36C26126R0051.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.

36C26126R0051 X 05-05-2026 612-26-4-6056-0083 612-26-951 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 Offerors are authorized to send offer proposals via email. Offers should be emailed to charee.harris@va.gov

Charee Harris 775-788-5511 A. Project 45926-003. NAICS Code 238220, Commercial and Institutional Building Construction $45M In accordance with (IAW) FAR 36.204(c) Disclosure of the magnitude of construction projects between $100,000 to $250,000.

B. This requirement is IAW Federal Acquisition Regulation (FAR) parts 15 & 36. Offerors shall furnish all labor, material, transportation required engineering services, overhead, and profit to Install Sinks Outpatient Surgery at VA Northern California Healthcare System (VANCHCS), per theStatement of Work (SOW).

C. This requirement is a total Service Disabled Vetean Owned Small Business (SDVOSB) Set-Aside.

D. Project completion date is 120 calendar days after the Notice to Proceed (NTP) is issued.

E. Place of performance is at VA Northern California Healthcare System, 150 Muir Road, Martinez, CA 94553.

F. Bid, payment and perforamnce bonds will be required.

G. The Government intends to award one (1) firm-fixed-priced construction contract without conducting discussions with offerors, however, the Government reserves the right to conduct discussions if later determined to be in the best interest of the Government. The Government may reject any or all offers if such action is in the public interest; and waive informalities and/or minor irregularities in offers received. ALL OFFERORS MUST HAVE CURRENT REGISTRATION ON SAM.GOV AND THE U.S. SMALL BUSINESS ADMINISTRATION (SBA) SMALL BUSINESS SEARCH WEBSITE AS A CERTIFIED

ELIGIBLE SDVOSB PRIOR TO RFP EVALUATION AND PRIOR TO AWARD.

H. Questions and/or Requests for Information (RFI) must be submitted using the RFI form attachment and are due No Later Than (NLT) 05-28-2026 at 1000 A.M. PST. to the contracting officer charee.harris@va.gov

I. All certified SDVOSB firms are afforded the opportunity to submit an offer for this RFP in accordance with the proposal instructions.

J. A pre-proposal site visit is scheduled for Monday, May 11, 2026, at 09:00 AM Pacific Time.

Meet up location is the Administrative Building 21 Front Entrance (see Site Visit Location Map) Address: 150 Muir Road, Martinez, CA 94553.

X X 52.211-10 X 10:00

PDT

06-04-2026 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

36C261 Department of Veterans Affairs Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Replace Sidewalks PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

Page 1 of Page 1 of

STATEMENT OF WORK

Repair B19 and B20 Sidewalk Project 612-26-951

1. GENERAL INTENTION:

A. The purpose of this project is to replace sidewalks at the Martinez VA Medical Center (VAMC). There are three sidewalks that contain uneven slabs, posing as a tripping hazard. The new sidewalks shall be ADA compliant. This project should also resolve any site conditions causing uneven sidewalk slabs, such as tree roots.

B. The Contractor will furnish all labor, materials, equipment, and supervision needed to perform all demolition, off-site disposal, replacement, and installation required by this scope as required by specifications.

C. The Contractor will be responsible for any damage to utilities at no expense to the Government. The Contractor will immediately alert the Contracting Officer’s Representative (COR) of any damage to existing utilities.

D. Visits to the site by bidders may be made only by appointment with the Contracting Officer for the project. A preliminary/pre-proposal site visit is strongly encouraged and will be coordinated with the COR.

E. The contractor will assume that there are no staging areas available within the facility premises. The Contractor must note that there is absolutely NO Contractor employee parking in Patient Parking designated areas. NCHCS will not invalidate or make reimbursement for parking violations for the Contractor under any conditions.

F. Schedule of work: The construction work near building 19, indicated as #2 and #3 on SOW Attachment 01, must occur during the weekend. The sidewalk must be ready for pedestrian use on Monday following the construction work. Preparatory work, such as setting up construction fencing, may occur on Friday if needed. The construction work near building 20, indicated as #1 on SOW Attachment 01, can be performed during normal working hours from 7:30 AM to 4:00 PM Monday through Friday, except holidays. Any work that will cause major impact to the medical center’s operation is to be accomplished after hours or during the weekend.

G. The Contractor will prepare any necessary construction documents and provide all necessary/required professional engineering services to include, but not limited to tools, equipment, materials, labor, travel, expertise, supervision, testing, analysis, and specialty services to accomplish all items and requirements outlined in this SOW. All work will comply with all applicable federal, state, local and VA regulations and requirements.

H. Location of work: The location for construction services is:

Martinez VA Medical Center – 150 Muir Road, Martinez, CA 94553.

Attachment 01 shows the campus map and locations of sidewalk to be replaced.

Figure 1: One example of uneven sidewalk to be corrected. This picture does not show the entire project scope. See Attachment 01 for sidewalks to be replaced.

2. SCOPE OF WORK

A. The contractor shall replace the sidewalks shown in SOW Attachment 01. The contractor shall also prepare the site as needed, which includes excavation of at least 6 inches of existing subgrade, compaction, and subbase placement.

B. The contractor shall also fix site issues, such as tree roots, to prevent future impacts to sidewalks. The contractor’s proposed solutions shall be communicated to and agreed to by the COR before start of work.

C. The contractor must provide a traffic control plan indicating alternate route of travel for pedestrians. A pedestrian route between the patient parking lot and building 19 must remain during the construction work, which should be nearby or adjacent to the existing sidewalk. The alternate pedestrian walkway must be safe, ADA compliant, and clearly marked. The traffic control plan must be approved by the COR prior to the start of work.

D. For the sidewalk replacements near building 19, which are indicated as #2 and #3 on SOW Attachment 01, the replacement must occur on the weekend and be ready for pedestrian use on the Monday following. Preparatory work, such as setting up construction fencing, may occur on Friday if needed. Sidewalks #2 and #3 can be replaced on the same or separate weekends, which is also dependent on traffic plan approval.

E. The contractor’s work shall follow manufacturer standards/procedures, VA specifications, ADA-compliance, etc. This includes, but is not limited to, work for: site preparation, compaction, concrete pour, concrete finish, sidewalk slope, etc.

F. The contractor shall dispose of all material demolished or replaced as part of this project at an off-site location.

G. The contractor will discuss with the Contracting Officer’s Representative (COR) phasing requirements for the project. These phasing requirements will describe the general sequence of the project work, estimated project duration, and what Government constraints will exist that will influence the Contractor’s approach to the construction project.

H. The Martinez VA Medical Center is an active medical center and therefore will require consideration for patients, staff, and visitors. Disruptions to the operations of the medical center will require after-hours or weekend work.

I. The Contractor will be responsible for the administration and management of all aspects of this SOW. This includes responsibility for all Contractor employees, Subcontractors, Agents, and anyone acting for or on behalf of the Contractor.

J. This Period of Performance for this project is 45 calendar days from notice to proceed (NTP).

K. Attachments

a. Attachment 01 – Sidewalk Locations

b. Attachment 02 – Specifications

3. SPECIFICATIONS AND DRAWINGS FOR CONTRACTOR

A. Drawings and contract documents may be obtained from the website where the solicitation is posted. Additional copies will be at Contractor's expense.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment are no longer required, it shall be returned to VHA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

END OF STATEMENT OF WORK

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTION TO OFFERORS

1. INTRODUCTION

a) This Request for Proposal (RFP) is a solicitation for a firm-fixed price contract in accordance with (IAW) Federal Acquisition Regulation (FAR) parts 15 & 36. 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. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

c) This requirement is a total Service Disable Veteran Owned Small Business Set-Aside.

d) The Wage Determination General Decision Number: CA20260018 01/30/2026 is applicable for this solicitation.

e) An offer guarantee is required in the form of a Bid Bond, which may be submitted electronically by the proposal due date/time to the Contracting Officer Charee Harrs by email at charee.harris@va.gov: Performance and payment bonds will be required by the successful offeror within ten (10) days of Notice to Proceed.

f) Offeror shall be verified as a SDVOSB to be eligible for an award in the 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):

Statement of Work Price Breakdown Repair Sidewalks.

Request For Information Form Wage Determination CA20260018 dated 01-30-2026 Specifications Location Map

i) Any questions may be directed to Charee Harris, charee.harris@va.gov

2. PROPOSAL PACKAGE REQUIRED SUBMITTALS:

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

1. Price Proposal.

2. Bid Guarantee.

3. Completed 852.219-75

b) Price Proposal part shall 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).

c) Bid Guarantee part shall include an electronic copy of the bid guarantee scanned in a manner that the raised seal is clearly visible. Hard copies of the Bid Guarantees with wet signatures will be requested as necessary.

3. PROPOSAL SUBMISSION INSTRUCTIONS:

a) Offerors shall send one (1) electronic copy via (email shall be less than 10MB) that includes the 1. Price Proposal, 2. Bid Guarantee, to arrive on or before the due date/time. The subject line of the email shall read: “RFP No. 36C26126R0051 – Repair Sidewalks” Send the email to charee.harris@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. Repair Sidewalks

3. RFP 36C26126R0051

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

e) The offeror shall 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. All commitments made in the proposal may become a part of the resulting contract. The data submitted with each proposal should be complete and concise, but not overly elaborate.

f) Submit your proposal no later than (NLT) 06/04/2026 @ 10:00 AM Pacific Time to the Contracting Officer Charee Harris by email at charee.harris@va.gov.

SITE VISIT INFORMATION

1) The pre-solicitation site visit is scheduled for May 11, 2026, at 09:00 AM Pacific Time. The site visit meet-up location is Administration Building #6 at the VA Police counter in the lobby waiting area, located at VA Northern California, Building 21,150 Muir Road, Martinez, CA 94553. Station point of contact is David.mejiagarcia@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) 05/28/2026 @ 10:00 Pacific Time, to allow replies to reach all prospective offerors in a timely manner. Questions/RFIs shall be sent via email to charee.harris@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.

5. EVALUATION CRITERIA

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

b) Basis of Proposal Evaluation is only price. Proposal price will be evaluated to determine fair and reasonableness.

(End of Instruction to Offerors)

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

The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

(End of provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE WORK. (MAY 2014) (DEVIATION NOV 2025)

(a) (1) The offeror must notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of provision)

2.3 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE I (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11.

(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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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 construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

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

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

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

Marginalized populations of Sudan means—

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

(b) Procedures.

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

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran.

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreement notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable.

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders.

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(iv) The entity that produced the product or service (includes entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product)).

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service.

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver).

(vii) Whether alternative products or services are available that would be compliant with the prohibition.

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand.

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 http://www.va.gov/oal/library/vaar/index.asp

(End of Provision)

2.7 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

GENERAL CONDITIONS

4.1 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (MAR 2020)

(a) The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).

(b) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

(End of Clause)

4.2 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (DEVIATION NOV 2025)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently…