RFP 36C26026R0109.docx

36C26026R0109

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.

36C26026R0109

X 08-04-2026

668-25-105 36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Quyen Mai 360-816-2791 Construction NRM Project 668-25-105 Replace Grease Traps Located at the Mann-Grandstaff VA Medical Center, 4815 N Assembly St, Spokane, WA 99205

Contractor to provide all necessary labor, materials, supplies, services, and equipment to complete all work in accordance with the statement of work and attached specifications and drawings and other documents.

This procurement is 100% open market, unrestricted.

Proposals must be submitted by email to Quyen.Mai@va.gov and Dennis.Einarson@va.gov, no later than the time and date specified in Block 13. Proposals submitted by any other means will not be accepted. Questions must be submitted by 10:00 AM PST on 08/18/2026 to Quyen.Mai@va.gov and Dennis.Einarson@va.gov. Any question answered by other than an RFP amendment providing question and answer to all interested parties have no bearing on this RFP.

This acquisition will use best value tradeoff source selection procedures in accordance with FAR (Overhaul) Part 15, based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government with appropriate consideration given to the non-price and price factors.

IAW VAAR 836.204, the magnitude of this construction is between $250,000.00 and $500,000.00 The NAICS Code for this procurement is 238220, Plumbing, Heating, and Air-Conditioning Contractors.

Note: Any and all FAR or VAAR clauses listed in supporting documentation, e.g. specifications, are strictly for reference only and do not supersede, replace, or enhance those clause or provisions, in fuller reference, included in the solicitation or contract. FAR and VAAR clauses or provisions found in the solicitation or contract prevail.

Additionally, any references to "bid" and "bidder" shall be interpreted as "offer" or "offeror" in accordance with acquisition procedures and definitions of FAR Part 15. This project does not require any specific brands of any items, equipment, fixtures, etc. Any reference of a brand name shall be interpreted as “brand name or equal.”

“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."

10:00 AM

PDT

08-28-2026

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

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The Contractor shall provide construction services to include labor, materials, tools, equipment, transportation, supervision, and other services necessary for Project 668-25-105, Replace Grease Traps at the Mann-Grandstaff VA Medical Center.

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

This acquisition will use best value tradeoff source selection procedures in accordance with FAR (Overhaul) Part 15, based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government with appropriate consideration given to the non-price and price factors. This acquisition is a 100% Open Market, Unrestricted.

The following items are required to be submitted with the proposal for the proposal to be determined acceptable. It is the responsibility of each offeror to ensure that its proposal reaches the designated point of submission in a timely manner. Proposals received that do not provide all requirements of the solicitation may be deemed unacceptable and removed from further consideration at the discretion of the Government.

1. Standard Form (SF) 1442, completed and signed. Note: Contractor’s signature shall be in accordance with FAR (Overhaul) Part 4.102 (e.g., proper signature and format of person who is able to bind an individual, partnership, corporation, etc.).

2. Amendment(s). All solicitation amendments must be acknowledged in accordance with FAR (Overhaul) Clause 52.212-4 52.215-1(b). Acknowledgement of All Amendments: The Offeror shall acknowledge all amendments.

3. A Bid Guarantee, SF 24, is required. The Offeror must furnish a bid guarantee (see FAR (Overhaul) 52.228-1). The bid guarantee must be provided on Standard Form 24.

4. Complete Technical Proposal Volume 1. A complete Volume 1 Technical and Past Performance Proposal addressing each Factor needs to be submitted per the submission requirements.

5. Complete Price Proposal Volume 2. A complete Volume 2 price proposal shall be submitted per the submission requirements.

· Offerors shall submit a completed and signed SF 1442.

· Offerors are recommended to submit other pricing information that assists the Government in evaluation.

6. Information Regarding Responsibility Matters:

The Offeror must provide their response to FAR (Overhaul) 52.209-7(b).

7. Violation of Arms Control Treaties or Agreements:

The Offeror must provide their response to FAR (Overhaul) 52.209-13(b) Certification.

8. Post-Award Small Business Program Representation:

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

9. Notice to SDVOSB Joint Venture/Mentor Protegee:

Any Offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and (2) will perform the contract in compliance with the joint venture agreement. Failure to properly certify is a material defect; if not certified, offeror is ineligible for award.

10. Divisional Price Breakout.

Offer shall complete the price schedule division breakout found at Attachment 6 of the solicitation.

11. Contractor Rules of Behavior.

Offers must complete the Contractor Rules of Behavior as required by VA Handbook 6500.6. offers must initial and date each page and can be found at Attachment 5 of the solicitation.

1.1 OVERVIEW

The intent of this solicitation (please note that the words solicitation and request for proposal (RFP) may be used synonymously throughout the solicitation documents) is to select one contractor to provide professional construction services in accordance with the attached documents. The period of performance is 120 calendar days from the issuance of the Notice to Proceed.

1.2 INSTRUCTIONS FOR PROPOSAL PREPARATION AND SUBMISSION

1.2.1 These instructions prescribe the format and other essential information for preparation/development and presentation of proposal data to ensure the submission of necessary information for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete.

1.2.2 Proposal submission should be in PDF Format compatible with the latest version of Adobe Acrobat. Offeror’s proposals shall be submitted in two (2) separate Volumes: Volume 1 – Technical and Past Performance Proposal and Volume 2 – Price/Cost Proposal with strict adherence to the format, data, and other requirements of this Solicitation. Please title files in the following format:

· Solicitation Number Company Name Volume 1 Technical and Past Performance Proposal

· Solicitation Number Company Name Volume 2 Price Proposal

1.2.3 Written proposals shall be prepared on standard 8.5 x 11-inch paper (charts may be landscaped but must be on 8.5 x 11-inch paper), text lines shall be single-spaced and shall have a font size no smaller than Microsoft Word Times New Roman 11-point font. Type that is smaller will be considered illegible. All pages of each proposal shall be appropriately numbered and identified with the RFP number. For ease of reviews, consecutive page numbering is required.

1.2.4 Indexing: Each Volume shall contain a “Table of Contents” for that volume. The “Table of Contents” shall identify major areas, paragraphs and subparagraphs by number and title as well as by page number and volume locations.

1.2.5 Offerors responding to this Solicitation with a proposal to provide the work set forth in the Solicitation documents should limit submissions to data essential for evaluation of proposals, so that a minimum of time and monies will have been expended in preparing information required herein. However, failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP shall be deemed nonresponsive.

Offerors are reminded of their responsibility to submit a proposal that is orderly and sufficiently documented that will enable the Government to easily understand and perform a thorough and fair evaluation. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged. In order to be effectively and equitably evaluated, the proposals must include sufficiently detailed information to clearly address all of the evaluation criteria factors described in the Solicitation.

Offerors must comply with all detailed instructions in this Solicitation for format and data content of the proposal. Proposals that do not comply with the detailed instructions for the format and data content of the proposal may be considered technically unacceptable and may render the Offeror ineligible for award.

Offerors must provide a list of a minimum of three (3) and a maximum of five (5) recent (defined as within the last 5 years from the date of solicitation issuance) that are similar in size, scope, and complexity. At least two (2) projects should demonstrate experience with work to remove and replace grease traps.

Offeror shall use the attached form titled “Past Performance/Experience Questionnaire” (PPQ) form to obtain information from at least three (3) of the five (5) projects listed above. Completed Contractor Performance Assessment Reports (CPARS) may be submitted in lieu of a PPQ where available. The PPQ identifies mandatory information; failure to provide that information may result in the PPQ not being considered for evaluation. The Offeror shall identify the required projects and submit completed PPQs using the VA-provided form to ensure consistency of information.

The proposal must demonstrate a clear connection between the entity performing the work under this solicitation and the entity whose past performance is being submitted. If an Offeror relies on an affiliate (such as a parent company, subsidiary, or joint venture partner) or a proposed subcontractor to demonstrate past performance, the proposal must clearly describe the relationship and the extent to which that affiliate or subcontractor will participate in contract performance in order to receive credit.

**ALL PROPOSALS MUST BE SUBMITTED ELECTRONICALLY; NO HARD COPY OR FACSIMILE PROPOSALS WILL BE ACCEPTED**

1.3 FORMAL COMMUNICATIONS

The following Points of Contact (POC) are provided for this acquisition. Address any questions or concerns you may have to both listed POCs via email with the subject line Project 668-25-105 – 36C26026R0109 – Replace Grease Traps, no later than 08/26/2026, at 10:00 AM (PST). The government is not obligated to answer any questions submitted after this date. Furthermore, all questions shall be submitted by the prime contractor(s) on behalf of their subcontractor(s) and supplier(s). Questions submitted by subcontractors and/or suppliers directly to the POCs above Not will be rejected and not answered.

Clarifications and answers will be provided only in response to written requests for clarification and will be made available to all Offerors simultaneously by Amendment to this solicitation. Written requests for clarification should be emailed to the addresses indicated below. The government assumes no responsibility for non-delivery due to problems with email servers, and no extensions will be granted for these issues.

Quyen Mai Contract Specialist Quyen.Mai@va.gov

Dennis Einarson Contracting Officer Dennis.Einarson@va.gov

1.4 PRE-BID SITE VISIT

A formal site visit has been scheduled for this project. This will be the only opportunity for potential Offerors to visit the site. All potential Offerors, subcontractors, and suppliers are strongly encouraged to attend this site visit.

Site Visit Information Date: 08/11/2026 Time: 10:00 AM – 11:00 AM PST Location: Mann-Grandstaff VA Medical Center

1.5. EVALUATION FACTORS

This acquisition will use best value tradeoff source selection procedures in accordance with FAR (Overhaul) Part 15, based on the best overall (i.e., best value) proposal determined to be the most beneficial to the Government with appropriate consideration given to the non-price and price factors.

The following factors will be used to evaluate each proposal:

Factor 1: Technical Approach Factor 2: Past Performance Factor 3: Price Factors 1 and 2 are of approximately equal importance and when combined, are significantly more important than price (Factor 3).

VOLUME 1 – TECHNICAL AND PAST PERFORMANCE PROPOSAL

Factor 1: Technical This factor will evaluate the Offeror’s narrative describing its approach for accomplishing the work identified in the Statement of Work (SOW) and project documents. The Offeror shall provide sufficient details to demonstrate a clear understanding of the project requirements, constraints, and risks, and to describe the specific methods, procedures, resources, and sequencing it will use to complete the work successfully.

The Offeror must do more than restate the requirements; it must demonstrate in detail how it will meet those requirements through a well-defined and feasible approach. Generic statements indicating the ability to perform the work without supporting explanation will be evaluated as lacking sufficient detail or understanding.

The Government will evaluate the extent to which the narrative:

· Is logical and free of contradictory or conflicting information.

· Describes an approach to resourcing, organizing, and communicating on the proposed project that is consistent with requirements in the project description.

· Provides a level of detail and specificity to this project that demonstrates the Offeror understands the requirements in the attached SOW, specifications, and drawings.

· Reduces the risk of unsuccessful contract performance.

· Is realistic and achievable, e.g., does the Offeror’s stated technical approach to include their overall structure and management of their project team correlate to a high probability of success during contract performance?

· The approach minimizes impact and disruption to clinical operations.

Factor 2: Past Performance The evaluation will consider recency, relevancy, and quality of past performance, which are combined to establish an overall performance assessment for each Offeror. The evaluation will be based on projects submitted by the Offeror and any relevant past performance information available from Government sources. If fewer than three (3) PPQs or CPARSs are received, the Government will evaluate all available PPQs, CPARS, and other relevant past performance information.

If an Offeror does not have any past performance record, a neutral rating will be assigned for this evaluation factor.

Sources of Past Performance Information for Evaluation are as follows:

· Offeror-Provided Information: The Offeror shall identify the required projects and submit completed PPQs using the VA-provided form to ensure consistency of information

· Other Available Sources: The Government may obtain and consider past performance information from any available sources, such as the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), interviews with Program Managers, CORs, and Contracting Officers. Technical evaluators and the Contracting Officer may also use personal knowledge of the contractor’s prior VA contracts to assist with the evaluation.

Recency:

Each past performance submission will be assessed either as recent or not recent. To be considered recent, projects provided must be completed or are at least 75% complete, within the past five (5) years, as of the issue date of the solicitation. A project is defined as work performed under a single task order or contract.

Relevancy:

Each past performance submission will be assessed either as relevant or not relevant.

To be considered relevant, submitted projects must be at least 75% complete, similar in scope, complexity, size and cost or price to the solicitation requirement.

The proposal must demonstrate a clear connection between the entity performing the work under this solicitation and the entity whose past performance is being submitted. If an Offeror relies on an affiliate (such as a parent company, subsidiary, or joint venture partner) or a proposed subcontractor to demonstrate past performance, the proposal must clearly describe the relationship and the extent to which that affiliate or subcontractor will participate in contract performance in order to receive credit Quality of Performance:

The final aspect of the past performance evaluation is to determine how well the contractor performed on the contracts.

The Evaluation Team will review this past performance information and determine the quality and usefulness as it applies to performance confidence assessment.

Past Performance Confidence Assessment:

Offerors will receive an integrated past performance rating at the factor level.

Proposals may be rated higher for the performance confidence assessment if they include projects that demonstrate any of the following:

1. If the Offeror is a JV, recent and relevant projects where the JV entities have previously worked together may be considered more favorably than a JV where the entities have not previously worked together.

1. Projects demonstrating the past performance of the Offeror or JV entities (i.e. self-performed work) may be more highly rated than projects demonstrating the past performance of proposed subcontractors. Relevant past performance of parent companies or affiliates will be considered equivalent to past performance of the Offeror only if the proposal clearly demonstrates the connection between the affiliate's proposed role on the solicitation project and the role of the affiliate on the past performance submitted.

1. Projects where the Offeror demonstrates recent and relevant construction past performance with The Department of Veterans Affairs, Veterans Health Administration (VHA), may be more highly rated than recent and relevant construction past performance with entities outside of VA VHA.

VOLUME 2 – PRICE PROPOSAL

Factor 3: Price Price reasonableness analysis will be performed by the Government to determine that the proposal prices offered are complete, fair, and reasonable. Price reasonableness will be determined in accordance with FAR (Overhaul) 15.202(d). Normally, competition establishes price reasonableness. Comparison of the proposed prices is expected to satisfy the requirement to perform a price analysis, however, the Government may, if necessary, request and analyze the Offeror’s price breakdown to establish reasonableness of an otherwise successful Offeror’s price.

For purposes of award, the total evaluated price will include the total price noted in the price schedule.

EVALUATION PROCESS AND FINAL SELECTION

The Government will review each timely proposal received to ensure it conforms to the solicitation requirements. The proposals that conform to the solicitation requirements will be evaluated, starting with Volume 1, Technical and Past Performance Proposal. Proposals that are not timely or do not conform to the solicitation requirements will not be evaluated nor considered for award.

The Government will perform a multi-step evaluation:

· First, the Government will evaluate proposals under Factor 1, Technical. An offeror’s proposal will not be evaluated under the other evaluation factors or considered for award where the proposal is rated as Unacceptable under Factor 1, Technical.

· Next, the Government will evaluate proposals under Factor 2, Past Performance. An offeror’s proposal will not be further evaluated under the remaining evaluation factor or considered for award where the proposal is rated as No Confidence under Factor 2, Past Performance.

· Finally, the Government will evaluate proposals under Factor 3, Price.

Once evaluations are complete, the Source Selection Authority (SSA) will determine the Offeror’s proposal that is most beneficial to the Government, which may include awarding to a higher-priced proposal with a significantly higher-rated technical proposal in accordance with FAR (Overhaul) Part 15.

The Government intends to evaluate proposals and award a contract without negotiations with offerors (except clarifications as described in FAR (Overhaul) 15.202(b)). The Government reserves the right to conduct negotiations if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly evaluated proposals.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

As prescribed in 12.205(b)(3), insert the following clause:

Terms and Conditions—Commercial Products and Commercial Services (Deviation Date)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. See 52.246-12.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. See 52.243-4 or 52.243-5, whichever is inserted in this contract.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. See paragraph (m)

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause.

(1) Right to Terminate: The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor. If the Contractor refuses or fails to prosecute the work or any separable part with the diligence that will ensure completion within the time specified in this contract, including any extensions, or fails to complete the work within such time, the Government may, by written notice, terminate the Contractor’s right to proceed with the work (or the portion of the work that has been delayed). In such event, the Government may take over the work and complete it by contract or otherwise and may take possession of and use any materials, appliances, or plant located at the work site that are necessary to complete the work.

(2) Liability: The Contractor and its sureties shall be liable for any damages to the Government resulting from the Contractor’s refusal or failure to complete the work within the required performance period. This liability includes any increased costs incurred by the Government in completing the work, whether or not the Contractor’s right to proceed is terminated.

(3) Excusable Delay: The Contractor’s right to proceed shall not be terminated nor charged with damages under this clause if the delay arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Such causes include, but are not limited to:

(i) Acts of God or of the public enemy;

(ii) Acts of the Government in either its sovereign or contractual capacity;

(iii) Acts of another contractor in the performance of a Government contract;

(iv) Fires;

(v) Floods;

(vi) Epidemics;

(vii) Quarantine restrictions;

(viii) Strikes;

(ix) Freight embargoes;

(x) Unusually severe weather; or

(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond their control and without their fault or negligence.

To obtain relief, the Contractor must notify the Contracting Officer in writing of the causes of delay within 10 days from the beginning of the delay (unless the Contracting Officer extends this period). The Contracting Officer shall determine the facts and extent of the delay; if warranted, the time for completion shall be extended. The Contracting Officer’s findings are final and conclusive, subject to appeal under the Disputes clause.

(4) Wrongful Termination Treated as Convenience: If, after issuing a notice of termination for cause, the Government determines that the Contractor was not in default or that the delay was excusable, the termination shall be treated as a termination for the convenience of the Government.

(5) Effect on Other Rights: This clause supplements, but does not diminish, the Government’s rights under paragraph (l) Termination for the Government’s Convenience of this provision. The Government shall not be liable for payment for any supplies or services not accepted, and the Contractor shall remain liable for all remedies available at law or in equity.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. See 52.246-21.

(p) Reserved.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

2.2 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)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (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 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)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 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 2,000,000, 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)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)