IFB 36C77626B0002 - 1-15-26.pdf

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Y1BG--Brooklyn EHRM Infrastructure Upgrades Construction VA Medical Center Brooklyn, NY 630A4-22-700
Solicitation number
36C77626B0002
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About this file

This is a Request for Proposals (RFP) for the Department of Veterans Affairs, specifically for EHRM Infrastructure Upgrades at the Brooklyn VA Medical Center. The project is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) with a project value between $20,000,000 and $50,000,000. The contract requires completing the entire project within 730 calendar days after receiving the notice to proceed, with work to be done at 800 Poly Place, Brooklyn, NY 11209.

Key details include a solicitation number of 36C77626B0002, issued on 01-15-2026, with bids due by 03-04-2026 at 1:00 PM EST. The project involves preparing the site for building operations and completing infrastructure upgrades, with NAICS code 236220. The contractor must provide all labor, materials, equipment, and supervision necessary to complete the work in accordance with the specifications and drawings. Notably, Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required. Bidders must be certified SDVOSBs listed in the SBA certification database at the time of bid submission and award.

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0009 - 630A4-22-700 Responses to Tech Questions - 4-2-26.pdf PDF
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0005 - 630A4-22-700 Responses to Tech Questions - 3-3-26.pdf PDF
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15 - 630A4-22-700 DWGS 6-ELEC 1 of 2.pdf PDF
18 - 630A4-22-700 DWGS 7-TELECOM 2 of 2.pdf PDF
19 - 630A4-22-700 PCRA.pdf PDF
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22 - 630A4-22-700 VAAR 852.219-75 LOS - Construction.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 62

36C77626B0002 X 01-15-2026

630A4-22-700

36C776

Kara Evert Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131

Kara Evert Department of Veterans Affairs Program Contract Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131

Kara Evert kara.evert@va.gov

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.

The contractor shall provide all labor, materials, equipment, and supervision, and perform all work necessary to prepare site for building operations and complete Project No. 630A4-22-700 EHRM Infrastructure Upgrades. This project must be completed in accordance with the specifications, drawings, and supporting attachments included in the solicitation package.

Project Location:

VA New York Harbor Healthcare System Brooklyn VA Medical Center 800 Poly Place Brooklyn, NY 11209-7104

NAICS code: 236220

VAAR Magnitude of Construction: $20,000,000 to $50,000,000

Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

10 (TEN) 730

X X

X 10 (TEN)

0 (ZERO) 1:00 PM EST

03-04-2026

X

90 (NINETY)

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

See price schedule

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

Richelle N. Gray

VA-VHA-RPOC-2025-0062

36C77626B0002

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 SCHEDULE

ITEM INFORMATION

PRICE SCHEDULE NOTICE

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS

1.1 BID MATERIAL

1.2 BID BOND GUARANTEE

1.3 PERFORMANCE & PAYMENT BONDS

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS

2.2 INVITATION FOR BIDS

2.3 SDVOSB SET-ASIDE

2.4 BASIS OF AWARD

2.5 PRE-BID SITE VISIT

2.6 TECHNICAL QUESTIONS

2.7 AMENDMENTS

2.8 PREPARATION OF BIDS

2.9 SDVOSB CERTIFICATION

2.10 SYSTEM FOR AWARD MANAGEMENT

2.11 DEVIATION NOTICE (FEB 2025)

2.12 DETERMINATION OF NONRESPONSIVE

2.13 RESPONSIBILITY DETERMINATION

2.14 VETS 4212

2.15 PROJECT LABOR AGREEMENT

2.16 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

2.17 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS

2.18 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT MANAGER 11

2.19 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION NOV 2025)

2.20 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF

THE WORK (MAY 2014) (DEVIATION NOV 2025)

2.21 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

2.22 52.228-1 BID GUARANTEE (SEP 1996)

2.23 52.233-2 SERVICE OF PROTEST (SEP 2006) (DEVIATION NOV 2025)

2.24 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025) (DEVIATION)

2.25 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

2.26 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020) (DEVIATION SEP 2025)

GENERAL CONDITIONS

4.1 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN

2025) (DEVIATION NOV 2025)

4.2 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS (MAY 2008)

4.3 52.223-20 AEROSOLS (MAY 2024)

4.4 52.223-21 FOAMS (MAY 2024)

4.5 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (NOV 2023) (DEVIATION NOV 2025)

4.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.7 52.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB 2021) (DEVIATION APR

2020)

4.8 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUN 2020)

(DEVIATION APR 2020)

4.9 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) (DEVIATION SEP 2025) . 36

Special Note regarding FAR 52.229-3 Federal, State, and Local Taxes (DEVIATION)

4.10 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)38

4.11 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (DEVIATION) (NOV 2025)

4.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.14 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA BREACH

COSTS (FEB 2023)

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

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

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

4.17 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR

2019)

4.18 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

4.19 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP

2019)

4.20 MANDATORY WRITTEN DISCLOSURES

4.21 ATTACHMENTS

A.3 PRICE SCHEDULE

ITEM INFORMATION

ITEM # DESCRIPTION OF SERVICES QTY UNIT UNIT PRICE AMOUNT

1.00 JB _____________ ______________

BASE BID:

ITEM I, EHRM INFRASTRUCTURE UPGRADES: Work includes all general, discipline-specific, safety, and management requirements depicted in the contract documents.

The contractor shall complete the entire project no later than 730 calendar days after the contractor receives the notice to proceed. All work shall be completed in accordance with the specifications, drawings, and supporting attachments.

GRAND TOTAL ________________

PRICE SCHEDULE NOTICE

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

2. Bidders must provide one lump sum price for Line Item 0001 (Base Bid). Failure to do so may render their bid nonresponsive.

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

4. The offeror is required to fill in their pricing on the above price schedule. Pricing must be submitted in whole dollar values. Do not include pricing in cents.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND

BONDS

1.1 BID MATERIAL

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

1.2 BID BOND GUARANTEE

The offeror must furnish a bid bond guarantee on Standard Form (SF) 24 in an amount that is the lesser of 20 percent of the bid price or $3,000,000. Failure to furnish the required bid bond on the current revision of the proper form and for the proper amount by the date and time specified for receipt of bids will result in rejection of the bid. Copies of the SF 24 may be obtained from https://www.gsa.gov/forms.

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 a hard copy original bond with the original signatures, notarization, and seals has been eliminated. The bid bond must be submitted electronically as part of the bid package.

1.3 PERFORMANCE & PAYMENT BONDS

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

https://www.gsa.gov/forms https://www.gsa.gov/forms

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO BIDDERS/

OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS

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

2.2 INVITATION FOR BIDS

This solicitation is being issued as an invitation for bids (IFB) in accordance with FAR part 14.

2.3 SDVOSB SET-ASIDE

This procurement is a 100% set-aside for SDVOSB concerns. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR § 128.402.

2.4 BASIS OF AWARD

Award may only be made to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price (see FAR 52.214-19). The low price will be evaluated by the Contracting Officer prior to award to confirm it is fair and reasonable.

2.5 PRE-BID SITE VISIT

(a) A formal site visit will be scheduled for this project. All information for the site visit will be posted in an amendment as soon as it is finalized.

(b) This will be the only opportunity for potential bidders to visit the site. All potential bidders, subcontractors, and suppliers are strongly encouraged to attend this site visit.

(c) Although not required, it is highly recommended that those who attend the pre-bid site visit for this project review the drawings ahead of time. Due to the continued care of our veterans, there may be areas that cannot be accessed during the pre-bid site visit. Any questions regarding these areas can be addressed during the technical question period of the solicitation.

2.6 TECHNICAL QUESTIONS

(a) Questions of a technical nature or questions related to the procurement must be submitted in writing by the prospective offeror via email to Kara.Evert@va.gov and Richelle.Gray@va.gov. The subject line must read: Brooklyn EHRM Infra Upgrades - Questions. Questions submitted by any other method will not be answered.

(b) The cutoff date and time for receipt of questions is February 11, 2026, at 1:00 PM ET. Formal responses to questions received before the cutoff will be provided via amendment to the solicitation on SAM.gov.

(c) No technical questions can be answered during the site visit walkthrough due to the possibility of misunderstanding or misinterpretation.

2.7 AMENDMENTS

Amendments to this solicitation will be posted at https://sam.gov/. Copies of the amendments will NOT be individually distributed, and no other notification of amendments will be provided. The offeror is https://sam.gov/ mailto:Kara.Evert@va.gov mailto:Richelle.Gray@va.gov https://sam.gov/ responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in the offer being deemed nonresponsive.

2.8 PREPARATION OF BIDS

(a) Bid preparation costs. The Government will not pay any costs incurred in the preparation and submission of bids in response to this solicitation.

(b) Bid submission.

(1) Bids must be based on solicitation documents issued for IFB number 36C77626B0002.

(2) Bids must be submitted via email to Kara.Evert@va.gov and Richelle.Gray@va.gov. Only emailed bids will be accepted. Bids submitted by any method other than email are not allowed and will be deemed nonresponsive and therefore ineligible for award.

(3) Bids must be received at or before the time and date specified.

(c) Bid package contents.

(1) Standard Form (SF) 1442. The offeror must complete and sign the “OFFER” section of the SF 1442 and include the company’s Unique Entity Identifier (UEI) associated with SAM.gov in block 14.

(2) Acknowledgement of amendments. The offeror must acknowledge and agree to all amendments by either (i) completing block 19 of the SF 1442, or (ii) returning the signed amendment form(s) with the submission.

(3) Price schedule. The offeror must complete the price schedule contained in this solicitation.

Offers must be firm fixed price and submitted in whole dollar values. The offeror must consider FAR 52.229-3, Federal, State, and Local Taxes (DEVIATION) and its Special Note in their pricing. The clause and note provide guidance on taxes being applied to pricing.

(4) Bid bond. The offeror must furnish a bid bond guarantee as stipulated in the solicitation (see section 1.2 and FAR 52.228-1).

(5) Representations and Certifications. By submitting its offer, the offeror verifies that, as of the date of its offer, its representations and certifications posted electronically in SAM for the provisions listed in FAR 52.204-7(c)(1) are current, accurate, and complete. The offeror’s representations and certifications in SAM are hereby incorporated by reference into its offer.

(6) FAR 52.209-7(b). The offeror must provide their response to item (b) in FAR 52.209-7, Information Regarding Responsibility Matters.

(7) FAR 52.209-12(b). The offeror must provide their response to item (b) in FAR 52.209-12, Certification Regarding Tax Matters.

(8) FAR 52.209-13(b). The offeror must provide their response to item (b) in FAR 52.209-13, Violation of Arms Control Treaties or Agreements—Certification.

(9) FAR 52.229-11(d). The offeror must provide their response to item (d) in FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation.

mailto:Kara.Evert@va.gov mailto:Richelle.Gray@va.gov

(10) VAAR 852.219-75. The offeror must complete and sign the certification in VAAR 852.219-75, VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction, and return it with their bid submission. The completed and signed certification will become part of the official award documentation. A copy of the clause to be completed and included with the bid is attached as a separate document (22 - 630A4-22-700 VAAR 852.219-75 LOS - Construction). Failure to return the entire clause, with the appropriate box marked, the offeror’s name entered, and the certification completed and signed, with the offeror’s bid will result in the offer being deemed nonresponsive and therefore ineligible for award.

(11) Notice to SDVOSB Joint Venture/Mentor-Protégé. Any offeror submitting a bid as a joint venture must provide a copy of the joint venture agreement, as well as a certification from the certified SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (i) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402, and (ii) will perform the contract in compliance with the joint venture agreement. Provide the UEI for each partner in the agreement. Failure to submit the agreement and certification with the offeror’s bid may result in the offer being deemed nonresponsive and therefore ineligible for award.

(d) Bid opening.

(1) The bid opening will be conducted via teleconference. An in-person bid opening will not be facilitated.

(2) Bids will be publicly read aloud via Microsoft Teams on the bid opening date at the specified time.

A Microsoft Teams link and call-in number will be announced via an amendment to the solicitation approximately seven calendar days prior to the bid due date.

(3) The bid abstract will be made available by request after the bid opening has been conducted. To receive a copy of the bid abstract, send the request to Kara.Evert@va.gov within 30 calendar days after the bid opening.

2.9 SDVOSB CERTIFICATION

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 bid submission and at the time of award. Offers received from entities that are not certified SDVOSBs will not be considered. Failure to be certified at the time of bid submission and at the time of award will result in the offer being deemed nonresponsive.

2.10 SYSTEM FOR AWARD MANAGEMENT

The FAR requires that federal contractors register in the System for Award Management (SAM) at https://sam.gov/ and enter all mandatory information into the system. In compliance with FAR 52.204-7, an offeror must have an active registration in SAM at the time an offer is submitted and at the time of award.

2.11 DEVIATION NOTICE (FEB 2025)

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 mailto:Kara.Evert@va.gov https://sam.gov/ solicitations, including 52.222-25, Affirmative Action Compliance, 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraphs (d) and (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

2.12 DETERMINATION OF NONRESPONSIVE

Bids received in response to this solicitation will be reviewed for responsiveness. Failure to provide documentation as outlined in the solicitation by the bid due date and time may result in the offer being deemed nonresponsive and therefore ineligible for award.

2.13 RESPONSIBILITY DETERMINATION

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 obtain 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. The Government may request additional information solely for the purpose of making a responsibility determination from all offerors after receipt of bids. These requests for information do not constitute discussions. Any information received by the Government that would be cause for a determination of nonresponsibility may deem the offeror ineligible for award.

2.14 VETS 4212

Title 38 U.S.C. 4212(d), codified at 41 CFR 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 https://www.dol.gov/agencies/vets/programs/vets4212. 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 confirmation email prior to awarding the contract.

2.15 PROJECT LABOR AGREEMENT

The use of a project labor agreement (PLA) for contractors and subcontractors engaged in construction on this project is required. In accordance with FAR 52.222-33 Alternate II and FAR 52.222-34 Alternate I, a PLA must be submitted after contract award. PLAs are NOT to be submitted with bids.

2.16 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) As prescribed in FAR 42.1102(e), the 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, Contractor Performance Assessment Reporting System (CPARS), which is maintained by the Naval Sea Logistics Center in Portsmouth, New https://www.dol.gov/agencies/vets/programs/vets4212

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.

(b) Each contractor whose contract award is estimated to exceed $900,000 is required to register with CPARS at http://www.cpars.gov/. Help in registering can be obtained by contacting the Customer Service Desk at cpars-helpdesk@us.navy.mil. Registration should occur no later than 30 days after contract award and must be kept current should there be any change to the contractor’s registered representative.

(c) 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 will be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have 30 days to submit any comments and re-assign the report to the VA Contracting Officer.

(d) Failure to have a current registration in CPARS or to re-assign the report to the VA Contracting Officer within those 30 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. The awardee will need to coordinate with the VA Medical Center concerning badging requirements. If the site requires an investigation, the contractor must follow VA Directive 0710.

2.18 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 must be replaced with “Contracting Officer’s Representative (COR).”

2.19 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION NOV 2025)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision) http://www.cpars.gov/ mailto:cpars-helpdesk@us.navy.mil

2.20 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY

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

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

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

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

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

(End of Provision)

2.21 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request.

If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and

(d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph

(c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.22 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.23 52.233-2 SERVICE OF PROTEST (SEP 2006) (DEVIATION NOV 2025)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.

(b) The copy of any protest must be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.24 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision—

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

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

Marginalized populations of Sudan means—

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

(b) Procedures.

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

(2) FASCSA Orders.

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

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

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

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

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

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

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

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

(f) Iran Representation and Certifications.

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

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

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

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

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

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

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

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

(g) Disclosure.

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov

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

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

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

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

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

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

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

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

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

(A) Brand;

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

(C) Item description, as applicable.

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

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

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

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

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

https://dibnet.dod.mil/

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

(End of Provision)

2.25 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.va.gov/oal/library/vaar/vaar852.asp

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT—REGISTRATION

(DEVIATION NOV 2025)

NOV 2024

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEVIATION NOV

2025)

DEC 2016

52.214-4 FALSE STATEMENTS IN BIDS APR 1984

52.214-5 SUBMISSION OF BIDS (DEVIATION NOV 2025) DEC 2016

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS APR 1984

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF

BIDS (DEVIATION NOV 2025)

NOV 1999

52.214-18 PREPARATION OF BIDS—CONSTRUCTION APR 1984

52.214-19 CONTRACT AWARD—SEALED BIDDING—CONSTRUCTION AUG 1996

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

52.222-33 NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT

ALTERNATE II (JAN 2024) (DEVIATION NOV 2025)

JAN 2024

52.223-1 BIOBASED PRODUCT CERTIFICATION (DEVIATION NOV 2025) MAY 2024

52.223-4 RECOVERED MATERIAL CERTIFICATION MAY 2008

52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) FEB 2021

852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST OCT 2020

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION OCT 2018

852.233-71 ALTERNATE PROTEST PROCEDURE OCT 2018

852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE

FEB 2023

2.26 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any VA Acquisition Regulation (48 CFR Chapter 8) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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…

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