36C26126R0042 0002.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 07-02-2026 570-26-228 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21

36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21

To all Offerors/Bidders

36C26126R0042 06-09-2026

X X X Proposals are due July 13, 2026 at 2:30 PM PT.

X The purpose of this Amendment is to update and attach the following items:

1. Amended the Solicitation Part related to Information Regarding Bidding Material, Bid Guarantee, and Bonds, and the Solicitation Part related to bonding in Instruction to Offerors. All updated parts are highlighted in Yellow.

2. Updates provisions and clauses 52.212-4, 52.243-4, 52.246-12, 52.246-21, and VA Specific Special Contract Clause, Payments under Fixed-Price Construction Contracts.

3. Attach responses to all RFIs received.

4. Attach site visit sign in sheet of vendors that attended the site visit on June 15, 2026.

End of SF30 All other terms and conditions remain unchanged and in full force and effect Rosario Chaidez Contracting Officer

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

. General (prime) Contractors interested in submitting proposals directly to the Department of Veterans Affairs and by suppliers and subcontractors for their use in preparing sub-bids for general (prime) contractors from the Governmentwide Point of Entry (GPE) website at https://sam.gov/ under solicitation number 36C26126R0042. By registering at https://sam.gov/, all prime contractors, suppliers, and subcontractors will have access to download any specifications and amendments, etc.

Amended Part:

Bonding Requirements: Bonding requirements are based on the total price of the offeror’s proposal.

1. Proposals below $150,000: Bid bonds, performance bonds, and payment bonds are not required with the proposal submission.

1. Proposals exceeding $150,000: Bid bonds, and performance, and payment bonds are required and must be submitted on the current correct form in accordance with Revolutionary FAR Overhaul (RFO) Part 28. Bid bonds are submitted with proposals, Performance and Payment bonds must be submitted within 10 days of contract award prior to contract kick-off conference.

a. A Bid Bond, Standard Form (SF) 24 (Revision 10/2023), is required for this the solicitation exceeding $150,000. Each offeror will furnish a bid guarantee in an amount not less than 20 percent of the total bid price and not exceeding $3,000,000. The bid guarantee must be submitted electronically with the proposal and must be executed on the current SF 24 (Revision 10/2023). Failure to provide a bid guarantee in the required form, amount, or manner by the time set for proposal opening will result in rejection of the bid/proposal in accordance with RFO 28.101-4, except where the limited exceptions in that provision apply, and may result in rejection even if an exception is asserted. The current SF 24 (Revision 10/2023) is available through the U.S. General Services Administration at https://www.gsa.gov/reference/forms .

b. The offeror to whom award is made must furnish both a Performance Bond, executed on Standard Form (SF) 25, and a Payment Bond, executed on Standard Form (SF) 25A, each in a penal sum equal to 100 percent of the contract price, in accordance with RFO 28.102 and its subparts. The contractor will ensure that both bonds are executed on the current versions of SF 25 and SF 25A (Revision 10/2023). The current forms are available on the U.S. General Services Administration website at https://www.gsa.gov/reference/forms.

1. c. Disclosure of the magnitude of construction: The magnitude of construction for this project is between $100,000.00 and $250,000.00.

1. d. Liquidated Damages: Not Applicable to this solicitation and requirement

INSTRUCTION TO OFFERORS

1. INTRODUCTION

a) This Request for Proposal (RFP) is a solicitation for a firm-fixed price contract in accordance with (IAW) RFO part 13, Simplified Acquisition Procedures. This procurement action is a total set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB). An award will be made to the offeror with the lowest priced proposal that is responsive to the terms of the RFP. The Government will consider only price as the proposal selection criteria for the contract award. One (1) firm-fixed price construction contract will be awarded to a qualified SDVOSB offeror with the lowest priced proposal as a response to this solicitation.

b) The Government intends to generate an award without conducting discussions with offerors; however, the Government reserves the right to conduct discussions if later determined to be necessary by the Contracting Officer.

c) This requirement is a total set-aside for Service-Disabled Veteran Owned Small Businesses (SDVOSBs).

d) The Wage Determination General Decision Number: CA20260018 05/18/2026 is applicable for this solicitation and requirement.

e) An offer guarantee is required in the form of a Bid Bond for the proposals exceeding $150,000, which may be submitted electronically by the proposal due date/time to the Contract Specialist, Yuliya Kochkina, by email at yuliya.kochkina@va.gov and Cc rosario.chaidez1@va.gov. Note: Performance and payment bonds will be required by the successful offeror within ten (10) days of Notice of Award.

Amended Part:

Bonding Requirements: Bonding requirements are based on the total price of the offeror’s proposal.

1. Proposals below $150,000: Bid bonds, performance bonds, and payment bonds are not required with the proposal submission.

1. Proposals exceeding $150,000: Bid bonds, and performance, and payment bonds are required and must be submitted on the current correct form in accordance with Revolutionary FAR Overhaul (RFO) Part 28. Bid bonds are submitted with proposals, Performance and Payment bonds must be submitted within 10 days of contract award prior to contract kick-off conference.

f) Offeror must be verified as a SDVOSB, to be eligible for an award, in the System for Award Management (SAM) website https://sam.gov/ and U.S. Small Business Administration (SBA) Small Business Search website https://search.certifications.sba.gov/ in accordance with (IAW) VA Acquisition Regulation (VAAR) 819.7003 – Eligibility. A proposal will be rejected and will not be considered for an award if offeror’s SDVOSB/VOSB status cannot be verified at the time of submission of proposal and prior to award.

g) 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. 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 decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

h) Attachments (included with this solicitation):

Specifications Drawings VHA Pre-Construction Risk Assessment (PCRA) Price Breakdown Worksheet

VAAR 852.219-75 (JAN 2023) (DEVIATION)

Request For Information RFI Form Wage Determination CA20260018 05-18-2026 Pre Proposal Site Visit Flyer

i) Any questions may be directed to Yuliya Kochkina at yuliya.kochkina@va.gov

2. PROPOSAL PACKAGE REQUIRED SUBMITTALS:

a) All proposals will be submitted and include the following:

1. Price Proposal.

2. Bid Guarantee (see section “e” above)

3. VAAR Clause 852.219-75 VA Notice of Limitations on Subcontracting- Certificate of Compliance for Services and Construction, must be completed and signed using the VAAR Clause version that is included in this solicitation (Attachment VAAR 852.219-75 (JAN 2023) (DEVIATION).

b) Price Proposal part must include completed SF1442, any amendments, and the price breakdown sheet (Attachment Price Breakdown). Ensure the following is included:

1. Completed SF1442 with total price proposal dollar amount entered in Block 17 of SF1442.

2. Completed Price Breakdown using the RFP form (Attachment Price Breakdown Worksheet).

c) Bid Guarantee part must include an electronic copy of the bid guarantee scanned in a manner that the raised seal is clearly visible.

d) VAAR Clause 852.219-75 Limitations on Subcontracting part will include the attach signed certification from solicitation clause VAAR 852.219-75 VA Notice of Limitations on Subcontracting- Certificate of Compliance for Services and Construction. This clause fill-in is a formal certification and must be completed, signed, and returned with the offeror’s bid, quotation, and/or proposal using the VAAR Clause version that is included in this solicitation. The Government will not consider offers from offerors that do not provide the signed formal certification of VAAR 852.219-75 using the version that is included in this solicitation, and all such responses will be deemed ineligible for evaluation and award.

3. PROPOSAL SUBMISSION INSTRUCTIONS:

a) Offerors must send one (1) electronic copy via (email must be less than 10MB) that includes the 1. Price Proposal, 2. Bid Guarantee, and 3. Signed VAAR Clause 852.219-75 to arrive on or before the due date/time. The subject line of the email must read: “RFP No. 36C26126R0042 – Project No. 570-26-228, “Replacement of Ceiling Kitchen Area, Building 1, Basement” Send the email to yuliya.kochkina@va.gov and Cc: rosario.chaidez1@va.gov.

b) Faxed proposals are not permitted under any circumstances.

c) Offerors MUST include in the body of the email containing the proposals as follows:

1. Company Name

2. Replacement of Ceiling Kitchen Area, Building 1, Basement at VACCHCS, Fresno, CA

3. RFP 36C26126R0042

d) Offerors may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals.

e) The offeror will be held responsible for the validity of all information supplied in his/her proposal, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected and receive no further consideration.

f) 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.

g) Submit your proposal no later than (NLT) 07/09/2026 07/13/2026 @ 02:30 PM PT to the Contract Specialist, Yuliya Kochkina by email at yuliya.kochkina@va.gov and Cc rosario.chaidez1@va.gov.

SITE VISIT INFORMATION

1) The pre-solicitation site visit is scheduled for Monday, June 15, 2026, at 10:00 AM PT and the 2nd pre-proposal site visit is scheduled for Thursday, June 18, 2026, at 10.00 AM PT. The site visit meet-up location will be the OPC Basement – Police Dispatch, located at the VA Central California Health Care System (VACCHCS), 2615 E. Clinton Ave., Fresno, CA 93703. The primary Point of Contact (POC) for information is Yuliya Kochkina at yuliya.kochkina@va.gov and Cc: Rosario Chaidez at rosario.chaidez1@va.gov.

2) Offerors are strongly encouraged to attend the pre-solicitation site visit to gain a comprehensive understanding of the project requirements and site conditions. An individual second visit to the site is not allowed.

3) Please provide a list of your firm’s representatives that will attend the site visit at least one (1) day prior to site visit.

4) All Requests For Information (RFIs) must be sent via email using the required “Attachment RFI Form” and received in writing by the specified due date in the solicitation. Please provide a list of your firm’s representatives that will attend the site visit at least one (1) day prior to site visit.

INSTRUCTIONS FOR SUBMITTING REQUESTS FOR INFORMATION (RFI):

1) All Requests for Information (RFIs) regarding this RFP must be submitted in writing and received no later than (NLT) 06/23/2026 06/25/2026 @ 2:30 PM PT, to allow replies to reach all prospective offerors in a timely manner. Questions/RFIs must be sent via email to Yuliya Kochkina at yuliya.kochkina@va.gov, and Cc: rosario.chaidez1@va.gov.

BASIS FOR AWARD

1. INTRODUCTION

a) The contract resulting from this solicitation will be awarded to that qualified offeror whose offer, conforming to the solicitation, is determined to have the lowest-priced offer and is determined to be the most advantageous to the Government considering only price.

1. EVALUATION CRITERIA

a) This acquisition is a total set-aside for qualified SDVOSB firms. The basis for award is price only. One (1) firm-fixed price construction contract will be awarded to a qualified SDVOSB offeror with the lowest priced proposal as a response to this solicitation.

b) Prior to evaluation of any offer received, a recertification/verification of the U.S. SBA Small Business Search website https://search.certifications.sba.gov/ and the System for Award Management (SAM) https://sam.gov/ will be completed to ensure every offeror is a certified Service-Disabled Veteran Owned Small Business (SDVOSB) and a small business under the NAICS code 236220 Commercial and Institutional Building Construction.

c) The basis for the award will be based on price only. The Government intends to award a firm fixed price (FFP) contract to the offeror that is responsive to the terms of the solicitation and is most advantageous to the Government, considering price only.

Price: All proposals must include the completed SF1442, any amendments signed, and a completed price breakdown worksheet. The offeror's proposed price will be evaluated for fair and reasonableness in accordance with RFO 15.404-1(b). The total evaluated price will be determined by the Offeror's price for all division items.

(End of Instruction to Offerors)

52.212-4 Terms and Conditions—Commercial Products and Commercial Services.

Terms and Conditions—Commercial Products and Commercial Services (Deviation Date OCT 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (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 or 52.243-5, whichever is inserted in this contract.

(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) 52.243-5 Changes and Changed Conditions.

Changes and Changed Conditions (Deviation Date JUL 2025)

(a) The Contracting Officer may order changes in the drawings and specifications within the scope of the contract in writing.

(b) The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or latent physical conditions differing materially from those indicated in this contract or unknown unusual physical conditions at the site before proceeding with the work.

(c) If changes under paragraph (a) of this clause or conditions under paragraph (b) of this clause increase or decrease the cost of, or time required for performing the work, the Contracting Officer shall make an equitable adjustment (see paragraph (d) of this clause) upon submittal of a proposal for adjustment (hereafter referred to as proposal) by the Contractor before final payment under the contract.

(d) The Contracting Officer shall not make an equitable adjustment under paragraph (b) of this clause unless—

(1) The Contractor has submitted the required written notice and the Contracting Officer has received the notice; or

(2) The Contracting Officer waives the requirement for written notice.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause.

(End of clause) 52.246-12 Inspection of Construction.

INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition.

Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause) 52.246-21 Warranty of Construction.

WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause) VA Specific Special Contract Clause, Payments under Fixed-Price Construction Contracts.

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

__________________________________________________ (Name) __________________________________________________ (Title) __________________________________________________ (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after-

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 (31 U.S.C.3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be-

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

(End of Special clause)

AMENDMENT-DESCRIPTION

The purpose of this Amendment 0002 is to provide the information mentioned below:

Amended the Solicitation Part related to Information Regarding Bidding Material, Bid Guarantee, and Bonds, and the Solicitation Part related to bonding in Instruction to Offerors. All updated parts are highlighted in Yellow.

Updates provisions and clauses 52.212-4, 52.243-4, 52.246-12, 52.246-21, and VA Specific Special Contract Clause, Payments under Fixed-Price Construction Contracts.

Attach responses to all RFIs received.

Attach site visit sign in sheet of vendors that attended the site visit on June 15, 2026.

Project Title: Replacement of Ceiling Kitchen Area, Building 1, Basement at The VA Central California Health Care System (VACCHCS), Fresno, CA, Project # 570-26-228

All questions regarding this notice shall be submitted to Ms. Yuliya Kochkina, Contract Specialist via e-mail to: yuliya.kochkina@va.gov and Copy: Rosario.chaidez1@va.gov All other terms and conditions remain unchanged and in full force and effect.

(END OF AMENDMENT-DESCRIPTION)

ATTACHMENTS

See attached document: Sign In Attendee List 06-15-2026.

See attached document: RFI Responses Kitchen Ceiling All RFIs.