36C26026R0081_1.docx

36C26026R0081

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.

36C26026R0081 X 07-29-2026 668-24-103 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 Michael Conway michael.conway5@va.gov Project 668-24-103, Replace Buildings 1, 2, 3, and 31 Roofing Systems Located at the Mann-Grandstaff VA Medical Center, 4815 N Assembly St, Spokane, WA 99205

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

This procurement is 100% Service-Disabled Veteran Owned Small Business (SDVOSB) set-aside and registered as such in the Small Business Administration Veteran Small BusinessCertification website (VetCert).

Proposals must be submitted by email to michael.conway5@va.gov and dennis.einarson@va.gov, no later than the time and date specified in Block 13. Proposals submitted by any other means will not be accepted.

Questions must be submitted by 12:00 PDT on August 12, 2026, to michael.conway5@va.gov and dennis.einarson@va.gov. Any question answered by other than an RFP amendment providing question and answer to all interested parties has no bearing on this RFP.

This acquisition will use best value tradeoff source selection procedures in accordance with RFO Part 15, based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government with appropriate consideration given to the non-price and price factors.

IAW VAAR 836.204, the magnitude of this construction is between $2,000,000 and $5,000,000.

The NAICS Code for this procurement is 238160, Roofing Contractors.

The Small Business Size Standard is $19 million.

Note:

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

Additionally, any references to "bid" and "bidder" shall beinterpreted as "offer" or "offeror" in accordance with acquisition procedures and definitions of RFO Part 15. This project does not require any specific brands of any items, equipment, fixtures, etc. Any reference of a brand name shall be interpreted as “brand name or equal.”

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitation. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award registration to remove these representations in SAM.

X X X

4:00 PM

PDT

08-28-2026 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

36C260 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 Dennis Einarson

Table of Contents

PRICE SCHEDULE

Proposal Deducts - the following deduct items may be awarded separately depending on available funding. The decision to award a deduct item is at the sole discretion of the Department of Veterans Affairs. Pricing for the deduct item shall reflect the full scope of the item and shall represent only that item. The deduct items below are listed in order of importance.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1. OVERVIEW

1.1.1 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 in accordance with the attached documents. The period of performance is 180 calendar days from the issuance of the Notice to Proceed.

1.1.2 Method of Award: The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with RFO 15.103-1. A firm-fixed-price award will be made to the responsive, responsible offeror whose offer/proposal is determined to be the best value to the Government based on all factors outlined in this Solicitation. 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.

1.1.3 Discussions: The Government intends to make award to a responsive, responsible SDVOSB businesses 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. In accordance with RFO 15.203, if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's Past Performance information and adverse Past Performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.

1.1.4 Nonresponsive/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.

1.1.5 Offers and pricing must be valid for a time period of ninety (90) calendar days from proposal submission date. Offers that provide less than 90 calendar days will be deemed nonresponsive and not considered for Government acceptance.

1.2. INSTRUCTIONS FOR PROPOSAL PREPARATION AND SUBMISSION

1.2.1 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.

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

1.2.2.1 VOLUME 1 – TECHNICAL APPROACH AND PAST PERFORMANCE PROPOSAL

1.2.2.1.1 Factor 1: Technical Approach.

Offerors shall submit a narrative discussion that describes Offerors’ approach to the work.

The offeror’s narrative shall describe its approach to accomplishing the work identified in the Statement of Work (SOW) and project documents. The offeror shall provide sufficient details to demonstrate a clear understanding of the project requirements, constraints, and risks, and to describe the specific methods, procedures, resources, and sequencing it will use to complete the work successfully.

To be considered acceptable, the offeror must do more than restate the requirements; it must demonstrate in detail how it will meet those requirements through a well-defined and feasible approach. Generic statements indicating the ability to perform the work without supporting explanation will be evaluated as lacking sufficient detail or understanding

1.2.2.1.2 Factor 2: Past Performance.

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

For each project submitted, the Offeror shall provide a brief description of the work performed, including relevance to the requirements of this solicitation.

Offerors shall also submit Past Performance Questionnaires (PPQs) or CPARS for the projects identified above. Offerors shall use “Attachment 10 – Past Performance Questionnaire” to obtain information from at least two (2) of the five (5) projects listed above. The Offeror is responsible for collecting and submitting completed PPQs. CPARS may be submitted in lieu of PPQs where available.

Offerors without relevant past performance history may submit a statement indicating such and will be evaluated in accordance with RFO 15.202(c)(1), which provides for a neutral rating.

1.2.2.2 VOLUME 2 – PRICE PROPOSAL (FACTOR 3)

1.2.2.2.1 SF1442, completed and signed. 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.).

1.2.2.2.2 Amendment(s). All solicitation amendments must be acknowledged in accordance RFO Clause 52.215-1(b). Acknowledgement of All Amendments: The Offeror shall acknowledge all amendments. Acceptable methods include, but are not limited to, 1.) Completing block 19 of the SF 1442, or 2.) Returning each signed amendment form(s) with the submission.

1.2.2.2.3 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 RFO 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.

1.2.2.2.4 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.

1.2.2.2.5 Each offeror is required to complete the bid schedule, including the deduct items. The base proposal shall include all work identified in the SOW, specifications, and drawings.

1.2.2.2.6 “Attachment 9 - VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction”. VAAR 852.219-75 must be completed correctly in its entirety with the company name inserted twice in the certification paragraph, each of the five lines below the certification paragraph completed correctly and signed by an authorized signatory.

1.2.2.2.7 “Attachment 11 - Divisional Price Breakout” must be completed correctly in its entirety. This is only needed for the base proposal.

1.2.2.2.8 “Attachment 7 - Contractor Rules of Behavior” must be completed correctly in its entirety.

1.2.3 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 RFP number. For ease of reviews, consecutive page numbering is required.

1.2.4 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.

1.2.5 PAGE LIMITS

1.2.6 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 shall be deemed nonresponsive and 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**

1.3. BASIS FOR AWARD

This acquisition will use best value tradeoff source selection procedures in accordance with RFO Part 15, based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government with appropriate consideration given to the non-price and price factors.

1.4. EVALUATION FACTORS

During the evaluation of each proposal, the government will assign a rating for Factors 1-2. The following factors will be used to evaluate each proposal:

Factor 1: Technical Approach Factor 2: Past Performance Factor 3: Price

Factors 1 and 2 are of approximately equal importance. All evaluation factors other than price, when combined, are significantly more important than price (Factor 3).

1.5. VOLUME 1 – TECHNICAL APPROACH AND PAST PERFORMANCE PROPOSAL

The term “technical,” as used herein, refers to non-price factors other than past performance. The purpose of the technical factor is to assess whether the offeror’s proposal will satisfy the Government’s minimum requirements.

1.5.1 Factor 1: Technical Approach

Each Offeror will receive a rating based upon an evaluation of its proposal for this factor.

This factor will evaluate the Offeror’s narrative describing its approach for accomplishing the work described in the Statement of Work (SOW) and project documents. In order to be considered acceptable, the Offeror must demonstrate an understanding of the specific requirements described in the solicitation and demonstrate the ability of their approach to accomplish those requirements.

The Government will evaluate the extent to which the narrative:

· Is logical and free of contradictory or conflicting information.

· Describes an approach to resourcing, organizing, and communicating on the proposed project that is consistent with requirements in the project description.

· Provides a level of detail and specificity to this project that demonstrates that the Offeror understands the requirements in the attached SOW, specifications, and drawings.

· Reduces the risk of unsuccessful contract performance.

· Is realistic and achievable, e.g., does the offeror’s stated technical approach, to include their overall structure and management of their project team, correlate to a high probability of success during contract performance?

· The approach minimizes impact and disruption to clinical operations.

If an offeror’s proposal is deemed “unacceptable” for Factor 1, the evaluation process will stop, and the government will no longer consider the offeror within the competitive range for award consideration.

1.5.2 Factor 2: Past Performance

When evaluating past performance, the role performed by the offeror or its subcontractor(s) will be considered for consistency with the proposed role to be performed by the offeror or subcontractor(s) under this contract.

There are three aspects to the past performance evaluation: recency, relevancy, and quality of performance which are combined to establish one performance assessment for each offeror. This evaluation focuses on how well the offeror performed on the relevant projects submitted and past performance on other projects currently documented in known sources. More emphasis will be placed on the projects submitted.

Sources of Past Performance Information for Evaluation are as follows:

1. Past performance information shall be obtained from any other sources available to the Government, to include, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency (DCMA).

2. Past performance information may be provided by the offeror, as solicited.

3. Past performance information may be obtained from questionnaires tailored to the circumstances of the acquisition.

Recency: Each past performance submission will be assessed either as recent or not recent. To be considered recent, projects provided must be completed within the past five (5) years, as of the issue date of the solicitation.

Relevancy: Relevancy will be determined by projects that demonstrate completion of projects similar in scope, complexity, size, and cost or price to the solicitation requirement. Projects will be assessed as either relevant or not relevant.

The proposal must demonstrate a connection between the affiliate’s proposed role on the solicitation project and the role of the affiliate on the past performance submitted, in order to receive credit for the affiliate’s past performance.

Quality of Performance: The final aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts.

The Evaluation Team will review this past performance information and determine the quality and usefulness as it applies to performance confidence assessment.

Past Performance Confidence Assessment:

Offerors will receive an integrated past performance rating at the factor level. An offeror must receive an integrated Past Performance Confidence Assessment of “Substantial Confidence”, “Satisfactory Confidence”, or Unknown Confidence (Neutral)” rating for this evaluation factor to be included in the competitive range for award consideration. Any proposals receiving a past performance evaluation rating of "Limited Confidence" or "No Confidence" for this factor will not be included in the competitive range for contract award consideration.

Proposals may be rated higher for the performance confidence assessment if they include projects that demonstrate any of the following:

1. If the offeror is a JV, relevant projects where the JV entities have previously worked together may be considered more favorably than a JV where the entities have not worked together.

1. Projects demonstrating the experience of the offeror or JV entities may be more highly rated than projects demonstrating the experience of subcontractors. Relevant experience of parent companies or affiliates will be considered equivalent to experience of the offeror only if the proposal clearly demonstrates the connection between the affiliate's proposed role on the solicitation project and the role of the affiliate on the past performance submitted.

1. Projects where the offeror demonstrates construction experience with Veterans Affairs may be rated more favorably.

1. Projects where the offeror demonstrates experience in the same geographical region as the solicitation project may be rated more favorably.

1.6 VOLUME 2 – PRICE PROPOSAL

1.6.1 Factor 3: Price

Price reasonableness analysis will be performed by the Government to determine that the proposal prices offered are complete, fair, and reasonable. Price reasonableness will be determined in accordance with RFO 15.404. Normally, competition establishes price reasonableness. Comparison of the proposed prices is expected to satisfy the requirement to perform a price analysis, however, the Government may, if necessary, request and analyze the offeror’s price breakdown to establish reasonableness of an otherwise successful offeror’s price.

For purposes of award, the total evaluated price will include the total price noted in the proposal schedule.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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

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

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) (a)(1) The offeror must notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror must request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror must request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Hand-Carried Address:

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

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

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

(End of Provision)

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

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

REPRESENTATIONS AND CERTIFICATIONS

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

(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)

(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. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of Provision)

GENERAL CONDITIONS

4.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation…