36C77626R0041.pdf

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Y1DA--590-22-700 | Construct EHRM Infrastructure Upgrade | Hampton, VA | Federal contract opportunity
Solicitation number
36C77626R0041
Issued by
Department of Veterans Affairs Technology Acquisition Center Austin

About this file

This is a Request for Proposal (RFP) for construction services at the Hampton Veterans Administration Medical Center in Hampton, Virginia.

The Department of Veterans Affairs seeks a Service-Disabled Veteran-Owned Small Business (SDVOSB) to perform EHRM Infrastructure Upgrades as a competitive set-aside. The project scope includes general construction, carpentry, mechanical, electrical, plumbing, telecommunications, utilities, cabling, and removal of existing structures. The contract magnitude ranges between $20,000,000 and $50,000,000 with a firm fixed-price structure. The performance period is 1,095 calendar days after receipt of Notice to Proceed, with a mandatory 10-day mobilization period. Offerors must be certified SDVOSBs listed in the SBA certification database at proposal submission and award. The procurement is a negotiated competitive acquisition evaluated under the Lowest Price Technically Acceptable (LPTA) methodology based on four factors: Qualifications (Technical), Key Subcontractors (Technical), Project Execution (Technical), and Price. Proposals are due April 30, 2026, at 14:00 EST, with offers remaining valid for 120 days. A mandatory pre-proposal site visit is scheduled for April 8, 2026, at 09:00 AM ET. Technical questions must be submitted by April 15, 2026, at 2:00 PM ET. A bid guarantee of 20 percent of the proposal price (not to exceed $3,000,000) and performance and payment bonds per FAR 52.228-15 are required. NAICS code 236220 applies with an SBA size standard of $45.0 million. The contracting office is the Department of Veterans Affairs Program Contracting Activity Central in Independence, Ohio, with Scott Elias as the Contracting Officer and Amy Graham as the point of contact.

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Other files for this federal contract opportunity

Other files attached to Y1DA--590-22-700 | Construct EHRM Infrastructure Upgrade | Hampton, VA |, newest first.
File Type Posted
Att. 3 - Brand Name Justification.pdf PDF
Att. 2 - Specifications - 4-23-2026.pdf PDF
Att. 1 - Tech Questions Tracker - 590-22-700.pdf PDF
36C77626R0041 0003.pdf PDF
36C77626R0041 0002.pdf PDF
Att. 1 - 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS - APR 2026.pdf PDF
36C77626R0041 0001.pdf PDF
Attachment 01 - Site Visit Sign in Sheet.pdf PDF
Att. 12 - Set 2 of 8 Final Drawings By Discipline 590 22 700.pdf PDF
Att. 6 - Set 4 of 8 Final Drawings By Building 590 22 700.pdf PDF
Att. 24 - Key Personnel.pdf PDF
Att. 23 - KSI.pdf PDF
Att. 17 - Set 7 of 8 Final Drawings By Discipline 590 22 700.pdf PDF
Att. 15 - Set 5 of 8 Final Drawings By Discipline 590 22 700.pdf PDF
Att. 14 - Set 4 of 8 Final Drawings By Discipline 590 22 700.pdf PDF
Att. 8 - Set 6 of 8 Final Drawings By Building 590 22 700.pdf PDF
Att. 3 - Set 1 of 8 Final Drawings By Building 590 22 700.pdf PDF
Att. 2 - Specifications.pdf PDF
Att. 22 - Limitations on Subcontracting.pdf PDF
Att. 18 - Set 8 of 8 Final Drawings By Discipline 590 22 700.pdf PDF
Att. 13 - Set 3 of 8 Final Drawings By Discipline 590 22 700.pdf PDF
Att. 10 - Set 8 of 8 Final Drawings By Building 590 22 700.pdf PDF
Att. 9 - Set 7 of 8 Final Drawings By Building 590 22 700.pdf PDF
Att. 7 - Set 5 of 8 Final Drawings By Building 590 22 700.pdf PDF
Att. 5 - Set 3 of 8 Final Drawings By Building 590 22 700.pdf PDF
Att. 21 - HEFP SEP Design Alerts 1-9 and 11-16.pdf PDF
Att. 20 - Division Pricing Template.xlsx XLSX spreadsheet
Att. 19 - DBA Wage Determination.pdf PDF
Att. 16 - Set 6 of 8 Final Drawings By Discipline 590 22 700.pdf PDF
Att. 11 - Set 1 of 8 Final Drawings By Discipline 590 22 700.pdf PDF
Att. 4 - Set 2 of 8 Final Drawings By Building 590 22 700.pdf PDF
Att. 1 - Construction SOW.pdf PDF
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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.

1 79

36C77626R0041

X

03-31-2026

590-22-700

36C776

Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

Department of Veterans Affairs Program Contract Activity Central 6100 Oak Tree Blvd, Suite 490

Independence OH 44131

Amy Graham

Project 658-22-700 EHRM Infrastructure Upgrades at the Hampton Veterans Administration Medical Center in Hampton, VA

The contractor is required to provide all labor, project management, materials, tools, supplies, and equipment as required by drawings and specifications to complete the necessary work for EHRM Construction Project 590-22-700 Infrastructure Upgrades. The location of the project is:

Hampton VA Medical Center 100 Emancipation Dr.

Hampton, VA 23667

The VAAR Construction Magnitude for this project is between $20,000,000 and $50,000,000 NAICS - 236220 Commercial and Institutional Building Construction SBA Size Standard - $45.0M Period of Performance: 1095 Calendar Days after receipt of the Notice to Proceed.

In accordance with 38 U.S.C. . § 8127 (Public Law 109-461),this project is a competitive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside.

Site Visit: April 08, 2026 at 09:00 AM ET 100 Emancipation Drive Hampton, VA 23667 Building B.37 (Engineering Building)

Point of Contact: Aaron Roberts All offerors are responsible for monitoring and downloadingany amendments from Contract Opportunities at the following.

website: https://sam.gov/content/opportunities. Amendments shall be acknowledged on page 2 of the SF 1442 documents.

10 1095

X X 52.211-10

X 15 zero (0) 14:00 EST

04-30-2026

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

36C776

Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically https://www.fsc.va.gov/einvoice.asp e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429

Scott Elias Contracting Officer

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE AND BONDS

2.1 BID MATERIAL:

2.2 BID GUARANTEE:

2.3 PAYMENT & PERFORMANCE BONDS:

2.4 TAXES:

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO OFFERORS

2.5 AVAILABILITY OF SOLICITATION DOCUMENTS

2.6 REQUEST FOR PROPOSAL:

2.7 SDVOSB SET-ASIDE

2.8 PRE-PROPOSAL SITE VISIT:

2.9 TECHNICAL QUESTIONS:

2.10 AMENDMENTS

2.11 PREPARATION OF PROPOSALS

2.12 PROPOSAL REQUIREMENTS

2.13 DETERMINATION OF RESPONSIBILITY

2.14 VETS 4212

2.15 SYSTEM FOR AWARD MANAGEMENT (SAM)

2.16 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)

2.17 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS

2.18 REFERENCES TO BIDS/BIDDERS

2.19 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT

MANAGER

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)(DEVIATION NOV 2025)

3.2 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2025)

3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (NOV 2021) (DEVIATION NOV 2025)

3.4 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION NOV 2025)

3.5 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE

OF THE WORK (MAY 2014)(DEVIATION NOV 2025)

3.6 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

3.7 52.228-1 BID GUARANTEE (SEP 1996)

3.8 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020) (DEVIATION SEP 2025)

3.9 52.233-2 SERVICE OF PROTEST (DEVIATION NOV 2025)

3.10 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

3.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

3.12 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

3.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

3.14 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

3.15 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

GENERAL CONDITIONS

4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

4.2 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JAN 2025) (DEVIATION NOV 2025)

4.3 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED ITEMS (MAY 2008)

4.4 52.223-20 AEROSOLS (MAY 2024)

4.5 52.223-21 FOAMS (MAY 2024)

4.6 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (NOV 2023) (DEVIATION NOV 2025)

4.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

4.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.9 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (SEP 2025) (DEVIATION)

4.10 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.12 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.13 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.14 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.15 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

4.16 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

4.17 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

4.18 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION)(APR 2025)

4.19 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

4.20 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.21 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

4.22 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.23 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.24 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.25 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.26 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.27 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

4.28 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.29 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .. 76

4.30 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 JB ___________

ITEM I, BASE BID: Work includes, but is not limited to general construction, carpentry, mechanical, electrical, plumbing, telecommunications, utilities, cabling, necessary removal of existing structures and construction and certain other items as noted in the drawings and specifications.

Period of Performance: 1095 Calendar Days after NTP

GRAND TOTAL _________________

NOTICE

1. Line Item 0001 (Base) contains all the work for this project.

2. Offerors must provide a lump sum price for Line Item 0001 (Base). Failure to do so may render their offeror as unacceptable.

3. Award will be made on Grand Total (Line Item 0001- Base).

4. Pricing shall be submitted in whole dollar values. Please do NOT include pricing in cents.

5. Contractor is required to fill in their Unique Entity Identifier number associate with SAM.gov in

Block No. 14 on Standard Form (SF) 1442.

6. PLEASE NOTE: The Contractor agrees to attend any Post Award conference convened by the contracting activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5.

INFORMATION REGARDING PROPOSAL MATERIAL, BID

GUARANTEE AND BONDS

2.1 BID MATERIAL:

Proposal materials consisting of drawings, specifications, and contract forms are included and/or attached as part of this Request For Proposal (RFP). The VA will not provide printed copies of drawings or specifications. It is the responsibility of the offeror to obtain the proposal materials in a time and manner sufficient to respond to this solicitation by the specified due date.

2.2 BID GUARANTEE:

A Bid Guarantee, Standard Form 24 (SF 24), is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for receipt of proposals, may result in the proposal being deemed unacceptable. Copies of the SF 24 may be obtained from https://www.gsa.gov/forms.

2.3 PAYMENT & PERFORMANCE BONDS:

The offeror to whom award is made will be required to furnish two bonds. A Payment Bond shall be provided on Standard Form 25A (SF 25A) and a Performance Bond shall be provided on Standard Form 25 (SF 25). Both bonds shall be submitted in accordance with FAR 52.228-15 Performance and Payment Bonds - Construction. Copies of SFs 25A and 25 may be obtained from https://www.gsa.gov/forms.

2.4 TAXES:

Contractor must take into account FAR 52.229-3; “Federal, State and Local Taxes” and its Special Note in their pricing. The FAR clause and its Special Note provide guidance on taxes being applied to pricing.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gsa.gov%2Fforms&data=05%7C02%7C%7C7197924ab06b4510c2cb08dd1867cd0b%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638693556286629207%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=MT5QogE1p45j8KY7G3NL%2BRIn0UgyKEY8mmn8Lp5c5oQ%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gsa.gov%2Fforms&data=05%7C02%7C%7C7197924ab06b4510c2cb08dd1867cd0b%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638693556286629207%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=MT5QogE1p45j8KY7G3NL%2BRIn0UgyKEY8mmn8Lp5c5oQ%3D&reserved=0

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO

OFFERORS

2.5 AVAILABILITY OF SOLICITATION DOCUMENTS

All solicitation-related documents will be published to Contract Opportunities at https://sam.gov/.

2.6 REQUEST FOR PROPOSAL:

This is a Request for Proposal (RFP) in accordance with FAR Part 15. Award will be made to the offeror whose proposal represents the “best value” to the Government Utilizing the Lowest Price Technically Acceptable (LPTA) method of evaluation. In order to receive consideration for award, a rating of ACCEPTABLE must be achieved for Factor 1 Qualifications (Technical), Factor 2 Key Subcontractors (Technical), Factor 3 Project Execution (Technical). A responsibility determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors. All proposals shall be subject to evaluation by a team of Government personnel.

The Government reserves the right to award without negotiations based upon the initial evaluation of the proposals.

Evaluations will be based on the following evaluation factors:

1. Factor 1: Qualifications (Technical)

2. Factor 2: Key Subcontractors (Technical)

3. Factor 3: Project Execution (Technical)

4. Factor 4: Price

2.7 SDVOSB SET-ASIDE

This procurement is a 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. To be considered eligible to receive award of a resulting contract, offerors must be certified as SDVOSBs by the U.S. Small Business Administration (SBA) and listed in the SBA certification database at the time of proposal submission and at time of award. Offers received from entities that are not certified SDVOSBs will not be considered. Failure to be certified at the time of proposal submission and at time of award will result in the offer being deemed unacceptable and ineligible for award. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402.

2.8 PRE-PROPOSAL SITE VISIT:

A formal site visit has been scheduled for this project. This will be the only opportunity for potential bidders to visit the site. See Page 1 – section 10 for further information.

All potential offerors, subcontractors and suppliers are strongly encouraged to attend this site visit.

https://sam.gov/

2.9 TECHNICAL QUESTIONS:

Questions of a technical nature must be submitted by prospective offerors via e-mail to:

Scott.Elias@va.gov and amy.graham@va.gov. The subject line of each e-mail must read:

EHRM Infrastructure Upgrades Hampton, VA - Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS April 15,2026 at 2:00PM ET.

2.10 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 offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in a proposal being considered ineligible for award as incomplete.

2.11 PREPARATION OF PROPOSALS

The Government will not pay for any costs incurred in the preparation and submission of proposals.

2.12 PROPOSAL REQUIREMENTS

A. General:

1. Proposal Submission: Offerors must submit their proposals via e-mail to

Scott.Elias@va.gov and amy.graham@va.gov. Proposals must be based on solicitation documents issued for RFP number 36C77626R0041. Proposals will be in the format set forth in this document. Proposals shall be received on or before the date and time specified in Block 13 of the SF 1442. There will be no public opening of the proposals. Only proposals submitted by email will be accepted. Hard-copy proposals will not be accepted.

B. Proposal Format:

1. Technical, Price and Administrative sections of the Offerors proposals will be evaluated independently; therefore, the Offeror must submit the proposal in three

(3) Volumes: Volume I Technical, Volume II Price and Volume III Administrative.

Offerors must send Volumes I, II and III as attachments in separate e-mails.

Each volume must be labeled with the Offeror's organization, business address, and VA Solicitation Number. Each volume must be submitted as searchable PDF documents attached to an e-mail. Portions of proposals submitted via drop-box, hyperlink, or format rather than a searchable PDF attached to an email will not be considered, which may render the proposal incomplete. The proposal, in its entirety, shall not exceed three (3) e-mails (one e-mail for each volume). Each e-mail, including its attachments, must be less than 5MB in size. Offerors must Include page numbers and its company name in the header or footer of each page of all attachments.

2. Volume I Technical: Offerors shall format Volume I Technical proposal as listed below. The specific evaluation criteria and methodology is below.

a. Volume I, Technical must include a title page, detailed table of contents and preface Volume I Technical shall be submitted in one

(1) PDF document for Volume I Technical and shall not exceed a total of FIFTEEN (15) pages. The title page, table of contents, preface and schedule are excluded from the page limits. Offerors must not include any price or price related material in the Volume I mailto:Scott.Elias@va.gov mailto:amy.graham@va.gov https://sam.gov/ mailto:Scott.Elias@va.gov mailto:amy.graham@va.gov

Technical proposal. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

b. A page is defined as each face of an 8.5 X 11-inch sheet of paper with 1-inch margins around the page perimeter containing information. Submission of the project schedule can be submitted by utilizing larger paper (11 X 17 inch). The background color of each page of the submission shall be white or ivory stock and each page shall count as one (1) page. Excess pages will not be evaluated. Text lines must be single-spaced, and proposals shall be submitted using Times New Roman, with font no smaller than 12 point with normal proportional spacing. A smaller font size for any graphics presented in a proposal is permitted as long as the information is legible to the human eye. Fonts other than Times New Roman are permissible in the presentation of graphic material only.

c. The Offeror’s proposal must address each evaluation factor listed in this solicitation. Failure to submit a proposal in the formal required that addresses each factor may result in the proposal being deemed ineligible for award.

3. Volume II Price: Offerors shall format the Volume II Price proposal as listed below. The specific evaluation criteria and methodology is below.

a. Volume II Price shall not exceed a total of TWENTY (20) pages in Times New Roman size 12 font.

b. Offerors shall complete the Price Schedule in part A of this solicitation.

c. Offerors shall ensure the Signed Standard Form (SF) 1442 is provided.

Offerors shall acknowledge receiving amendments by filling out section 19 of the SF 1442.

d. In addition to the Price Schedule, offerors shall submit a complete breakdown of the Division Pricing (see Attachment 20) for Line Items (0001).

e. Bid Guarantee: The Offeror shall furnish a bid guarantee as set forth in the solicitation (see FAR 52.228-1). Pricing shall be Firm Fixed Price.

The bid guarantee shall be provided on Standard Form 24. The bid bond shall be submitted as part of the electronic submission. In accordance with Class Deviation from the Federal Acquisition Regulation to Eliminate Hard Copy Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain Contract Requirements issued by the VA Executive Director, Office of Acquisition and Logistics and the Senior Procurement Executive on May 11, 2020, the requirement for an original bond, with the original signatures, notarization and seals has been eliminated.

f. Failure to furnish the required bid guarantee on the proper form and for the proper amount by the time specified in Block 13 of SF 1442, may result in rejection of the proposal.

4. Volume III Administrative Information: If an offeror fails to include all of the below information in its proposal, then the proposal may be deemed incomplete and ineligible for award.

a. Information Regarding Responsibility Matters:

Offeror shall provide their response to FAR 52.209-7 (b) Information Regarding Responsibility Matters.

b. Violation of Arms Controls Treaties or Agreements:

Offeror shall provide their response to FAR 52.209-13 (b) Violation of Arms Controls Treaties or Agreements.

c. Tax on Certain Foreign Procurements – Notice and Representation:

The offeror shall provide their response to FAR 52.229-11 (d).

d. Post Award Small Business Program Representations:

Offeror shall provide their response to FAR 52.219-28 (h), if applicable.

e. Limitations on Subcontracting:

The offeror shall complete and sign the VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction required in VAAR 852.219-75 and return it with their proposal submission attached as a separate document (Limitations on Subcontracting). The completed and signed form will become part of the official award documentation.

Complete the certification and ensure that the appropriate box is checked. VAAR 852.219-75 imposes an obligation on the person executing the certification to enter the following information below the paragraph which begins with the word ‘Certification:’

1. Offeror’s Name: The name should match the actual legal name of the offeror as captured in SAM.gov. If the offeror’s name is ‘SDVOSB Craftsman, LLC,’ the full legal name of the entity must be entered in each separate section of the certification that contains the following brackets: [Insert Name of Offeror]. It is not sufficient for the offeror’s company name to be inserted at the bottom of the certification only. The offeror’s name must be entered in the brackets referenced above.

2. Printed Name and Title of Signee: Enter the printed name and job title of the signee.

3. Signature: The certification statement must be signed by an individual who is authorized to execute the certification on behalf of the offeror.

4. Date: The certification must be properly dated.

5. Company Name and Address: The certification must include the signee’s complete business name and address.

f. Notice to SDVOSB Joint Venture/Mentor Protegee:

Any offeror submitting a bid as a joint venture must provide a copy of the joint venture agreement signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture

(1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and (2) will perform the contract in compliance with the joint venture agreement. Additionally, the certification from the certified SDVOSB partner must be submitted.

Failure to submit the agreement and certification with the offeror’s proposal will render the offeror ineligible for award.

C. Technical Proposal Requirements: The proposal must address the following submission requirements. Offerors will be required to submit the information concerning Factor 1, Qualifications (Technical), Factor 2, Key Subcontractors (Technical), and Factor 3, Project Execution as well as Factor 4 Price. Information submitted will be reviewed to determine if the offeror’s technical rating is ACCEPTABLE or UNACCEPTABLE. RFP submission criteria for both technical factors are provided below.

Factor 1, Qualifications (Technical):

The offeror shall provide qualifications of proposed key personnel, to include Project Manager, Onsite Superintendent, Site Safety and Health Officer (SSHO), and Contractor’s Quality Control (CQC) System Manager, per solicitation specifications. Information to include the following: Name of individual, position title, years with company, education background and narrative for the Project Manager and Onsite Superintendent describing 2 completed project similar in size and scope. Size is defined as a completed project over 10 million dollars. Scope is defined as a completed project involving phased construction work (demolition, earthwork, carpentry, HVAC, electrical, plumbing, communications, fire suppression) in an active patient care setting. Use attachment 24 (Key Personnel) to include the following:

• Qualifications that include Project Manager with a minimum of 5 years of construction supervision experience and a narrative demonstrating two (2) completed project similar in size and scope.

• Qualifications that include Onsite Superintendent with a minimum of 5 years of construction supervision experience and a narrative demonstrating two (2) completed project similar in size and scope.

• Qualifications that include SSHO with the minimum experience as outlined in the construction specifications 01 35 26. See Section 1.7 - Site Safety & Health Officer (SSHO) and Competent Person (CP) & 1.8 – Training

• Qualifications that include CQC System Manager with the minimum experience as outlined in the construction specifications 01 45 00. See Section 3.2 - CQC Plan. Subpart B.

Factor 2, Key Subcontractors (Technical):

The offeror shall provide qualifications of the proposed communications installer. Submit three installations of similar size and complexity furnished and installed by installer. Size is defined as a completed project over 5 million dollars. Complexity is outlined in division 27 specifications. Use attachment 23 (Key Subcontractors Information) to provide the following:

• The installation location and name, owner’s name and contact information including, address, telephone and email.

• Date of project start and date of final acceptance.

• System project number.

• Description of each system related to this project; include function, operation, and installation

Factor 3, Project Execution:

The offeror shall provide a draft schedule in accordance with solicitation specification 01 32

16.15 Part 1 - General (1.1, Description through 1.12 Adjustment of Contract Completion) Cost loading is not required for this factor. The construction period of performance (see SF 1442 Block 11) that demonstrates a logical sequence of all divisions of work (mobilization through demobilization), the submittal process to include VA review, the procurement and installation of long lead items, anticipated shutdowns.

Factor 4, Price: The Offeror shall submit their price in accordance with the instructions in the solicitation and the evaluation methodology cited below.

D. Volume II – Price Proposal Requirements

a. Carefully follow “Instructions, Conditions, and Notices to Offerors”. Standard form (SF) 1442 Solicitation Offer and Award (Construction, Alteration, or Repair) and the Pricing Schedule located on PAGE 6 when submitting price offers. Submit a bid guarantee as set forth in the solicitation.

b. In addition to the pricing schedule, Offerors shall submit a complete Breakdown of the Division Pricing for Line Items (0001). The Division Pricing will be used to determine price reasonableness (Attachment 20). The Government also reserves the right to use this Division Pricing breakdown as part of negotiations during the competitive range, if they are required.

c. The prices must be Firm Fixed Price. The Offeror must take care not to include remarks that take exception to the Government’s Specifications/Drawings or pricing requirements or otherwise preclude the Government from evaluating the offer, which may result in the offeror’s proposal being rejected.

E. Evaluation Methodology:

All Offerors are advised that, in the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner. Specifically, the Government may first evaluate the total proposed price of all Offerors. Thereafter, the Government will evaluate the technical proposal of the lowest priced Offeror only. If the lowest priced Offeror’s technical proposal is determined to be rated as Acceptable, the Government may make award to that Offeror without further evaluation of the remaining Offerors’ technical proposals, provided its price is determined to be fair and reasonable.

If the lowest priced Offeror’s technical proposal is determined to be rated as Unacceptable, then the Government may evaluate the next lowest priced technical proposal until the Government reaches the lowest priced technical proposal that is determined to be rated as acceptable with fair and reasonable pricing. However, the

Government reserves the right, in its sole discretion, to evaluate all Offerors’ technical proposals should it desire to conduct negotiations, or otherwise determine it to be in the Government’s best interest.

To receive consideration for award, a rating of ACCEPTABLE must be achieved for Factor 1, Qualifications (Technical), Factor 2, Key Subcontractors (Technical) and Factor 3, Project Execution.

ACCEPTABLE is defined as: the Offeror meets all of the Government’s minimum requirements as identified in the solicitation.

UNACCEPTABLE is defined as: the Offeror failed to meet any of the Government’s minimum requirements as identified in the solicitation.

Factor 1 Qualifications (Technical):

The minimum requirements for an Acceptable Rating include all of the following:

• Acceptability is determined when the offeror possesses a Project Manager with a minimum of 5 years of construction supervision experience and two (2) completed project similar in size and scope.

• Acceptability is determined when the offeror possesses Onsite Superintendent with a minimum of 5 years of construction supervision experience and two (2) completed project similar in size and scope.

• Acceptability is determined when the offeror possesses SSHO with the minimum experience as outlined in the construction specifications 01 35 26. See Section 1.7 - Site Safety & Health Officer (SSHO) and Competent Person (CP) & 1.8 – Training – Subpart A.

• Acceptability is determined when the offeror possesses CQC System Manager with the minimum experience as outlined in the construction specifications 01 45 00. See Section

3.4 - Subpart B.

Factor 2 Key Subcontractors (Technical):

The minimum requirements for an Acceptable Rating include all the following:

• Acceptability is determined when all three communication installer installations are determined to be similar in size and complexity.

Factor 3 Project Execution (Technical):

The minimum requirements for an Acceptable Rating include all of the following:

• Acceptability is determined when the offeror submits a project schedule that demonstrates the ability to meet solicitation specifications specification 01 32 16.15 Part 1 - General (1.1, Description through 1.12 Adjustment of Contract Completion) in accordance with the Period of Performance.

Factor 4 Price: The total evaluated price will be determined by the Offeror's price provided on the Price Schedule. The Offeror who provides the lowest price will be determined to be the lowest priced Offeror.

Note: If none of the offerors are within the available funding limitation or is otherwise determined to be other than fair and reasonable, the VA reserves the right to enter into negotiations with those offerors who are determined to be within the competitive range.

If the Offeror communicates in its proposal any qualifications, exceptions, exclusions, or conditions to the proposed prices in the Offerors proposal documents, the Contracting Officer may reject the proposal and exclude the Offeror from further negotiations.

2.13 DETERMINATION OF RESPONSIBILITY

In accordance with FAR subpart 9.1, Responsible Prospective Contractors, a responsibility determination will be made for the apparent awardee prior to processing the award. The Contracting Officer reserves the right to request information to assist the Government in determining the apparent successful offeror responsible, including information regarding the offeror’s previous experience (including points of contact), organization (including company officers), technical qualifications, financial resources, and other information deemed necessary.

These requests for information do not constitute negotiations. NOTE: Any information received by the Government that would be cause for a negative responsibility determination may deem the offeror ineligible for award.

2.14 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 offerors 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.

2.15 SYSTEM FOR AWARD MANAGEMENT (SAM)

The Offeror shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation, and at the time of award.

http://www.dol.gov/vets/vets4212.htm

Failure to be registered in SAM when submitting an offer or proposal and at the time of award will result in elimination from the competition. See FAR Part 52.204-7 - System for Award Management - Registration.

2.16 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)

As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $900,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, VA uses an online database, CPARS, which is maintained by the Naval Sea Logistics Center in Portsmouth, New Hampshire. CPARS is available to all Federal agencies and is the system used to collect and retrieve performance assessment reports used in source selection determinations. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $900,000 is required to register with CPARS database at the following web address: http://www.cpars.gov/. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438- 1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

2.17 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 is commensurate with the level of access needed to perform all work as identified in the solicitation documents. 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. Please be advised that the awardee will need to coordinate with the VA Medical Center concerning badging requirements.

2.18 REFERENCES TO BIDS/BIDDERS

Within the solicitation/contract specifications and/or drawings, any reference to “bid” must be replaced with “proposal” and any reference to “bidder” must be replaced with “offeror.”

http://www.cpars.gov/

2.19 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).”

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(OCT 2018)(DEVIATION NOV 2025)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

3.2 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2025)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $7 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it—

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986;

and

(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(End of Provision) https://www.sam.gov/

3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR

AGREEMENTS-CERTIFICATION (NOV 2021) (DEVIATION NOV 2025)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

__ (1) The Offeror certifies that–

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C.

2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

__ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there.

Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If such activity might have occurred, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/ agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

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

(d) Do not submit an offer unless—

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

(2) In accordance with paragraph (b)(2)…

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