36C26026R0046 RFP.docx

36C26026R0046

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.

36C26026R0046

X 02-13-2026

531-22-103 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 Melissa Howard melissa.howard2@va.gov Project 531-22-108 Add Parking on Parade Grounds Project Location: Boise VA Medical Center, 500 W Fort St, Boise, ID 83702

The successful contractor shall provide Construction Services for all supervision, labor, equipment and materials to install a new parking lot on the parade grounds of and for the US Department of Veterans Affairs (VA) Veterans Health Administration’s (VHA) Boise VA Medical Center (BVAMC) located at 500 West Fort Street, Boise, ID 83702; as set forth in the Scope of Work (SOW) and Specifications; as shown in the Drawings; and as further specified in this Solicitation;

all of which are for BVAMC Project No. 531-22-103, titled Add Parking on Parade Grounds (collectively referred to as the "Work").

The Work includes, but is not limited to, site grading, paving, landscaping, and storm drainage infrastructure.

The magnitude of this project is between $500,000 and $1,000,000

The NAICS code for this procurement is 237310 and the size standard is $45 million.

This project is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB).

SITE VISIT: A formal site visit will be held on 2/18/2026 at 8:00am MST at Boise VAMC, meet inside Building 50 Conf Rm.

QUESTIONS: Requests for Information (RFI) must be submitted by email to melissa.howard2@va.gov and stephen.slaby@va.gov by 12:00PM MST on 2/25/2026. RFI(s) submitted after this date will not be considered unless substantially relevant, as determined by the Contracting Officer (CO): Stephen Slaby, Stephen.slaby@va.gov; Alt POC: melissa.howard2@va.gov

PROPOSAL DUE DATE: Proposals must be submitted by email to melissa.howard2@va.gov and stephen.slaby@va.gov by 12:00pm MST on 3/16/2026. Proposals submitted by any other means will not be accepted.

NOTE: This requirement is utilizing the FAR Overhaul. Any and all FAR or VAAR clauses listed in supporting documentation (e.g., specifications) are strictly for reference only and do not supersede, replace, or enhance those clauses or provisions included in the solicitation or contract in full text or by reference. FAR and VAAR clauses or provisions found in the solicitation or contract prevail. The current Davis-Bacon Act Wage Determination for Ada County, Boise, Idaho – “Building” applies at all times to this requirement and is available on SAM.gov. A courtesy copy is included in this solicitation. Any subsequent updates by the Department of Labor supersedes the included courtesy copy, effective the date published in/at SAM.gov.The most recent version at time of contract award will be applied to the contract.applied to the contract.

X X

52.211-10 X

12:00 PM

MST

03-16-2026 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

All Items (Lump Sum)______________________

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

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

531-22-103 Add Parking on Parade Grounds Contract Period: Base POP Begin: Issuance of Notice To Proceed (NTP) POP End: 182 Calendar Days after NTP PRINCIPAL NAICS CODE: 237310 – Highway, Street, and Bridge Construction PRODUCT/SERVICE CODE: Y1LZ – Construction of Parking Facilities

GRAND TOTAL

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

The following items are required to be submitted with the proposal for the proposal to be determined acceptable. It is the responsibility of each offeror to ensure that its proposal reaches the designated point of submission in a timely manner. Proposals received that do not provide all requirements of the solicitation may be deemed unacceptable and removed from further consideration at the discretion of the Government.

1. SF1442, completed and signed. Note: Contractor’s signature shall be in accordance with FAR Part 4.207 (e.g., proper signature and format of person who is able to bind an individual, partnership, corporation, etc.).

2. Amendment(s). All solicitation amendments must be acknowledged in accordance FAR Clause 52.215-1(b). Acknowledgement of Amendments: In the event amendment(s) are issued, amendments shall be acknowledged by the offeror in one of the three ways listed on the amendment.

3. A Bid Guarantee, SF 24, is required. The amount shall be adequate to protect the Government from loss should the successful bidder fail to execute further contractual documents and bonds as required. The bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3 million. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, may require rejection of the bid in all cases except those listed in FAR 28.101-4. The SF 24 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

Note: The bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum of 100 percent of the original contract price. The SFs 25 and 25A may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

4. Complete Technical Proposal Volume 1. A complete volume 1 technical proposal needs to be submitted per the submission requirements.

- Factor 1 Technical. Offeror shall submit all requested information for Technical.

- Factor 2 Past Performance. CPARS printouts or Past Performance Reference Form, (Exhibit A) for all projects listed under factor 1 Technical. Other past performance information may also be provided.

5. Complete Price Proposal Volume 2 A complete volume 2 price proposal shall be submitted per the submission requirements.

- Offerors shall submit a completed and signed SF 1442.

- Offerors are recommended to submit other pricing information that assists the Government in evaluation.

- Provide a completed VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022).

6. Completed Representations and Certifications. Provisions or clauses incorporated by full text and/or reference in this solicitation requiring completion by the offeror must be completed and submitted with the offer.

1. OVERVIEW

1.1 Intent: The intent of this solicitation (please note that the words solicitation and request for proposal (RFP) may be used synonymously throughout the solicitation documents) is to select one contractor to provide professional construction services for Project Number 531-22-103, Add Parking on Parade Grounds, in accordance with the attached documents. The period of performance is 182 calendar days from issuance of the Notice to Proceed.

1.2 Method of Award: The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. A firm fixed price award will be made to the responsible offeror whose offer/proposal is determined to be the best value to the Government based on all factors outlined in this Solicitation (36C26026R0046). The Government reserves the right to accept other than the lowest priced offer or to reject all offers. Setting aside for Service Disabled Veteran Owned Small Business (SDVOSB) firms that comply with regulations to meet our goals will fulfill the VA’s mission to meet socioeconomic goals.

1.3 Discussions: Government intends to make award to a responsible offeror without discussions; however, the Government reserves the right to conduct discussions with one or more Offeror(s) if deemed to be in the best interest of the Government. Therefore, prospective Offerors are strongly encouraged to make their best initial offer.

1.4 Unacceptable Proposal: Offerors must comply with all detailed instructions in this Solicitation for format and data content of the proposal. Proposals that do not comply with the detailed instructions for the format and data content of the proposal may be considered unacceptable and may render the Offeror ineligible for award.

2. INSTRUCTIONS FOR PROPOSAL PREPARATION AND SUBMISSION

These instructions prescribe the format and other essential information for preparation/ development and presentation of proposal data to ensure the submission of necessary information for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete.

Proposal shall be submitted in two (2) separate Volumes: Volume I – Technical Proposal and Volume II – Price/Cost Proposal with strict adherence to the format, data, and other requirements of this Solicitation.

Offerors shall complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.207. One copy of the SF 1442 is required to have an original signature. Valid electronic signatures are acceptable.

Written proposals shall be prepared on standard 8.5 x 11-inch paper (charts may be landscaped but must be on 8.5 x 11-inch paper), text lines shall be single-spaced, and shall have a font size no smaller than Microsoft Word Times New Roman 11-point font. All pages of each proposal shall be appropriately numbered. For ease of reviews, consecutive page numbering is required.

Offerors responding to this Solicitation with a proposal/offer to provide the Work set forth in the Solicitation documents should limit submissions to data essential for evaluation of proposals, so that a minimum of time and monies will have been expended in preparing information required herein. However, failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP may be considered unacceptable.

Offerors are reminded of their responsibility to submit a proposal that is orderly and sufficiently documented that will enable the Government to easily understand and perform a thorough and fair evaluation. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged. In order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly address all of the evaluation criteria factors described in the Solicitation.

**ALL PROPOSALS MUST BE SUBMITTED ELECTRONICALLY; NO HARD COPY OR FACSIMILE PROPOSALS WILL BE ACCEPTED**

3. PROPOSAL EVALUATION

A firm fixed price award will be made to the highest technically rated qualified construction contractor at a fair and reasonable price whose offer conforms to the solicitation, and which results in the best value to the Government, all factors considered.

To arrive at a Best Value decision, the Source Selection Authority, using the SSEB documentation will integrate the evaluation of Technical Expertise (Technical), Past Performance, and Price.

Technical is significantly more important than Past Performance and, when combined, they are significantly more important than cost/price.

3.1.1 VOLUME I - Factor 1, Technical. Technical will be evaluated using the following criteria:

The Government will evaluate the prime contractor offeror’s experience required for this project with relation to storm drain installation and paving projects that are at a minimum similar in complexity and comparable size to the requirements of this project. Submit two (2) projects that best demonstrate both storm drain installation and grading/paving requirements; and descriptions of those projects that best demonstrates your expertise on projects that are similar in scope, magnitude, and complexity in a similar climate/environment to the RFP. The Government will evaluate the offeror’s experience on projects related to their expertise on projects similar in scope, magnitude, and complexity.

Projects submitted shall be completed within the past five (5) years of the date of issuance of this RFP. A project is defined as either construction under a single task order or individual construction contract. Higher ratings will be given to offerors showing demonstrated prime contractor successful experience on projects that include both storm drain installation and grading/paving requirements.

3.1.2 VOLUME I - Factor 2, Past Performance

Past performance is one indicator of an offeror’s ability to perform the contract successfully. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered.

The list of projects provided under Factor 1, Technical, will have past performance reviewed. Offeror shall provide past performance by using one or more of the following manners:

- Provide a printout of the final CPARS for the project.

- Complete in entirety the attached form titled “Past Performance Reference Form” to provide past performance reference information for all projects listed under Factor 1. Incomplete forms may result in the Past Performance Reference Form not being considered for evaluation.

While evaluating past performance, the Government evaluation team will not be limited to reviewing the past performance information provided in this proposal and reserves the right to review other available past performance information to assess past performance.

Please note, technical evaluators and the Contracting Officer can use their personal knowledge of the contractor’s prior VA contracts to assist with past performance evaluations.

If an offeror does not have any past performance, a neutral rating will be given for this evaluation factor.

Past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. It considers each offeror’s demonstrated recent and relevant record of performance in supplying products and services that met the contract requirements. One performance confidence assessment rating is assigned for each offeror after evaluating the offeror's recent past performance, focusing on performance that is relevant to the contract requirements. (See FAR 15.202). There are two aspects to the past performance evaluation. Relevancy of contractual work performed; and how well the contractual work was performed as a confidence assessment.

Relevancy Rating: The offeror’s past performance will be evaluated to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. To be considered relevant, the work performed must be completed within the last 5-years. Relevancy rating will assess past performance effort involving similar scope and magnitude of effort and complexities that this solicitation requires.

Performance Confidence Rating. The offeror’s past performance evaluation will evaluate contractors to determine how well the contractor performed on the past performance contracts and the expectation that the offeror will be able to successfully perform the required effort for this project by rating a performance confidence assessment.

3.2 VOLUME II – Factor 3, Price Proposal: Price is not the only factor for this requirement. Price will be evaluated on the basis of its fair and reasonableness to the Government. “Best Value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement. A firm fixed price award will be made to a qualified construction contractor at a fair and reasonable price whose offer conforms to the solicitation, and which results in the best value to the Government, all factors considered.

3.2.1 Offerors may be requested during the evaluation process to provide sufficient price information that will enable the Government to perform an accurate evaluation.

3.2.2 The Government will evaluate the total price. The intent is to award CLIN 0001, Item I (Project 531-22-103 Add Parking on Parade Grounds)

3.2.3 Prices will be evaluated for reasonableness utilizing one or more of the price analysis techniques set forth in FAR 15.404-1(b) and the following criteria:

· Total Price: The total evaluated price will be the sum of all Contract Line-Items.

· Reasonableness: A price is reasonable if, in its nature or amount, it does not exceed what would be incurred by an ordinarily prudent person in the conduct of normal competitive business.

3.2.4 Prompt payment discounts will not be considered in the evaluation of offers.

3.2.5 If no Offerors are within the available funding limitation, the VA reserves the right to enter into discussions with those Offerors who are determined to be within the competitive range, if a competitive range is determined in the interest of the VA, otherwise discussions will be with all Offerors.

3.2.6 If following the initial Non-Price and Price evaluations and/or receipt of Final Proposal Revisions, an offeror’s total evaluated price still exceeds the VA's funding limitation, the VA will no longer consider the offeror to be eligible for award.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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

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

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Mailing Address:

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

(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)

2.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (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)

2.6 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)

2.7 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)

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 primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) (DEVIATION NOV 2025)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state.