Attachment - RFQ 36C26127Q0072_1.docx

36C26127Q0072

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.

36C26127Q0072

593-27-2-5924-0001

593-22-103 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 5) Network Contracting Office (NCO) 21

Quotes have been authorized and are to email to David.Rovner@va.gov and cc: charee.harris@va.gov

David Rovner 925-372-4614

a. Project Title: Replace Dental Vacuum Piping. Project#: 593-22-103.

Project Location: Southern Nevada Health Care System(SNVAHCS), North Las Vegas, NV 89086-4400.

Project Completion: 180 calendar days from when Notice To Proceed (NTP) is issued.

b. This is a firm-fixed price construction requirement. Quoter must furnish all supervision, labor, materials, services, tools, equipment, transportation, required engineering services, and overhead and profit to Replace Dental Vacuum Piping in accordance with (IAW) the Statement of Work (SOW), Drawings, and Specifications.

c. In accordance with VAAR 836.204, the magnitude of the project is between $1,000,000.00 and $5,000,000.00. This project is being solicited under NAICS Code 236220 with a Small Business Size Standard of $45 Million.

d. The basis for award is price only. The Government intends to award without discussions the quote offering the lowest price to the Government. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Quoter shall be verified as SDVOSB to be eligible for an award in Small Business Administration (SBA) DSBS Database at: https://veterans.certify.sba.gov/ pursuant to 38 U.S.C. 8127 and VAAR subpart

819.70. A quote will be rejected and will not be considered for an award if quoter’s SDVOSB/VOSB status cannot be verified at the time of submission of quote and prior to award.

e. Applicable Wage Determination: NV20260091 dated July 29,2026 is applicable for this solicitation and resulting award.

f. This requirement is an open market total set-aside for eligible SDVOSBs.

g. Questions and/or request for information (RFI) must be submitted using the RFI form, attached and are due by 12:00 PM PDT on November 02, 2026, to the Contract Specialist, David Rovner, by email david.rovner@va.gov and Contracting Officer, Charee Harris, by email charee.harris@va.gov. Please see Instructions To Quoters for the Pre-Solicitation Site Visit information. All potential Quoters are highly encouraged to attend the scheduled Pre-Solicitation Site Visit.

h. All Quoters must complete all representations and certifications in the solicitation.

i. Pursuant to 40 U.S.C. Chapter 31, subchapter III, Bonds (formerly known as the Miller Act), requires performance and payment bonds for any construction contract exceeding $150,000, the successful contractor is required to submit payment bond, and certificate of insurance within 10 calendar days of award. Only emailed bonds will be accepted.

X X

52.211-10 X

EMAIL ONLY 1

12:00

PDT

11-17-2026 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 Veterans IntegratedServiceNetwork(VISN5) Network Contracting Office (NCO) 21 3237 Peacekeeper Way Bldg 200 Suite 204 McClellan CA 95652-2613

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

Charee Harris Contracting Officer

Table of Contents

A.3 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C261 Charee Harris Department of Veterans Affairs VA Sierra Pacific Network (VISN 5) Network Contracting Office (NCO) 21

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs FMS VA-9(101) Financial Services Center ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

A.4 PRICE/COST SCHEDULE

ITEM INFORMATION

The selected General Contractor (GC) will be responsible for the construction of the Dental Vacuum Piping Replacement Project. The GC shall correct piping deficiencies as required by this Statement of Work (SOW) and the Construction Documents. The objective is to provide a complete, coordinated, code-compliant solution suitable for the selected delivery method, while minimizing disruption to VA operations and maintaining required life-safety and patient-care functions.

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DZ - Maintenance of Other Hospital Buildings

MANUFACTURER PART NUMBER (MPN): N/A

A.5 DELIVERY SCHEDULE

VA Southern Nevada Health Care System (VASNHCS) 6900 North Pecos Road North Las Vegas, NV 89086 4400

USA

MARK FOR:

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 INSTRUCTIONS TO QUOTERS – 36C26127Q0072

1. INTRODUCTION:

0. These instructions prescribe the format of Quotes. Quotes are defined as consisting of the Prime Contractor’s Price Quote. These instructions describe the approach for the development and presentation of the required information and documentation. These instructions are designed to ensure the submission of necessary information and documentation to provide for the comprehensive evaluation of quotes.

0. This solicitation is a firm-fixed price solicitation. This procurement action is a Total SDVOSB set-aside. As a result of this solicitation, a single firm-fixed price contract will result from this solicitation. Your company must be a verified SDVOSB firm in SBA VetCert and SAM.gov at the time of quote submission and before award to be eligible. Quotes submitted by Quoters who cannot be verified in SBA SDBS VetCert and registered in SAM.gov will not be considered.

0. Quoters are cautioned to carefully review this solicitation prior to commencing preparation. For quotes to receive full consideration for award, quoters shall ensure the information and documentation furnished in support of the price quote are current, factual, complete, and accurate.

0. Quoters are strictly advised to comply with all instructions within this solicitation to ensure submission of a complete Prime Contractor Quote. Failure to furnish a complete quote per the instructions of this solicitation by the required time and date may result in the Quoter’s quote being determined ineligible.

0. The Government intends to award without negotiations unless negotiations are in the best interest of the Government.

0. AVAILABILITY OF SOLICITATION DOCUMENTS: All solicitation related documents will be published to and to, and only be accessible via, https://sam.gov/.

0. AMENDMENTS: Amendments to this solicitation will be posted at https://sam.gov/. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Potential Quoters are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your quote being considered unacceptable.

0. PREPARATION OF QUOTES: The Government will not pay for any costs incurred in the preparation and submission of quotes.

0. SELECTION PROCEDURES: All quotes will be evaluated by Government personnel. Each quoter must submit a fully completed and detailed price breakdown worksheet with their quote. Quotes will be reviewed based on the requirements in the solicitation and the items listed in the price breakdown worksheet.

Quoters must include all minimum divisions identified in the attached VA specifications, and the price breakdown worksheet must be fully filled in and completed. At a minimum, the worksheet must clearly show separate price breakdowns for labor and materials for each division required in the specifications.

Quoters quotes that do not include a complete price breakdown, or are left blank, and not broken down at minimum for labor or material pricing, or also missing the minimum required VA specification divisions will be considered incomplete and will not be evaluated.

The Government intends to award a single firm‑fixed‑price (FFP) contract in accordance with the procedures of FAR 12.203. The basis for award will be price only.

All quotes will be evaluated on price only, after the Contracting Officer determines that the quoter is responsible in accordance with RFO 9.104‑1. No other factors or subfactors will be evaluated. The Government will make award to the responsible quoter based on Price only.

1. CONTRACT TYPE:

1. The awarded contract will be a firm fixed price (FFP) Construction contract.

This solicitation is set aside for Service-Disabled Veteran Owned Small-Businesses (SDVOSB’s). The quoter MUST have an active UEI Sam.gov number and be current in System for Award Management (SAM). Quoters must be verified in the SBA Veteran Small Business Certification Program as an SDVOSB to be eligible for an award. The Contracting Officer (CO) will use the SBA Dynamic Small Business Search (SBA DSBS) (https://dsbs.sba.gov/search/dsp_dsbs.cfm ) to verify SDVOSB status until further guidance is provided by the Department of Veterans Affairs.

1. Quotes will be rejected and not considered for an award if the quoter's SDVOSB status cannot be verified in the SBA DSBS database at the time of quote submission and prior to award. This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. Quotes received from other than SDVOSB concerns will not be considered at this time.

1. QUOTE SUBMISSION INSTRUCTIONS:

2. All quotes must contain a cover letter at least one (1) page minimum and a detailed price breakdown sheet due by the date cited on page 1, block 13 of the SF 1442 form of this solicitation. All price breakdown sheets must be detailed, contain all divisions in the specifications, and include a base quote as cited in the Statement of Work (SOW).

2. All quoters will provide a complete copy of their quote with all representations and certifications completed, completed/signed VAAR clauses 852.219-75, bid bonds, and a detailed price breakdown sheet. Send quotes via electronic mail (e-mail) to: Mr. David Rovner, Contract Specialist, at e-mail: David.rovner@va.gov and copy, Ms. Charee Harris, Contracting Officer, at e-mail: Charee.harris@va.gov.

2. The subject line of the e-mail must cite RFQ: 36C26127Q0072, Replace Dental Vacuum Piping at VA Las Vegas Medical Center. In no circumstances will a single file size exceed 7MB. Multiple emails are acceptable.

2. Faxed or hard-mailed quotes are not permitted under any circumstances. Only emailed quotes will be accepted.

2. All solicitation pages are required to be submitted with your quote. Failure to submit all pages of the solicitation will result in your quote being considered unacceptable.

2. All Representations and Certifications within the solicitation are required to be completed. Failure to complete all representations and certification may result in your quote being considered unacceptable.

2. A complete and detailed Price Breakdown worksheet utilizing Attachment - Pricing Breakdown 36C26127Q0072 is required. Failure to submit a complete and detailed Price Breakdown may result in your quote being considered unacceptable.

2. Quoter is required to provide bid bonds. Failure to submit bid bonds will result in your quote being eliminated from consideration. One (1) bid bond guarantee. Electronic submission of the Bid Guarantee is required via email only. Mailed bid bonds will not be accepted. Bid Guarantee part must include an electronic copy of the bid guarantee scanned in a manner that the raised seal is clearly visible. A bid guarantee must be submitted in the form of bid bond by the quote submission due date and time.

2. Quoters are responsible for ensuring and verifying their price and all required documents are received at the email address designated in block 8 of the SF 1442 Solicitation and by the date and time specified in block 13A of the SF 1442 Solicitation (subject to amendment). Any exception to the terms and conditions of this request for quote will result in a nonresponsive quote.

1. PRE-QUOTE SITE VISIT:

Potential Quoters are strongly urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event will failure to inspect the site constitute grounds for a claim after contract award. This pre-quote site visit will be the only opportunity for potential quoters to visit the site. All potential contractors, subcontractors, and suppliers are strongly encouraged to attend this pre-quote site visit.

The only pre-quote site visit is scheduled for October 26, 2026, at 11:00 AM PT. Potential quoters are to meet the COR at the west entrance of the Main Hospital Bldg. No. 1 near the flagpoles. This will be the only opportunity for potential quoters to visit the site. All potential quoters, subcontractors, and suppliers are strongly encouraged and expected to attend the pre-quote site visit.

1. TECHINCAL QUESTIONS/REQUESTS FOR INFORMATION (RFI’s):

All Requests for Information (RFIs) regarding this solicitation must be submitted in writing and received no later than November 02, 2026, at 12:00 PM, Pacific Time to allow replies to reach all prospective quoters in a timely manner. All RFIs must be sent via email to David Rovner at David.rovner@va.gov and Copy: Charee.harris@va.gov .

RFIs will be responded to as necessary in amendment format and will be posted on SAM.gov. No questions will be answered after the date/time above unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone requests for information will not be accepted or returned.

6. SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at https://sam.gov/SAM/ and enter all mandatory information into the system. Award cannot be made until the contractor has been registered. Quoters must ensure that they are registered in SAM prior to submitting their quote. (See RFO 4.203-1).

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, Quoter 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.

7. ADDITIONAL SBA INFORMATION:

(a) Eligibility of SDVOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the RFO, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs.

(b) At the time of submission of quote, the quoter must represent to the contracting officer that it is a—

(1) SDVOSB concern

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) Quoters must be verified in the SBA Veteran Small Business Certification Program as an SDVOSB to be eligible for an award. The Contracting Officer (CO) will use the SBA Dynamic Small Business Search (SBA DSBS) (https://search.certifications.sba.gov/) to verify SDVOSB status until further guidance is provided by the Department of Veterans Affairs.

(c) A joint venture may be considered an SDVOSB or VOSB concern if

(1) At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in RFO 19.101; and

(4) The joint venture meets the requirements of 13 CFR 125.15(b), modified to include Veteran-owned small businesses where this CFR section refers to SDVOSB concerns.

(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in RFO 19.103 to receive a benefit under this program.

8. VETS 4212:

Title 38, USC Section 4212(d), codified at 41 CFR Section 61-300, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS-4212 reporting information can be done electronically at: http://www.dol.gov/vets/vets4212.htm. Award cannot be made unless the awardee has filed their VETS-4212 report. Therefore, all quoters are encouraged to file every year. The Contracting Officer may request a copy of the email confirmation of receipt notification, prior to awarding the project.

9. JOINT VENTURES: See 13 C.F.R. § 121.103(h)

(h) Affiliation based on joint ventures. A joint venture is an association of individuals and/or concerns with interests in any degree or proportion consorting to engage in and carry out no more than three specific or limited-purpose business ventures for joint profit over a two year period, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally.

This means that a specific joint venture entity generally may not be awarded more than three contracts over a two-year period, starting from the date of the award of the first contract, without the partners to the joint venture being deemed affiliated for all purposes. Once a joint venture receives one contract, SBA will determine compliance with the three awards in two years rule for future awards as of the date of initial quote including price.

As such, an individual joint venture may be awarded more than three contracts without SBA finding general affiliation between the joint venture partners where the joint venture had received two or fewer contracts as of the date it submitted one or more additional quotes which thereafter result in one or more additional contract awards. The same two (or more) entities may create additional joint ventures, and each new joint venture entity may be awarded up to three contracts in accordance with this section. At some point, however, such a longstanding inter-relationship or contractual dependence between the same joint venture partners will lead to a finding of general affiliation between and among them.

For purposes of this provision and in order to facilitate tracking of the number of contract awards made to a joint venture, a joint venture must be in writing and must do business under its own name, and it may (but need not) be in the form of a separate legal entity, and if it is a separate legal entity it may (but need not) be populated (i.e., have its own separate employees). SBA may also determine that the relationship between a prime contractor and its subcontractor is a joint venture, and that affiliation between the two exists, pursuant to paragraph (h)(4) of this section.

10. NOTICE TO PROCEED (NTP): A notice to proceed (NTP) must be issued after award of a fully executed contract. The NTP date and time are “to be determined” after award to a successful quoter. Primary factor in determination to issue NTP must be the Prime Contractor submission of, and the Government review and approval of both Payment and Performance Bonds, both of which are enforceable legal documents.

11 . SECURITY REQUIREMENTS (GENERAL):

1. All personnel employed by the contractor in the performance of work, issued under this contract, or any representative of the contractor must abide by all security instructions and directives of the Department of Veterans Affairs. Employees are responsible for safeguarding all government property provided for contractor use.

1. At the close for each work period, government facilities, equipment and materials must be secured, lights, and all doors and window secured.

1. The contractor and, as applicable, subcontractor must not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of the station/campus and its population, nor must the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified during background checks.

1. Contractors must ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Employees and subcontractors later found to be undocumented or illegal aliens will be remanded to the proper authorities.

1. Contractor Badge Policies: All requests for contractor ID badges will be submitted through the station COR, and Police/Security office.

1. Vehicle registration, proof of insurance and a valid driver’s license must be presented for all vehicles while operating on the station/campus. All vehicles entering the station/campus are subject to search. Any refusal or non-consent by an employee will result in termination of their access and immediate confiscation of their ID badge.

12. BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: Low Risk. This requirement is applicable to all subcontractor personnel requiring the same access. As per VA Directive 0710, costs of background investigations will be borne by the contractor.

13. REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER:

Any reference contained within the solicitation/contract specifications and/or drawings to the “VA Engineer,” “Resident Engineer,” or “Project Manager” or their abbreviations shall be replaced with “Contracting Officer’s Representative (COR).”

End of Instructions to Quoters

2.2 Information Regarding Bidding Bonds and Bid Guarantee

The Government intends to solicit this as a Total SDVOSB set-aside on the Open Market thereby providing Fair Opportunity as required by FAR Part 12 Acquisition of Commercial Products and Commercial Services. The selection will be based on price only. One firm-fixed price construction contract will be awarded as a result of this solicitation.

BID GUARANTEE:

Electronic submission of the Bid Guarantee via email is authorized and required. Bid Guarantee part must include an electronic copy of the bid guarantee scanned in a manner that the raised notary seals are all clearly visible. A bid guarantee must be submitted in a form of bid bond by the quote submission due date and time.

PERFORMANCE & PAYMENT BONDS:

Bid Bonds, Payment Bonds, and Performance Bonds are all required.

LIQUIDATED DAMAGES:

Are applicable at $1,715.00 per calendar day for each day of delay until the work is completed.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at https://www.vaoig.gov/hotline/online-forms and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.3 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)(DEVIATION NOV 2025)

(a) Definition. As used in this clause— Commercially available off-the-shelf (COTS) item

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that—

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

C.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS(OCT 2018)(DEVIATION NOV 2025)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) All information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by part 42.

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that the Government has posted. FAPIIS will retain the comments as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) All information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available (section 3010 of Pub. L. 111-212).

(d) The Government will handle public requests for system information posted prior to April 15, 2011, under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

C.5 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)(DEVIATION NOV 2025)

(a) Definitions. As used in this clause- Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-3.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

C.6 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,715.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause) C.7 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION 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).