S02 36C24426B0010 542-23-201 06012026.docx

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.

36C24426B0010 X

06-01-2026

542-23-201 00244 Department of Veterans Affairs Network Contracting Office 4

CVAMC

1400 Blackhorse Hill Road Coatesville PA 19320 See attached delivery schedule

Vanessa Chmielewski 484-641-0594 Project 542-23-201 | Replace Roof Bldg 69 and 139 This project entails the complete replacement of the pitched shingles roof and EPDM flat roof Buildings 69 and 139 at the Coatesville VA Medical Center. This includes roofing, lightning protection and flashing.

Prior to commencement of work, general contractor shall provide proof that an OSHA certified "competent person' (CP) will maintain a presence at the work site whenever the general or subcontractors are present.

This project is 100% set-aside for Service-Disabled Veteran-Owned Small Business Concerns. Bidders must be verified as SDVOSB per SBA Veteran Small Business Certification (VETCERT), https://veterans.certify.sba.gov/ website.

This solicitation is issued under the authority of 38 U.S.C. 8127 Total Service-Disabled Veteran-Owned Small Business Set-Aside. The small business size standard is $45 million. North American Industry Classification (NAICS) Code for this project is 236220.

Magnitude of construction is between $1,000,000 and $5,000,000.

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.

Site visit will take place at Building 70 on Wednesday, June 10, 2026 at 10 A.M. Drones are optional, but a drone checklist, included in attachments, must be sent to vanessa.chmielewski@va.gov by Tuesday 6/9/26 to participate.

Contractor RFIs are due June 17, 2026. VA will respond to RFIs on/or about 6/24/2026 through amendment.

Virtual Bid opening will be 7/2/2026 at 12:00 PM EDT. Bids will be accepted via email ONLY to vanessa.chmielewski@va.gov To join bid opening on Microsoft Teams Meeting ID: 238 816 442 443 887 Passcode: AR6AC262 Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office Designated in the invitation for bid (IFB) by the time specified in the IFB.

X X

52.211-10 X

12:00

EDT

07-02-2026 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

00244 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429

Table of Contents

COST/PRICE BID SCHEDULE

CLIN 0001. BASE PRICE: Scope of Work description.

Project 542-23-201, ITEM I, General Construction: Work includes demolition, abatement, repair, and replacing of the roof of buildings 139 and 69 at the Coatesville VA Medical Center. This includes the pitched roof of building 139, the flat roof of building 139, and the flat roof of building 69.

LUMP SUM BASE BID: $ ____________

Project Understanding

The construction site is located at the southwest intersection of East Kings Highway and North Caln Road, outside the incorporated limits of Coatesville in Chester County. The site is an existing VA Medical Center known as the Coatesville VA Medical Center. This project shall include design service for a demolition, abatement, repair, and replacing of the roof of buildings 139 and 69 at the Coatesville VA Medical Center. This includes the pitched roof of building 139, the flat roof of building 139, and the flat roof of building 69.

Building 139: Patient Dining Hall

The contractor’s responsibility for abatement of any asbestos, lead, and other hazardous materials and the replacement and repair of the roof of Building 139 in its entirety including both the pitched asphalt shingle and the flat (low slope) EPDM roofing. This will also include the protection and preservation of the existing facilities.

There are skylights on the flat (low slope) EPDM roof that were to be removed. The existing skylights will be removed in their entirety. The remaining voids left by the existing skylights will now be in filled and covered with roofing membrane. The existing lightning protection will be removed and replaced with code compliant protection equipment.

This project will provide complete and functional systems in accordance with the Department of Veterans Affairs (VA) requirements, Technical Information Library (https://www.cfm.va.gov/til/spec.asp), industry standards and all applicable code requirements. This applies to each system and every system, which is affected by this project, even if only partially modified. The systems and equipment will maximize energy efficiency to the extent practical.

· The contractor is to fully demolish the current pitched asphalt shingled roof of Building 139 as well as the flat (low slope) EPDM roof section covering the building space.

· The contractor is to develop phasing plans with assistance from the CVAMC to phase temporary relocation of refrigerated and frozen goods within the existing kitchen that is utilizing existing walk-in cooler and freezers when the roof curbs for the freezers’ condensing units are being installed.

· The contractor is to provide plans for new curb rails for equipment with proper maintenance clearances taken into amount of 12 inches above the EPDM roof and install them.

· The contractor is to repair damage due to leakage and age as needed and required for Building 139’s roof structure. This includes but is not limited to roof decking, roof supports, or other structural components.

· The contractor is to replace the pitched asphalt shingle roof as well as the flat (low slope) EPDM roofing of Building 139 with proper adherence to the pitch diagrams in the drawings to ensure proper drainage.

· The contractor is to remove the current lightning protection on the roof and replace it with code complaint lightning protection equipment for Building 139 as a full replacement.

· The contractor is to remove the skylights above the dining hall space in Building 139 their entirety. The voids in the roof where the skylights currently are located will be infilled and have added roofing material applied over the substrate matching the roofing deck and supports adjacent to the voids.

· The contractor is to remove the existing sconce lighting in the skylight lightwell, with remaining surfaces patched and repaired as necessary. New pendant fixtures are to be installed in the existing lightwell utilizing existing circuitry. The drywall areas adjacent are to be repainted as noted in construction documents.

· The contractor is to install new EPDM protection walking pads to access required equipment upon the roof.

· The contractor is to remove two trees alongside the building that have their limbs resting on or hanging over the roof of Building 139 as denoted in the construction documents.

· The contractor is to protect the integrity of the equipment that is to be preserved on the roof that will be removed and reinstalled to replace the roof of Building 139.

· The contractor is to investigate the space for asbestos, lead, and any other harmful materials. The contractor will create a plan to abate it within Building 139’s construction zone as applicable and intact such plan.

Building 69: Physical Medicine and Rehabilitation, KT, OT, PT, Audiology, Speech, Prosthetics

For building 69, the contractor will fully encompass the abatement of any asbestos, lead, and other hazardous materials and the replacement and repair of the roof of Building 69 in its entirety but not limited to its flat (low slope) EPDM roofing. This will include the protection and preservation of the existing facilities.

There is dunnage on the flat (low slope) EPDM roof that will be removed and the area around it repaired while considering the structural integrity of the roof when performing this task. The lightning protection of the building will be removed and replaced with code required protection equipment.

The Coatesville VAMC has identified existing exhaust fans that are no longer in service which will be removed. Any voids remaining will be infilled and covered with roofing material.

The glazed natatorium will have targeted repairs identified to further ensure it is watertight.

This project will provide complete and functional systems in accordance with the Department of Veterans Affairs (VA) requirements, Technical Information Library (https://www.cfm.va.gov/til/spec.asp), industry standards and all applicable code requirements. This applies to each system and every system, which is affected by this project, even if only partially modified. The systems and equipment will maximize energy efficiency to the extent practical.

· The contractor is to demolish the current flat (low slope) EPDM roof of Building 69 while preserving the integrity of the building.

· The contractor then will replace the (low slope) EPDM roofing of Building 69 as well as any damaged equipment or structure damaged during demolition. All new installed roofing by the contractor is to be pitched according to the pitch plan in the construction documents to ensure proper drainage.

· The contractor is to repair any structural damage due to leakage and age as needed and required for Building 69’s roof structure. This includes but is not limited to the metal roofing decking, roofing supports, and any other structural components.

· The contractor is to investigate the space for asbestos, lead, and any other harmful materials. The contractor will create a plan to abate it within Building 69’s construction zone as applicable and intact such plan.

· The contractor is to remove the lightning protection on the roof and replace it with code required lightning protection equipment for Building 69.

· The contractor is to investigate the structural effect of removing the dunnage on the roof of Building 69 and how it can be efficiently and safely done with minimal impact on the structural integrity of the building. The contractor will then intact the approved plan.

· The contractor is to install new EPDM protection walking pads to access required equipment upon the roof.

· The contractor is to provide plans for new curb rails for equipment with proper maintenance clearances taken into amount of 12 inches above the EPDM roof and install them.

· The contractor is to protect the integrity of the equipment that is to be preserved on the roof that will be removed and reinstalled to replace the roof of Building 69.

· The glazed natatorium have targeted repairs identified in the construction documents that the contractor is to complete to ensure it is watertight. This includes investigating any potentially additional issues that would cause water penetration in the glass structure and repair them.

General Requirements -

· All work will occur Monday to Friday from 6:30 am to 5 pm. All evidence of work on the project must be cleaned and removed daily to prevent patient tampering. At no time will tools or an active job site be unmanned.

· Some after-hours work must be conducted and must be coordinated with the COR, the Electricians, Plumbers, HVAC, and/or the CVAMC medical staff.

· Contractors will need to remain highly flexible to rearrange scheduling when necessary. An extensive partnership and coordination must be designed between the contractor, the COR, Contracting Officer, the CVAMC engineering staff, and the CVAMC medical staff.

· The contractor must provide their own storage. The CVAMC has a small field where a construction trailer can be placed only for the duration of the project and must be coordinated with the COR for size and footprint. Parking shall occur only in approved places so the need to shuttle men and materials may be necessary. Other than this location, the VA will not supply storage space. All exterior work will require a locked 6-foot chain link fence around the perimeter. A dumpster must always remain secured.

· Contractor must be responsible to verify all site conditions prior to performing any work. Contractor must follow all Guidelines and Standards, applicable to the task, as described in the Construction Safety Standards and Master Construction Specifications all available on the VA Technical Information Library. No production or purchases shall occur until all products are submitted for approval as per Section 01 33 23, SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES. Submittal Drawings shall show size, configuration, and fabrication and installation details.

· The Contracting Officer is the only one who can authorize the proceeding of work through signed documentation. The Contractor must substantiate those manufacturers and installers qualifications which comply with specifications. Contractor must provide a minimum one-year warranty on all material and workmanship unless otherwise noted in the specifications.

· All work shall be performed in compliance with all Federal, State and Local laws and regulations. In addition, work must meet equipment’s manufacturer specifications and generally accepted industry standards of good workmanship. All waste materials must be disposed of by the contractor in compliance with Federal State and Local laws and regulations. Contractors will supply receipts for quantities of material removed for recycling accountability. The lot T21 is used for metal recycling and shall receive all metal debris and for disposal.

· No work may proceed by the contractor until all material cut sheets are submitted to the COR for approval. COR will review and submit to Contracting Officer. No work may proceed until Contracting Officer authorizes work. The COR is not authorized to issue a Notice to Proceed.

· A site visit must be conducted with perspective offerors to visually access the site to avoid mistaken installation practices. The reference materials listed below must be cited with all perspective offerors. Offerors will receive a briefing on parking, facilities, and patient safety prior to submitting a bid as the proposal may be affected by hospital procedures.

· Contractor must be required to comply with physical security requirements to include checking in with the VA Police or VA sponsor/COR each time they come on site to perform services and obtaining a VA compliant ID badge which must be always worn while on VA property.

· All damage done to structures, equipment, or VA property by the contractor during construction is to be repaired as per the specifications at the contractor’s expense.

Contractor will have 270 days to complete the project from NTP.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

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

(End of Provision)

2.2 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)

2.3 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, 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)

2.4 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

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:

Elizabeth Wilson

Hand-Carried Address:

N/A

Mailing Address:

Elizabeth.Wilson6@va.gov

(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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

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

Marginalized populations of Sudan means—

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

(b) Procedures.

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

(2) FASCSA Orders.

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

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

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

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

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

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

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

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

(f) Iran Representation and Certifications.

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

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

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

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

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

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

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

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

(g) Disclosure.

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

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

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

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

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

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

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

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

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

(A) Brand;

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

(C) Item description, as applicable.

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

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

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

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

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

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

(End of Provision)

3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)

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

(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

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

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

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

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If 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…