36C26026R0076 SF-1442.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.

1 of

36C26026R0076

X 04-29-2026

653-23-100 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 Kelly Updegraff kelly.updegraff@va.gov Project 653-23-100, Remove and Replace Underground Fuel Tanks.

Project location: VA Medical Center located in Roseburg, Oregon.

This is a 100% Service-Disabled Veteran Owned Small Business Set-Aside.

The resultant award will be a Firm Fixed Priced contract to remove underground fuel tanks and replace them with above ground fuel tanks. The magnitude of this project is between $1,000,000.00 and $5,000,000.00. The NAICS is 237120 with a size standard of $45M.

This solicitation is being competed as a request for proposal under RFO Part 15 procedures and in accordance with the updated Revolutionary FAR Overhaul (RFO). The Department of Veterans Affairs, Veteran Affairs Health Administration Network Contracting Office 20 anticipates making one (1) firm fixed priced construction award based on best value determination as a result of this solicitation. A payment bond, performance bond, and bid guarantee will be required; the bid guarantee amount shall be at least 20 percent of the bid priced but shall not exceed $3M.

A site visit will be held on 13 May 2026 at 10:00 AM Pacific Time at Roseburg VA Medical Campus, 913 NW Garden Valley Blvd, Roseburg, OR 97471-6523. Meet Jeff Nelson at the Building 10 Conference Room. An identification card such as a driver's license will be required to get onto the Roseburg VA campus.

Questions are due in writing via email to Kelly Updegraff at kelly.updegraff@va.gov and Sandra Snediker at sandra.snediker@va.gov no later than 21 May 2026 at 12:00 PM Pacific Time (PY).

Proposals are due in writing via email to Kelly Updegraff and Sandra Snediker no later than 1 June 2026 at 12:00 PM PT.

NOTE: Any and all Revolutionary Federal Acquisition Regulation Overhaul (RFO) or VAAR clauses listed in supporting documentation, e.g. specifications, are strictly for reference only and do not superseded, replace, or enhance those clauses or provisions, in full or in reference, included in the solicitation or contract. RFO and VAAR clauses and provisions found in the solicitation or contract prevail.

The current Davis-Bacon Act Wage Determination for Douglas County, Oregon, for "Heavy" applies at all times for this requirement and is available at SAM.gov as issue by the Department of Labor. The current version is attached to this solicitation for your convenience. Any updated version will be attached and will apply to this contract at the time of award.

12:00

PDT

06-01-2026

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 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

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The project is located at the fuel farm and additional locations on the Roseburg VAMC campus. It includes the demolition of underground fuel tanks and construction of a new, above ground fuel farm. All work shall meet the SOW, drawings, and specifications as well as any applicable manufacturer’s recommended installation procedures.

Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 237120 - Oil and Gas Pipeline and Related Structures Construction PRODUCT/SERVICE CODE: Y1NA - Construction of Fuel Supply Facilities

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

The following items are required to be submitted with the proposal for the proposal to be determined compliant. 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 are not compliant may be removed from further substantive evaluation at the discretion of the Government.

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.

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 three (3) separate Volumes:

Volume I – Technical Proposal

Volume 2 – Past Performance

Volume 3 – Price/Cost Proposal with strict adherence to the format, data, and other requirements of this Solicitation.

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. Type that is smaller will be considered illegible. All pages of each proposal shall be appropriately numbered and identified with the Request For Proposal (RFP) number. For ease of reviews, consecutive page numbering is required.

Indexing: Each Volume shall contain a “Table of Contents” for that volume. The “Table of Contents” shall identify major areas, paragraphs and subparagraphs by number and title as well as by page number and volume locations.

Offerors responding to this Solicitation with a proposal/offer to provide the work set forth in Solicitation documents should limit submissions to data essential for evaluation of proposals, so that a minimum amount 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. The Veterans Administration (VA) may have difficulty receiving emails over 15MB in size. Offerors shall break down submissions into multiple emails, if needed, and confirm that the VA received all information.

No deviations to the terms and conditions, Statement of Work (SOW), Schedule of Items, Specifications, Drawings, or any other document within this solicitation is authorized. Requests for deviations may be requested through email no later than the date questions are due. Deviations submitted with the offer without prior written request may be deemed unresponsive.

**ALL PROPOSALS MUST BE SUBMITTED VIA EMAIL, NO HARD COPY OR FACSIMILE PROPOSALS WILL BE ACCEPTED**

Proposals may be submitted to:

Kelly Updegraff, Contract Specialist (CS): Kelly.updegraff@va.gov Sandra Snediker, CS: Sandra.Snediker@va.gov

Volume 1 Technical Experience Submission Requirements

The narrative shall describe construction that involved fuel tank replacements that your organization has completed successfully for at least two (2) projects, and no more than four (4) projects, with Government agencies or private firms, where you recently (within the last 5 years) completed or substantially eighty percent (80%) of a construction project, similar in scope and magnitude to this project at time of solicitation closing date. The narrative shall also describe the work performed, and successful completion in terms of cost control, quality of work, and compliance with the established schedule, including experience required for this project with relation to removal and replacement of underground and above fuel tanks per the SOW, Specifications, and/or Drawings.

Submission must not exceed fifteen (15) pages.

Each narrative shall include the following information:

Project title and location.

Original contract award amount.

Original contract finish date.

Role of offeror on the project, including a clear designation of whether the Offeror was the prime contractor.

Project statistics including start and completion dates (original vs actual) and project cost (original vs actual). If original vs actual completion dates and project costs differ, please provide an explanation as to why they differ.

Problems encountered on identified contracts, if applicable, and the offeror's corrective actions.

References. A primary Point of Contract (POC) and one alternate POC for past performance projects as described above will be required. See Attachment 5, Past Performance Reference Form, for submittal information. The use of the attached form is not required; however, the information on the Past Performance Reference Form is required. If another form is used, it must be labeled as Past Performance References, if attached as a separate attachment, or must be clearly identified as a section of a document. The POCs referred to shall be familiar with the construction project and have no direct affiliation with the contractor (i.e. current or former employee, relative). Examples of reference POCs include, but are not limited to, Contract Officer (CO), CS, Contracting Officer Representative, or Engineer. The Government reserves the right to use other resources to research background information such as a System for Award Management (SAM) searches, public and private website searches, and other sources the CO deems reputable.

Volume 2 Past Performance Submission Requirements

Past Performance Submission Requirements. For all projects listed under Factor 1 that have Contractor Performance Assessment Reporting System (CPARS) data available, the offeror shall provide a printout of the final CPARS for each project. Page limitation of 20 pages.

Past Performance References – Mandatory – For all projects listed under Factor 1 regardless if CPARS data is available, is required. The offeror shall submit Past Performance Reference Forms (Attachment 5) described above with their offer no later than the proposal due date. If the offeror has any other past performance evaluation/questionnaire available that is not CPARS, they may provide that in addition to Attachment 5 for consideration at the Government’s discretion.

Past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. It considers each offerors’ 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 Revolutionary Federal Acquisition Regulation Overhaul (RFO) Part 15 at https://www.acquisition.gov/far-overhaul].

The Government may utilize one or any combination of the following methods to evaluate an Offeror’s past performance in addition to the references submitted including:

· Reporting data gathered from the Contractor Performance Assessment Reporting System (CPARS).

· Reporting data gathered from the SAM Exclusions in accordance with RFO 9.404.

If the Offeror has no past performance, it shall be stated in the proposal. Offerors with no past performance will be rated as neutral.

Volume 3 Price/Cost Submission Requirements

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

Acknowledgement of All Amendments: All Solicitation amendments must be acknowledged in accordance with RFO 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.

Wage Determination: At the time of solicitation, the most current wage determination will be included in the solicitation, however determinations are updated regularly and could affect the price proposals, please check Wage Determinations at SAM.gov at https://www.sam.gov, for the most current rate. At least 10 days prior to the closing date of the solicitation, the Government will check the determination to verify if there is a change and issue an amendment accordingly.

Price Schedule: Shall be fully completed in accordance with instructions to be determined compliant.

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 RFO 28.101-4. The SF 24 may be obtained from https://www.gsa.gov/reference/forms/bid-bond or https://www.gsa.gov/system/files/2024-02/SF24-23a.pdf.

Note: The contractor to whom the 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.

Representations & Certifications: As the provision at RFO 52.204-7 is included in the solicitation. The Offeror is required to complete the annual representations and certifications electronically at https://sam.gov/.

Information Regarding Responsibility Matters: The Offeror must provide their response to RFO 52.209-7(b).

Violation of Arms Control Treaties or Agreements: The Offeror must provide their response to RFO 52.209-13(b) Certification.

Post-Award Small Business Program Representation: The Offeror must provide their response to RFO 52.219-28(g), if applicable.

VAAR 852.219-75, VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (JAN 2023) (DEVIATION) that is incorporated into this solicitation. No other language, or version will be accepted. Offeror completed certification/fill-in is require. The Government will not evaluate offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Past Performance Reference Form: The reference form should be submitted with the proposal. The Past Performance Reference Form can be found at Attachment 5 of the solicitation. These Past Performance Reference Forms do not count page limitations for the prime contractor.

Joint Venture Certification Information: Any offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture:

Joint Venture Certification

1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402; and

2) will perform the contract in compliance with the joint venture agreement.

Failure to submit the certification with the offeror’s proposal will render the offeror ineligible for award.

Name of Signee:

Title of Signee:

Signature

Date

Company Name and Address:

EVALUATION SECTION

1. GENERAL INFORMATION

The Government intends to award without discussions. In the event discussions with offerors are required, a competitive range may be established, and discussions conducted with all offerors in the competitive range.

2. BASIS FOR AWARD

The Government will evaluate offers submitted in response to this solicitation in accordance with the evaluation factors set forth below. If an award is made, the Government intends to make award to the responsible offeror whose proposal represents the overall best value to the Government, and an award may be made to an offeror other than the lowest-priced offeror. Method of Award: The Government intends to use the “Best Value” tradeoff approach in accordance with RFO Part 15. 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 (36C26026R0076). The Government reserves the right to accept other than the lowest priced offer or to reject all offers. This solicitation is set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) firms that comply with regulations to meet our goals that will fulfill the VA’s mission to meet socioeconomic goals. See the evaluation section for importance of factors.

3. EVALUATION

Unless otherwise specified, the following definitions apply:

· Recent - The project ended within the last five calendar years.

· Relevant – A construction or alteration project, of completed federal or other commercial location with fuel tank replacement work with similar complexity to this project.

· Experience - Whether offerors have performed similar work before.

· Performance - How well offerors perform/execute work contracted for.

· Similar in Magnitude: A project is similar in magnitude.

Volume 1, Technical Experience

The Government will evaluate the offeror’s experience and expertise to perform this project with relation to their technical experience on fuel tank replacement projects that are at a minimum similar in complexity and comparable in size and scope to this project.

Using Attachment 5 – Past Performance Reference Form and supplementing with any additional project description/information that specifically and clearly demonstrates technical experience relative to this project. Submit a minimum of two (2) and up to four (4) fuel tank replacement projects with descriptions that best demonstrates your expertise on projects that are similar in scope, size, and complexity as related to this project.

Projects submitted shall be completed within the past five (5) years of the date of issuance of this RFP. Projects submitted must have been completed with the offeror as the prime contractor for the project.

Higher ratings will be given to firms showing demonstrated successful experience on completed fuel tank replacement projects that replace underground fuel tanks with capacity of 10,000 gal or higher with above ground fuel tanks with capacity of 10,000 gal or higher.

Volume 2, Past Performance

Past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. It considers each offeror 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. There are two aspects to the past performance evaluation:

The Government will evaluate the offeror's past performance to determine the level of confidence that the contractor will successfully perform the current requirement. The Government will rate an offeror's Past Performance for projects identified in their Offer under Factor 1, Technical Experience, offeror provided past performance meeting the requirements of this section, and other related experience the Government obtains. The Government may evaluate present and past performance information by using data independently obtained from other Government or commercial sources, including, but not limited to: Government databases; personal business experience with the offeror; and obtained from references provided utilizing the Past Performance Reference Form. One performance relevancy and one confidence assessment rating will be assigned for each offeror using Tables 2 and 3 after evaluating the offeror’s recent past performance, focusing on performance that is relevant to the requirement.

Past Performance Submission Requirements. - For all projects listed under Factor 1 that have CPARS data available, the offeror shall provide a printout of the final CPARS for each project. Past Performance References – For all projects listed under Factor 1 that do not have CPARS data available, the offeror shall send a Past Performance Reference Form, to Kelly.updegraff@va.gov and Sandra.snediker@va.gov. If the offeror has any other past performance evaluation/questionnaire available that is not CPARS, they may provide that in addition to the Past Performance Reference Form for consideration at the Governments’ discretion. Page limitation of 20 pages.

The Government will utilize one or any combination of the following methods to evaluate an Offeror’s past performance in addition to reviewing questionnaires submitted including:

· Reporting data gathered from the Contractor Performance Assessment Reporting System (CPARS).

· Reporting data gathered from the SAM Exclusions in accordance with RFO 9.404.

If the Offeror has no past performance, it shall be stated in the proposal. Offerors with no past performance will be rated as neutral.

Volume 3, Price

Proposals will be evaluated using Price Analysis Techniques and the following criteria:

Price will be evaluated on the basis of fair and reasonableness. Offerors are required to review their proposal to ensure their price is completed and accurate prior to submitting it to the Government. If there is an assumed mistake in its price, the company will be offered to: 1. Perform at the original price, or 2. Withdraw their proposal submission.

Rating Methodologies

Factors Order of Importance: Technical is significantly more important than Past Performance and, when combined, they are significantly more important than cost/price.

The technical experience rating evaluates the quality of the offeror’s technical solution for meeting the Government’s requirements. The risk rating considers the risk associated with the technical approach in meeting the requirement.

Table 1. Technical Ratings

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.

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 first is to evaluate the offeror’s past performance 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. There are four levels of relevancy as shown in the following Table 2.

Table 2. Past Performance Relevancy Ratings

Table 3. Performance Confidence Assessments

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) (a)(1) The offeror must notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the RFO 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 RFO 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 RFO 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 RFO 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 RFO 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 RFO 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

(End of Provision)

2.5 52.233-2 SERVICE OF PROTEST (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:

Kelly Updegraff kelly.updegraff@va.gov

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)

2.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

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

Marginalized populations of Sudan means—

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

(b) Procedures.

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

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of RFO 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 RFO 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 RFO 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…