36C26027R0014.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.

36C26027R0014 X 10-14-2026

TBD

668-22-106 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 Brenda Bigelow brenda.bigelow1@va.gov Construction NRM Project 668-22-106 - Correct Domestic Water System Located at the Mann-Grandstaff VA Medical Center, Spokane, WA

Contractor to provide all necessary labor, materials, supplies, services, and equipment to complete all work in accordance with the Statement of Work and attached specifications and drawings. NAICS Code 238220 Size Standard $19M

This Procurement is 100% Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside and registered as such with the Small Business Administration. Site Visit will occur on October 26, 2026 at 9 AM Pacific Time. Questions must be submitted by November 9, 2026 at 10:00 am Pacific Time to Brenda.Bigelow1@va.gov and Dennis.Einarson@va.gov.

Any questions answered by other than an RFP amendment providing questions and answers to all interested parties has no bearing on this RFP.

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

"System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM."

The magnitude of this construction is between $1,000,000 and $2,000,000

Additionally, any references to "bid" and "bidder" shall be interpreted 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.”

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

AWARD.

X X X 12 pm

PST

11-23-2026 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

$0.00 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 Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Project 668-22-106 Correct Domestic Water System Contract Period: Base POP Begin: Issuance of Notice To Proceed POP End: 275 Calendar Days after Notice to Proceed PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: Z1DA – Maintenance of Hospitals and Infirmaries.

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.

Option 0001

DEDUCT ALTERNATE NO.1: BASE Offer except omit work indicated in contract drawings identified as being included in bid alternate 1. This includes work related to the installation of pressure sensors in Building 1 Basement identified on separate bid deduct alternate schedule, installation of pressure sensors in Building 1 Floor 1 identified on separate bid deduct alternate schedule, installation of pressure sensors in Building 1 Floor 2 identified on separate bid deduct alternate schedule, the installation of pressure sensors in Building 1 Floor 3 identified on separate bid deduct alternate schedule, the installation of pressure sensors in Building 1 Floor 5 identified on separate bid deduct alternate schedule, the installation of temperature sensors in Building 1 Basement identified on separate bid deduct alternate schedule, the installation of temperature sensors in Building 1 Floor 2 identified on separate bid deduct alternate schedule, and the installation of temperature sensors in Building 1 Floor 3 identified on separate bid deduct alternate schedule. PRODUCT/SERVICE CODE: Z1DA – Maintenance of Hospitals and Infirmaries.

Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of

Option 0002

DEDUCT ALTERNATE NO.2: BASE Offer except omit work indicated to be part of bid deduct alternate 2 on drawings PD-118, PD-120, PL-117, and PL-119. This includes work related demolition in areas of Building 12 as identified on drawings PD-118 and PD-120 by the bid deduct alternate keyed note. This also includes work related to the installation of check valves, point of use filtration, temperature sensors, and pressure sensors identified on drawings PL-117 and PL-119 and in separate corresponding bid deduct alternate schedules. PRODUCT/SERVICE CODE: Z1DA - Repair or Alteration of Hospitals and Infirmaries

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 INSTRUCTIONS TO OFFERORS

This acquisition will use best value tradeoff source selection procedures in accordance with Revolutionary FAR Overhaul (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. This acquisition is a 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns.

The exclusive responsibility for Source Selection will reside with the Government. Proprietary information submitted in response to this solicitation shall be clearly marked as such and will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C. 423) (Hereinafter referred to as "the Act") as implemented in the RFO. Any unmarked proprietary information will be considered releasable under the restrictions of the Freedom of Information Act.

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

FORMAL COMMUNICATIONS

The following Points of Contact (POC) are provided for this acquisition. Address any questions or concerns you may have to both listed POCs via email with the subject line Project 668-22-106 – 36C26027R0014 – Correct Domestic Water System, no later than November 9, 2026, 10:00 AM Pacific Time. The government is not obligated to answer any questions submitted after this date. Furthermore, all questions shall be submitted by the prime contractor(s) on behalf of their subcontractor(s) and supplier(s). Questions submitted by subcontractors and/or suppliers directly to the POCs, or if applicable, the AE of Record, will be rejected and not answered.

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

Brenda Bigelow Contract Specialist Contractor, Stafford Consulting Company Brenda.Bigelow1@va.gov

Dennis Einarson Contracting Officer Dennis.Einarson@va.gov

PRE-PROPOSAL

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

Site Visit Information Date: Monday, October 26, 2026 Time: 9:00 am PST Location: Mann-Grandstaff VA Medical Center 4815 N. Assembly Street

Meet – Building 32, Conference Room 3206 *Assistance call 509-434-7466

GENERAL SUBMISSION REQUIREMENTS

1.1.1. Proposals must be submitted electronically via e-mail to the POCs noted in the Formal Communications paragraph no later than November 23, 2026, at 12 PM Pacific Time. Submissions exceeding file 10MB shall be broken into multiple e-mails or coordinated with the POCs to assure successful file sharing. No hard copies of proposals will be accepted (hand delivered or traditional mail). The government reserves the right to request hard copies in binder format in the event of a formal protest.

1.1.2. 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.

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

1.1.4. Proposal shall be submitted in three (3) separate Volumes with strict adherence to the format, data, and other requirements of this Solicitation:

Volume 1 – Technical Proposal Volume 2 – Past Performance Volume 3 – Price/Cost Proposal

1.1.4. Please title files in the following format:

Solicitation Number Company Name Volume 1 Technical Proposal Solicitation Number Company Name Volume 2 Past Performance Proposal Solicitation Number Company Name Volume 3 Price-Cost Proposal

1.2. All submissions shall be prepared on standard 8.5”x 11” paper (chart may be landscaped but must remain on 8.5” x 11” paper). Text must be single spaced with a minimum 11-point readable font style. Any smaller font may be deemed unacceptable. All pages must be numbered consecutively and clearly marked with an RFP number.

1.3. 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.

1.4. Each volume shall have a Table of Contents identifying major sections, paragraphs, subparagraphs, and corresponding page numbers. Offerors should limit submissions to information necessary for evaluating the proposal, excessive or promotional material is discouraged. Failure to provide all information requested may negatively impact the evaluation, and proposals that do not meet the requirements of the RFP may be deemed unacceptable and/or unresponsive and may not be considered for award.

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

1.6. 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.

1.7. 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 technically unacceptable and may render the Offeror ineligible for award.

1.8. All proposals must be submitted electronically. Hard copies or facsimile proposals will not be accepted.

1.10. Volume 1 Technical Submission Requirements

1.10.1 Factor 1, Technical Experience:

Technical Experience narrative shall describe the offerors technical experience relevant to successfully managing and completing this construction project. At a minimum it shall contain at least two (2) and up to four (4) construction renovation projects that are similar in terms of recent, relevancy, size, and complexity as related to this project.

For each project, the narrative must provide/address, at minimum, the following:

Project title and location Original contract award amount.

Original contract completion date.

Project statistics, including original vs. actual start and completion dates and original vs. actual cost, with explanations for any difference.

Any challenges encountered and the corrective actions implemented.

A reference (POC) and one alternate POC include name, job title, address, telephone number, and email. The POC must be familiar with the project but may not be affiliated with the contractor.

Projects submitted must have been completed with the offeror as the prime contractor for the project.

This narrative shall not exceed thirteen pages. Government will not evaluate submissions past 20 pages and any projects exceeding the maximum of four.

1.11. Volume 2 Past Performance Submission Requirements

Factor 2, Past Performance:

Offerors may not submit any past performance information on projects not listed in Volume 1.

Page limitation shall not exceed 25 pages.

1.12. Volume 3 Price

Factor 3 Price:

Offerors who do not follow submission instructions may not be evaluated and considered ineligible for award. Required submissions are below.

1.12.1. SF1442, completed and signed. Note: Contractor’s signature shall be in accordance with RFO Part 4.102 (e.g., proper signature and format of person who is able to bind an individual, partnership, corporation, etc.).

1.12.2. Amendment(s). All solicitation amendments must be acknowledged in accordance 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.

1.12.3. A Bid Guarantee, SF 24, is required. The amount shall be adequate to protect the RFO 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 $2 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.

1.12.4. 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 proposal.

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

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

1.12.7. Notice to SDVOSB Joint Venture:

Joint Venture Certification - 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:

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 properly certify is a material defect. Failure to submit the certification with the offeror’s proposal will be deemed to mean not certified and thus render the offeror ineligible for award.

Name of Signee:

Title of Signee:

Signature

Date

Company Name and Address:

1.12.8. Limitations on Subcontracting Certificate of Compliance: VAAR 852.219-75, VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) is incorporated into this amendment. All offerors must return the entire clause, in full text, with your acknowledgement. Also to complete the understanding of the requirement, and complete the certification, inserting name of offeror in both fill in areas within the clause, and the printed name of signee, date, and company name/address, at the bottom of the clause. This certification must be completed properly and returned with your proposal. In accordance with VAAR clause 852.219-73(f) and pursuant to 13 CFR § 128.402(e), any offeror/quoter/bidder submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each SDVOSB partner to the joint venture, stating that (1) it is a certified SDVOSB, is small under the size standard corresponding to the NAICS code assigned to this procurement, and will comply with the applicable limitations on subcontracting during performance of the contract and (2) the parties to the joint venture have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and will perform the contract in compliance with the joint venture agreement. Failure to submit the certifications with the offeror’s/quoter’s/bidder’s proposal will render the offeror ineligible for award.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (TAILORED) (DEVIATION OCT 2025)

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

(b) Inspection/Acceptance. See 52.246-12.

(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. See 52.243-4.

(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. See paragraph (m)

(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 errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause.

(1) Right to Terminate: The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor. If the Contractor refuses or fails to prosecute the work or any separable part with the diligence that will ensure completion within the time specified in this contract, including any extensions, or fails to complete the work within such time, the Government may, by written notice, terminate the Contractor’s right to proceed with the work (or the portion of the work that has been delayed). In such event, the Government may take over the work and complete it by contract or otherwise and may take possession of and use any materials, appliances, or plant located at the work site that are necessary to complete the work.

(2) Liability: The Contractor and its sureties shall be liable for any damages to the Government resulting from the Contractor’s refusal or failure to complete the work within the required performance period. This liability includes any increased costs incurred by the Government in completing the work, whether or not the Contractor’s right to proceed is terminated.

(3) Excusable Delay: The Contractor’s right to proceed shall not be terminated nor charged with damages under this clause if the delay arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Such causes include, but are not limited to:

(i) Acts of God or of the public enemy;

(ii) Acts of the Government in either its sovereign or contractual capacity;

(iii) Acts of another contractor in the performance of a Government contract;

(iv) Fires;

(v) Floods;

(vi) Epidemics;

(vii) Quarantine restrictions;

(viii) Strikes;

(ix) Freight embargoes;

(x) Unusually severe weather; or

(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond their control and without their fault or negligence.

To obtain relief, the Contractor must notify the Contracting Officer in writing of the causes of delay within 10 days from the beginning of the delay (unless the Contracting Officer extends this period). The Contracting Officer shall determine the facts and extent of the delay; if warranted, the time for completion shall be extended. The Contracting Officer’s findings are final and conclusive, subject to appeal under the Disputes clause.

(4) Wrongful Termination Treated as Convenience: If, after issuing a notice of termination for cause, the Government determines that the Contractor was not in default or that the delay was excusable, the termination shall be treated as a termination for the convenience of the Government.

(5) Effect on Other Rights: This clause supplements, but does not diminish, the Government’s rights under paragraph (l) Termination for the Government’s Convenience of this provision. The Government shall not be liable for payment for any supplies or services not accepted, and the Contractor shall remain liable for all remedies available at law or in equity.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. See 52.246-21.

(p) Reserved.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

2.2 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)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (DEVIATION NOV 2025) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

2.5 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 chang 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)

2.6 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or 2,000,000, whichever is less.

(d) If the successful…