36C25626R0020.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C25626R0020 X 02-18-2026

TBD

502-26-1-5824-0001 502-23-392 36C256 Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi

MS

39531-2410 Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi

MS

39531-2410 Tammy Tynes Tammy.Tynes@va.gov 228-523-5618 This procurement is a total Service Disabled Veteran Owned Small Business (SDVOSB) set-aside under Public Law 109-461.

Offerors must be registered and certified as a SDVOSB in the SBA Veteran Small Business Certification site at https://veterans.certify.sba.gov. Proposals received from contractors who are not certified as a SDVOSB at the SBA site shall not be considered for evaluation and award. This includes Joint Ventures. Joint Venture Agreements must be submitted with proposal to be considered. Contract award shall not be delayed due to loss of SDVOSB certification.

Verification showing seal shall be included with proposal (pricing volume).

SITE VISIT: AN ORGANIZED SITE VISIT WILL BE HELD AT THE DATE/TIME/LOCATION SHOWN IN FAR 52.236-27 SITE VISIT (CONSTRUCTION) ALTERNATE I. THIS WILL BE THE ONLY SITE VISIT CONDUCTED FOR THIS PROCUREMENT.

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.

SEE BLOCK 13A FOR SOLICITATION CLOSING DATE. NAICS CODE: 236220 SIZE STANDARD: $45M

PER FAR 36.204 THE ESTIMATED MAGNITUDE OF THIS PROJECT IS BETWEEN $100,000.00 and $250,000.00.

IN NEGOTIATED SOLICITATIONS “BID” AND “BIDDER” MEAN “OFFER”AND “OFFEROR” This project is not tax exempt.

GEOGRAPHICAL AREA WHERE WORK IS TO BE PERFORMED: Pineville (71360-4044), Louisiana

Base Offer Item: furnish all labor, tools, materials, equipment and supervision necessary to perform all work associated with Project #502-23-392- Replace Roof on Emergency Generator Bldg. 39, located at the Alexandria VA Health Care System at 2495 Shreveport Highway in Pineville, LA 71360-4044.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

x 52.211-10 X One (1) Email

4:00PM

CST

03-20-2026 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Please see Schedule of Offer Items & Continuation of SF 1442 (Divisions) located in Sections A.3 and A.4 36C256 Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi

MS

39531 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 Jennings (JB) Herbst

VA-VHA-RPOC-2023-0125

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Project #502-23-392 Replace Roof on Emergency Generator Bldg. 39

A.4 Continuation of SF 1442 Block # 17

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.

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD & PROFIT:

BOND:

PROJECT TOTAL COST:

A.5 GENERAL PROPOSAL INFORMATION

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.

1. 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 C. 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 C AND EXHIBIT D (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): RFIs are due, utilizing Exhibit E, 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. RFIs should be submitted by email to the Contract Specialist, Tammy Tynes at Tammy.Tynes@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, 36C25626R0020 and Project #502-23-392.

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: Pursuant to FAR 36.204 the magnitude of construction is between $100,000.00 and $250,000.00.

1. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 236220 Commercial and Institutional Building Construction. 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 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.

10. Holidays: The following federal holidays are observed:

Christmas Day Juneteenth National 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 and Evaluation Information

This part describes the precise mechanism for evaluating and selecting offers for this procurement for:

Project # 502-23-392 Replace Roof on Emergency Generator Bldg. 39

A. COMPLIANCE REVIEW

The Contract Specialist and/or SSA will undertake the following steps:

1. Review Proposals: Verify each proposal's adherence to proposal instructions.

2. 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)

3. SDVOSB Verification: Confirm that each Service-Disabled Veteran-Owned Small Business (SDVOSB) is verified in SAM.gov and the SBA Dynamic Small Business Search VetCert database.

4. 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 AND EVALUATION INFORMATION". 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: Ensure 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):

1. 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.

2. Establish Competitive Range:

· The Contracting Officer will establish a competitive range of the most highly rated proposals.

3. Negotiations and Final Proposal Revisions:

· Enter into negotiations with offerors within the competitive range.

· Allow for Final Proposal Revisions as specified.

4. 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 no smaller than Arial 11. Page limits are for single sheets of paper and may be double-sided. Title pages/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.

Submission Requirement:

1) Exhibit B – Shall be used to satisfy Factor #1 and should be consistent with submission criteria below.

2) Exhibit A – Shall be used to satisfy Factor #2 and should be consistent with submission criteria below.

1) Signed 1442 and Amendments

2) Completed Schedule of Offer Items

3) Completed Continuation of 1442 (Divisional price distribution sheet)

4) Completed Exhibit C (EMR) & D (Surety)

5) Completed VAAR Clause 852.219-75

6) 52.204-8 Annual Representations and Certifications

7) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

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) 52.219-28 Post-Award Small Business Program Representation

11) 52.225-9 Buy American—Construction Materials

E. Evaluation Factors Evaluations: Factor I (Professional Qualifications & Specialized Experience Technical Factor) and Factor II (Prime Contractor Past Performance) are of equal importance. When Factor I and Factor II are combined, they are significantly less important than Factor III (Price).

The following factors are in descending order of importance.

FACTOR 1— Professional Qualifications & Specialized Experience (Key Subcontractors) Technical Factor

Subcontractors: Identify the key subcontractors and its associated socioeconomic status for the chosen for the project. Submit no more than five (5) Subcontractor Consent Forms (Exhibit B) for each Key Subcontractor. Each consent form shall have a narrative consisting of the locality, experience with construction at medical centers, and resumes of the proposed staff of the subcontractor.

Evaluation Methodology: The VA will evaluate the experience and qualifications of key personnel and subcontractors to ensure they possess 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 2— Prime Contractor Past Performance:

***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.” ***

Factor 2 Previous Recent/Relevant construction experience with VA Construction Contracts completed at VA Medical Centers.

· List of Contract Names (and Brief Description) & Contract Numbers – no more than five (5) examples

· Date of Contract Awards

· Contract Dollar Amounts & Date Completed

· Contract Completed in Delinquent Status: Yes or No

The Government may evaluate Past Performance information through the use of Exhibit A completed by the offeror. The Government may evaluate Subcontractor Performance information through the use of Exhibit B completed by the offeror; use data independently obtained from other Government or commercial sources, including, but not limited to, Government databases; and/or rely upon professional business experience with the offeror. The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition.

Past Performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references and contact parties other than those identified by the offeror and information received may be used in the evaluation of the offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete Past Performance information rests with the offeror. The Government reserves the right to obtain and evaluate Past Performance information from any source it deems appropriate.

In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, an offeror may be given the opportunity to clarify certain aspects of their proposal (i.e. the relevance of an offeror's past performance information) as related to this acquisition, address adverse past performance information to which the offeror has not previously had an opportunity to respond or to resolve minor clerical errors.

Performance Currency, Trends, and Relevancy: The Government will consider the currency, trends and relevancy of the performance information while conducting its performance evaluation. For the purpose of this solicitation, performance currency is performance occurring within the last five (5) years from the proposal issuance date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period. For example, performance information for work occurring during March 2020 may have greater importance than performance information for work occurring during March 2017. Performance Trends may, depending upon the circumstances, have greater significance than sporadic incidents of "Exceptional" or "Unsatisfactory" performance. For the purpose of this solicitation, Performance Relevancy is defined as contracts (ongoing or completed) which are similar in scope, magnitude, and complexity to the current requirement. Higher relevancy will be assessed for contracts that are similar to the effort, or portion of effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score for the offeror. Based on the evaluation of offers, the Government will assign a performance confidence rating for each proposal at the factor level. The evaluation will consider the sub-factors as described herein. Following assignment of the performance confidence rating for each proposal, each offeror will receive a final risk rating for performance based on the cumulative rating of performance currency, trends, and relevancy.

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 3 – Price:

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.

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) ALTERNATE I (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 shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

(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 construction material not listed by the Government in this 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 $3M, 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 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST. (SEP 2006) (DEVIATION NOV 2025)

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

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

(End of provision)

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— 03-02-2026 at 9:45AM

(c) Participants will meet at— Building 5 (End of Provision)

2.8 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision)

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 http://www.va.gov/oal/library/vaar/index.asp

(End of Provision)

2.10 52.252-5 AUTHORIZED DEVIATIONS…