36C26026R0022_1.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.

36C26026R0022 X

TBD

663A4-24-201 36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661 Kaycee Benson 919-286-0411, 179971 Construction NRM Project 663A4-24-201 - Refurbish Elevators Bldg 61 Cars 1-3 Located at the VA Puget Sound Medical Center, American Lake Campus, Tacoma, WA

Contractor to provide all necessary labor, materials, supplies, services, and equipment to complete all work in accordance with the Statement of Work and attached specifications and drawings.

This procurement is 100% Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside and registered as such with the Small Business Administration.

Site Visit will occur on Tuesday, February 1 , 2026 at 9 AM PST. Questions must be submitted by February th at 10:00 AM PST to To Kaycee.Benson@va.gov. Any questions answered by other than an RFP amendment providing question and answer to all interested parties has no bearing on this RFP.

The NAICS Code for this procurement is 238290 Other Building Equipment Contractors.

The Small Business size standard for NAICS code 238290 is $22 Million.

Any and all FAR and VAAR clauses listed on supporting documents, e.g. specifications, are strictly for reference only and do not supersede, replace, or enhance those clauses and provisions, in full or reference, included in the solicitation or contract. FAR and VAAR clauses or provisions found in the solicitation or contract prevail.

"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. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM."

THE CONTRACTOR MUST FURNISH ALL REQUIRED INSURANCE COVERAGE DOCUMENTATION WITHIN TEN (10) CALENDAR DAYS OF NOTICE OF

AWARD.

X X X

12:00 PM

PST

03-0 -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

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 Ty Draszt

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The Contractor will provide all labor, material, and equipment to perform the modernization of three (3) elevators and their associated machine rooms at BLDG 61.

PRINCIPAL NAICS CODE: 238290 – Other Building Equipment Contractors PRODUCT/SERVICE CODE: Y1PZ – Construction of Oher Non-Building Facilities

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INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 INSTRUCTIONS TO OFFERORS

This acquisition will use best value tradeoff source selection procedures in accordance with FAR Part 15, based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government with appropriate consideration given to the non-price and price factors. This acquisition is a 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns.

The exclusive responsibility for Source Selection will reside with the Government. Proprietary information submitted in response to this solicitation shall be clearly marked as such and will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C. 423)

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(Hereinafter referred to as "the Act") as implemented in the FAR. Any unmarked proprietary information will be considered releasable under the restrictions of the Freedom of Information Act.

For submission requirements designated as “shall” or “must,” failure to provide the requested information may be considered a deficiency. For submission requirements designated as “should,” failure to provide the requested information may result in a lower rating for the specified factor.

FORMAL COMMUNICATIONS

The following Points of Contact (POC) are provided for this acquisition. Address any questions or concerns you may have to both listed POCs via email with the subject line Project 663A4-24-201 – 36C26026R0022 – Refurbish Elevators Bldg 61, no later than February 20, 2026, 10:00 AM (PST). The government is not obligated to answer any questions submitted after this date. Furthermore, all questions shall be submitted by the prime contractor(s) on behalf of their subcontractor(s) and supplier(s). Questions submitted by subcontractors and/or suppliers directly to the POCs above, or if applicable, the AE of Record, will be rejected and not answered.

Clarifications and answers will be provided only in response to written requests for clarification and will be made available to all Offerors simultaneously by Amendment to this solicitation. Written requests for clarification should be emailed to the addresses indicated below. The government assumes no responsibility for non-delivery due to problems with email servers, and no extensions will be granted for these issues.

Kaycee Benson Contract Specialist Contractor, Stafford Consulting Company Kaycee.Benson@va.gov Ty Draszt Contracting Officer Ty.Draszt@va.gov

PRE-BID SITE VISIT

A formal site visit has been scheduled for this project. This will be the only opportunity for potential Offerors to visit the site. All potential Offerors, subcontractors, and suppliers are strongly encouraged to attend this site visit.

Site Visit Information Date: Tuesday, February 17, 2026 Time: 9:00 am PST Location: Puget Sound VA Medical Center American Lake Campus

GENERAL SUBMISSION REQUIREMENTS

Proposals must be submitted electronically via e-mail to the POCs noted in the Formal Communications paragraph above no later than March 9, 2025, at 12:00 PM (PST). Submissions exceeding file 10MB shall be broken into multiple e-mails or coordinated with the POCs to assure successful file sharing. No hard copies of proposals will be accepted (hand delivered or traditional mail). The government reserves the right to request hard copies in binder format in the event of a formal protest.

Proposals shall not contain classified data. The use of hyperlinks in proposals are prohibited. The government will not be responsible for proposals delivered to any location or to anyone other than the Contracting Office. Offerors are responsible for ensuring that proposals are submitted so as to reach the Contracting Office by the date and time stated in this solicitation.

Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal at the time of proposal submission may result in an unacceptable proposal that the Government eliminates from consideration for award. The Government will not accept any changes to Offerors' proposals after the closing date of this solicitation (see FAR 15.208 for further information regarding late proposals).

Offerors are cautioned that “parroting” of the requirements of the Plans and Specifications with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of their proposal. Proprietary information should be clearly marked.

The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an Offeror for any costs.

Disposition of Unsuccessful Proposals: in compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals.

PACKAGE CONTENTS

(a) Standard Form (SF) 1442 Solicitation, Offer, and Award:

The Offeror must complete and sign the “OFFER” section of the SF 1442. Please include your company’s Unique Entity Identifier associated with SAM.gov in block 14.

(b) Acknowledgement of All Amendments:

The Offeror must acknowledge and agree to all amendments by either 1.) completing block 19 of the SF 1442, or 2.) returning the signed amendment form(s) with the submission.

(c) Bid Guarantee:

The Offeror must furnish a bid guarantee (see FAR 52.228-1). The bid guarantee must be provided on Standard Form 24.

(d) Representations & Certifications:

As the provision at FAR 52.204-7 is included in the solicitation, FAR 52.204-8(d) applies and the fill-in for FAR 52.204-8(b)(2) does not need to be completed. The Offeror is required to complete the annual representations and certifications electronically at https://sam.gov/.

(e) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment:

The Offeror must provide their response to FAR 52.204-24(d) Representation, unless the requirements in the first paragraph of this provision have been met.

(f) Information Regarding Responsibility Matters:

The Offeror must provide their response to FAR 52.209-7(b).

(g) Violation of Arms Control Treaties or Agreements:

The Offeror must provide their response to FAR 52.209-13(b) Certification.

(h) Post-Award Small Business Program Representation:

The Offeror must provide their response to FAR 52.219-28(h), if applicable.

(i) Limitations on Subcontracting:

The Offeror must complete and sign the VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction required in VAAR 852.219-75 and return it with their bid submission. A copy of the clause to be completed and included with the bid is attached as a separate document (Attachment 7 - Limitations on Subcontracting - Construction). The completed and signed form will become part of the official award documentation.

(j) Notice to SDVOSB Joint Venture/Mentor Protegee:

Any Offeror submitting a bid 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, may deem the offer non-responsive.

(k) Contractor Rules of Behavior:

Offers must complete the Contractor Rules of Behavior as required by VA Handbook 6500.6. offers must initial and date each page and can be found at Attachment 8 of the solicitation.

(l) Division Price Schedule Offer shall complete the price schedule division breakout found at Attachment 10 of the solicitation.

FORMATTING REQUIREMENTS

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Proposal submission should be in PDF format compatible with the latest version of Adobe Acrobat.

Offerors’ proposals should consist of two (2) volumes (see content requirements below). Please title files in the following format:

· Solicitation Number Company Name Volume 1 Technical and Past Performance Proposal

· Solicitation Number Company Name Volume 2 Price Proposal Each paragraph should be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or Times New Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape oriented. Files should use the following page setup parameters: Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11.”.

If discussions are required, pages that are revised (due to discussions or proposal revisions) should be a different color and have revised information clearly marked by a vertical line in the right margin of the page. The revised pages should be dated.

The submission should be clearly indexed and logically assembled. Each volume should be clearly identified and should begin at the top of a page. All pages of each volume should be numbered consecutively and identified by the complete company name, date, and solicitation number in the header and/or footer. A Table of Contents should be included.

PAGE LIMITS

Description Page Limit

All pages with written content, including cover letters, Table of Contents pages, tables, illustrations, and appendices will be counted in the page calculation. Pages that exceed the page limitations will be removed, not read, and not evaluated.

VOLUME 1 – TECHNICAL AND PAST PERFORMANCE PROPOSAL

Factor 1: Technical Approach Offerors shall submit a narrative discussion that describes Offerors’ approaches to the work. The narrative should:

· Describe an overall approach to the work that demonstrates the Offeror’s understanding of the work, including creativity and thoroughness shown in understanding the objectives of the SOW, specific tasks, risks and risk mitigation measures, and planned execution of the project.

· Provide an organizational diagram showing clear, logical lines of authority from the Project Manager to Subcontracting Management, including Superintendence, Safety, and Quality Control.

· Describe teaming arrangements, including overall structure and management of the project team; identify roles, responsibilities, and contractual relationships between the various firms. Note: Any substitutions of Key Personnel from those identified in the proposal must be approved by the VA and must have equivalent or more experience.

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· Describe how the Offeror will ensure quality consistently across the team.

Factor 2: Key Personnel Qualifications Offerors shall identify and provide résumés for Key Personnel who will perform the work of this project and their assigned roles. Key Personnel will include: the Project Manager (PM), Site Superintendent (SS), Quality Control Manager (QC), and Site Safety and Health Officer (SSHO). Some roles may be dual-hatted; however, the PM and the SS may not be the same individual and QC or SSHO may not also be the PM or SS. The resume shall be no more than five (5) pages. The resume shall include the following information, at a minimum:

· Name, job title, and entity employing the individual,

· Time in position and history of employment in position,

· Demonstration of experience, education, and certifications, addressed in Section M of this solicitation,

· Percentage of time dedicated to this project,

· Two (2) professional references with phone number(s) and email address(es).

The Key Personnel proposed for this factor will be binding to the Offeror selected for award. Any changes to Key Personnel after contract award must be approved in writing by the Contracting Officer.

Factor 3: Capacity Demonstrate the available capacity of key disciplines by providing breakdown of current project load versus available capacity.

Factor 4: Past Performance Offerors shall submit a minimum of two (2) and a maximum of five (5) projects completed (or if not completed at least 75% complete) within the past seven (7) years, as of the issue date of this solicitation, that best demonstrate its team’s experience on recent and relevant projects that are similar in scope, complexity, size, and price to the work required under this solicitation. Note: if more than five (5) projects are submitted, only the first five (5) projects will be evaluated.

At least two (2) projects shall be provided for the Prime (the entity signing the SF1442). If the Offeror is a Joint Venture (JV), recent and relevant project experience shall be submitted for projects completed by the JV entity. If the JV does not have experience, such projects shall be submitted for each JV partner.

To be considered relevant, submitted projects must be similar in scope, complexity, size, and price, as defined in Section M. To be considered recent, submitted projects must be completed (or if not completed at least 75% complete) within the past seven (7) years, as of the issue date of this solicitation. A project is defined as work performed under a single task order or contract.

For each project, Offerors should submit past performance information as follows:

· A narrative of the project that clearly describes the scope of work performed, and the relevancy to, the project requirements of this solicitation (i.e., unique features, area, construction methods, location, customer, etc.). The role of the Offeror or team member on the past project must be clear and related to that entity's roll under this requirement.

· For Federal Government projects with a CPARS Evaluation: provide the contract number, contract place of performance, and DUNS number. In the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Task or Delivery Order Numbers.

OR

· For non-Federal Government projects, commercial projects, and Federal Government projects without a CPARS Evaluation: provide a PPQ (see solicitation Attachment 9). The Offeror should complete Blocks 1-4 of the PPQ and send it to the non-Federal project client or commercial project client. The client should complete Blocks 5-8 along with the two-page questionnaire.

· If the Offeror is unable to obtain a completed PPQ from a client for a project before the proposal closing date, the Offeror should complete and submit, with the proposal, the first page of the PPQ, which will provide contract and client information. The Government may make reasonable attempts to contact the client noted for that project to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires.

· Alternatively, Offerors may submit a copy of the client’s signed PPQ for a completed contract or task order. In cases where the validity of the completed PPQ is questioned, the government may contact the reference(s) for verification or additional information. Veterans Affairs does not intend to create or maintain a database of PPQs submitted by Offerors. Therefore, it will be Offerors’ responsibilities to ensure their submission of PPQs in their proposals are relevant to the solicitation. Alternatively, Offerors may obtain an updated/new PPQ from its client(s) for submission as provided above.

· The Government may use data provided by Offerors in their proposals, and data obtained from other sources, including data in government files. The Government reserves the right to obtain past performance information from any source available and has the right to contact customers other than those listed by the Offeror to evaluate past performance. The Government reserves the right to verify statements the Offeror makes regarding its past performance to determine whether they are substantiated.

VOLUME 2

Factor 5: Price Offerors should provide a table of contents and should number all pages consecutively. Volume 2 should be submitted in a separate file from Volume 1. The price proposal should be broken down into sections as defined below.

Section 1: The name(s) and title(s) of the person(s) authorized to negotiate and sign a contract. Also, provide a Certificate of Corporate Authority or other applicable documentation of authorized signature(s) for each authorized individual.

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Section 2: The Offer (the SF1442) duly executed with an original signature by an official authorized to bind the company.

Section 3: Acknowledgement of all amendments to the solicitation in accordance with the instructions on the Standard Form 30 (Amendment form).

Section 4: The completed section of the solicitation (i.e., Representations, Certifications, and Other Statements of Offerors). All cost and pricing data supplied by Offerors will represent data other than certified cost or pricing data as defined by FAR 2.101. Representations, Certifications, and Other Statements may also be accomplished via sam.gov, but must be complete and up to date prior to the proposal deadline.

Section 5: Each Offeror is required to complete the cost/price schedule (page 5 of this solicitation) and fully complete the Division Price Schedule (Attachment 10). The base proposal shall include all work identified in the SOW, specifications, and drawings.

Section 6: Each Offeror is required to provide a bid/bond per FAR 52.228-1.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION NOV 2025)

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 (MAY 2014) (DEVIATION NOV 2025) (a)(1) The offeror shall 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 2,000,000, 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), shall 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 shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (DEVIATION NOV 2025)

(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)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

2.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

2.11 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (DEVIATION NOV 2025)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having…