 72703 Mailing Address:
Department of Veterans Affairs Veterans Healthcare System of the Ozarks Purchasing & Contracting (90C) 1100 N. College Avenue Fayetteville AR 72703
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
2.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.
Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
Marginalized populations of Sudan means—
(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) Procedures.
(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
(2) FASCSA Orders.
(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.
(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective…
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