Replace UST Leak Solicitation Final 36C26326B0016.pdf

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 55

36C26326B0016 X

03-02-2026

437-26-3-6688-0002

437-24-101

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

ATTN: Ben Woehrle

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

ATTN: Ben Woehrle

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Benjamin Woehrle 651-293-3071

Project Number: 437-24-101, Replace UST and Leak Detection POC: Ben Woehrle; benjamin.woehrle@va.gov; 651-293-3071

Contractor shall provide all tools, materials, equipment, labor, and supervision necessary in accordance with the construction documents for completion of the project. The purpose of this project is the removal and replacement of to replace existing UST’s (Underground Storage Tank) #1, #2, #3, #4, #8, existing AST’s (Aboveground Storage Tank) #4, and #5, along with existing #1, #2, #3, #4, #8, #9 and #10 UST interconnected below-grade piping systems on the Fargo VA campus including designing flexible spill containment liners, tertiary containment barriers, encasement barriers, waterproof manway covers, and Auto Tank Gauges (ATG) with integrated monitoring and reporting.

This solicitation is issued in accordance with Public Law 109-461, the Veterans Benefits, Healthcare Information and Technology Act of 2006, Sections 502 and 503, as a set-aside for Service Disabled Veteran Owned Small Business (SDVOSB) concerns. Pursuant to 38 USC 8127 (d), Veterans First Contracting Program, competition is restricted to SDVOSB construction firms, as there is an expectation that offers will be received by two (2) or more SDVOSB contractors under this solicitation. In accordance with VAAR 819.7003(b), at the time of submission of offers and prior to award of a contract, the offeror must represent to the Contracting Officer that it is a (1) SDVOSB eligible under VAAR 819.70; (2) small business concern under the NAICS code assigned to this acquisition; and

(3) listed as a verified SDVOSB in www.veterans.certify.sba.gov

The applicable NAICS Code for this acquisition is 236220 with a $45 million small business size standard. The magnitude of construction cost range is between $2,000,000 and$5,000,000.

See Contracting Officer's Special Information and Instructions for more information pertaining to this solicitation.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

10 525

X X 52.211-10

X 10 one 2:00pm CST

03-10-2026

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

CLIN 0001 Base Bid ________

437-3660162-6688-854200-3220 23NR3WA30

Purchase Order Number - TBD

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

ATTN: Ben Woehrle

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Y

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

PO BOX 149971

AUSTIN TX 78714-9971

Eric Reis

VA-VHA-RPOC-2023-0101

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

ITEM INFORMATION

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION)

(NOV 2025)

2.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (DEVIATION) (NOV 2025)

2.3 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (DEVIATION) (NOV 2025)

2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.6 52.233-2 SERVICE OF PROTEST (DEVIATION) (NOV 2025)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JAN 2025)

3.2 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

GENERAL CONDITIONS

4.1 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

4.2 52.223-20 AEROSOLS (MAY 2024)

4.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

4.6 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (DEVIATION) (NOV 2025)

4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.8 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

4.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..48

4.11 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.12 52.223-21 FOAMS (MAY 2024)

4.13 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES

INCORPORATED BY REFERENCE (JAN 2008)

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

0.00 jb _______________

Replace UST and Leak Detection 437-24-101, Fargo needs to replace existing UST’s (Underground Storage Tank) #1, #2, #3, #4, #8, existing AST’s (Aboveground Storage Tank) #4, and #5, along with existing #1, #2, #3, #4, #8, #9 and #10 UST interconnected below-grade piping systems on the Fargo VA campus including designing flexible spill containment liners, tertiary containment barriers, encasement barriers, waterproof manway covers, and Auto Tank Gauges (ATG) with integrated monitoring and reporting. Environmental assessments, soil boring tests and geotechnical drilling at four VA site locations required, along with compliance with physical security and resiliency standards for intrusion and blast protection.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1DZ - Construction of Other Hospital Buildings

GRAND TOTAL _______________

CONTRACT AWARD

Award may only be made with 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 that it is “a fair and reasonable price that is most advantageous to the Government.”

CONTRACTOR'S SIGNATURE

Contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows (see FAR 4.207):

a) Individuals. Signed by the individual. Individual doing business as a firm.

Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as __________________ (insert name of firm)".

b) Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.

Rev 2 01/27/2026

c) Corporations. Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.

d) Joint Ventures. Signed by each participant in the joint venture in the manner prescribed in (a) through (c) above.

e) Agents. When an agent is to sign the contract, other than as stated in paragraph (a) through (d) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

SITE VISIT

The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigation and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors are urged and expected to inspect the site where the work will be performed.

An organized site visit have been scheduled for 9:00 AM (CT) on March 9, 2026, at the Fargo VA Health Care System, 2101 Elm Street North, Fargo, ND, in building 1, room BD-95 (Engineering Breakroom/Conference Room).

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.

TECHNICAL QUESTIONS AND INQUIRIES

Questions of a technical nature and inquiries concerning this solicitation must be provided in writing and shall be submitted by the prospective offerors to the Contracting Officer, Eric Reis. Questions shall be submitted only via email to:

Benjamin.woehrle@va.gov. The subject line must read: 437-24-101 Replace UST and Leak Detection Questions. Telephone inquiries will not be accepted. Questions, inquiries, or such are due no later than March 16, 2026, at 10:00 AM (CT). No late questions will be accepted or answered after this deadline. All questions will be answered and/or responded to via an amendment after the closing date.

YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACT

SPECIALIST OR CONTRACTING OFFICER ISSUING THE SOLICITATION ABOUT

ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.

BIDDING MATERIAL

Bidding materials consisting of Invitation for Bids, drawings, specifications, and contract forms will be available on https://sam.gov in electronic format only. All interested parties (subcontractors & primes) should register at https://sam.gov as an “Interested Vendor” so that others will know of your interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contracting Officer.

Amendments to the 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. By registering to “Receive Notification,” you will be notified by email of any new amendments that have been issued and posted. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior https://sam.gov/ https://sam.gov/ to the time for receipt of offers. Failure to acknowledge an amendment may result in the offeror’s bid being considered non-responsive.

PREPARATION OF BIDS

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

BID SUBMISSION DOCUMENTS

Files should be in Adobe* PDF (Portable Document Format) Files: Size: Maximum size of the e-mail message shall not exceed five (5) megabytes. If the size limits are exceeded, the VA may not receive the file and/or you may not be considered.

Only one email is permitted. This email should contain at least the following:

• Standard Form (SF) 1442 Solicitation, Offer, and Award: The offeror shall complete and sign the “OFFER” section of the SF 1442. Please include your company’s Unique Entity Identifier associated with SAM.gov in Block 14.

• Acknowledgement of All Amendments: The offeror shall agree to and acknowledge all amendments by either 1.) completing block 19 of the SF 1442, or 2.) returning the signed amendment form(s) with the submission, or 3.) an acceptable method of amendment acknowledgement.

• Price Schedule: The offeror shall complete the Price Schedule which is provided with the solicitation.

• Bid Guarantee: The offeror shall furnish a bid guarantee (see FAR 52.228-1).

The bid guarantee shall be provided on Standard Form 24. The Power of Attorney document will be included with the bid guarantee.

• Tax on Certain Foreign Procurements – Notice and Representation: The offeror shall provide their response to FAR 52.229-11 (d).

• Information Regarding Responsibility Matters: The offeror shall provide their response to FAR 52.209-7 (b).

• Certification Regarding Responsibility Matters: The offeror shall provide their response to 52.209-5(a)(1)(i)(A) , (B), (C), and (D).

• Violation of Arms Controls Treaties or Agreements: The offeror shall provide their response to FAR 52.209-13 (b) Certification.

• Post Award Small Business Program Representations: The offeror shall provide their response to FAR 52.219-28 (h), If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract.

• 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 bid submission. A copy of the clause to be completed and included with the bid is attached as a separate document (VAAR 852.219-75 Limitations on Subcontracting-Cert of Compliance_JAN 2023 [DEVIATION] - 2pages). The completed and signed form will become part of the official award documentation.

DELIVERY OF BIDS

In accordance with FAR 14.209(c), send all submission documents via email to the Contract Specialist, Ben Woehrle, at benjamin.woehrle@va.gov by 2:00 pm (CT), March 31, 2026. The subject line must read: PN: 437-24-101 Replace UST and Leak Detection.

mailto:benjamin.woehrle@va.gov

Bids received after this time may be rejected. Bidders are responsible for ensuring and verifying their bid and all required bid documents are received at the email address designated in block eight (8) of the SF 1442 solicitation and by the date and time specified in block thirteen (13)a of the SF 1442 solicitation (subject to amendment).

BID OPENING

There will not be a face-to-face public bid opening. All Contractors providing an electronic bid submission must still meet all requirements listed under “Bid Submission Documents” in the solicitation. The bid opening and public reading of the bids will be via teleconference. Bidders may call 1-205-235-3524,,611062594# on Tuesday, March 31, 2026, at 2:00 PM (CT) and enter participant code 611 062 594# to join. To join via Microsoft Teams, the Meeting ID is: 271 748 687 435 50, passcode: d9WH3bK9

The bid submission emails will be kept in an electronic folder unread until the stated date and time at which time they will be opened and read to the public.

INFORMATION REGARDING BID GUARANTEE AND BONDS

Offerors are to ensure the most current version of SF24, SF25, and SF25A bond forms are used. Current versions of these forms can be found and downloaded from the GSA Forms Library (https://gsa.gov/reference/forms).

A bid guarantee (SF24) is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. A copy of the bid guarantee shall be submitted as part of the electronic submission and the original hard copy of the bid bond shall be retained by the Contractor.

Failure to provide electronic bid guarantee by the date and time set for receipt of bids may deem the bid non-responsive.

Performance bond (SF25) and payment bond (SF25A) in the penal sum of 100% of the awarded contract amount shall be submitted within ten (10) calendar days after award to the Contracting Officer for approval. Commencement of construction is contingent upon approval of required bonds. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

DETERMINATION OF NON-RESPONSIVE

Bids received pertaining to this solicitation will be reviewed for responsiveness. Failure to provide documentation as outlined in the Bid Submission Documents section of the solicitation by the date and time set for receipt of bids may deem the bid non-responsive.

Any exception to the terms and conditions of this Invitation for Bid (IFB) will result in a nonresponsive bid.

Failure to provide a definitive price will result in a nonresponsive bid.

https://gsa.gov/reference/forms

DETERMINATION OF RESPONSIBILITY

A Determination of Responsibility will be conducted for the apparent low bidder/awardee prior to award of the project. The above information, along with other information obtained from Government systems, such as, but not limited to the OSHA and EPA online inspection history databases, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility. Note: Any information received by the Government that would be cause for a negative Determination of Responsibility may make the offeror ineligible for award.

The winning bidder must be determined as "responsible" by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications.

To be determined responsible, a prospective contractor must –

• Have adequate financial resources to perform the contract, or the ability to obtain them.

• Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

• Have a satisfactory performance record.

• Have a satisfactory record of integrity and business ethics.

• Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

• Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Note: The contracting officer shall obtain information regarding the responsibility of the prospective low bidder, including requesting pre-award surveys, when necessary, promptly after a bid opening in accordance with FAR 9.105-1—Obtaining Information.

The prospective low bidder shall be prepared to provide documentation to support this determination within two business days following bid opening.

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 (https://www.dol.gov/vets/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 email confirmation of receipt notification prior to awarding the project.

SYSTEM FOR AWARD MANAGEMENT (SAM)

https://www.dol.gov/vets/vets4212

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database (https://sam.gov) and enter all mandatory information into the system. Offerors are required to be registered in SAM at the time an offer is submitted in order to comply with the annual representations and certifications requirements (see FAR 52.204-7).

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)

As prescribed in Federal Acquisition Regulation (FAR) Part 42.1102(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 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 Seal Logistics Center in Portsmouth, Virginia.

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 (https://cpars.gov) Help 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.

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 the awardee will need to coordinate with the VA Medical Center concerning badging requirements.

https://cpars.gov/

HHS/OIG EXCLUSIONS

To ensure the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Exclusions Database – U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG), List of Excluded Individuals/Entities on the website (https://exclusions.oig.hhs.gov) for each person providing services under this contract.

Further the Contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are NOT listed.

During the performance of this contract the contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

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).”

PRE-CONSTRUCTION CONFERENCE

Before any work is started, a Pre-Construction Conference between the Contractor, Contracting Officer, and Project Engineer will be arranged through the Contracting Officer.

Such matters as work commencement, sequence of work, estimated time for accomplishment, subcontractor information, and the overall responsibilities of the Contractor, Contracting Officer, and Project Engineer in the fulfillment of all aspects of the contract will be discussed.

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".

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(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)

2.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR

AGREEMENTS—CERTIFICATION (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 https://www.sam.gov/ 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/

_____ (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 there may have been such activity, 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 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 noncompliance 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) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of Provision)

2.3 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

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

(End of Provision)

2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—

SECONDARY SITE OF THE WORK (DEVIATION) (NOV 2025)

(a)(1) The offeror shall 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 shall 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 shall 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)

2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—

CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (DEVIATION) (NOV 2025)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Eric Reis, Contracting Officer eric.reis@va.gov

Hand-Carried Address:

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Mailing Address:

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

ATTN: Eric Reis, eric.reis@va.gov

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

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

(End of Provision)

2.7 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/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

2.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

(End of Provision)

FAR

Number

Title Date

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL

BUSINESS)

OCT 2014

52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS NOV 2025

(DEV)

52.214-4 FALSE STATEMENTS IN BIDS APR 1984

52.214-5 SUBMISSION OF BIDS NOV 2025

(DEV)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS APR 1984

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS

NOV 2025

(DEV)

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

FAR

Number

Title Date

52.223-1 BIOBASED PRODUCT CERTIFICATION NOV 2025

(DEV)

52.223-4 RECOVERED MATERIAL CERTIFICATION NOV 2025

(DEV)

52.228-1 BID GUARANTEE SEP 1996

52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE)

FEB 2021

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JAN 2025)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)—

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract (e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract (e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract (e.g., an order set aside for a WOSB concern under the part of…