S02- 36C24426R0035_1 Replace Fire Station Roof construction.docx

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Z1DA--529-26-102 Replace Fire Station Roof construction (VA-26-00014519)
Solicitation number
36C24426R0035
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This is a Request for Proposal (RFP) for construction services to replace the fire station roof at the Butler VA Medical Center in Butler, Pennsylvania. The solicitation number is 36C24426R0035, with a project number of 529-26-102, and is issued by the Department of Veterans Affairs Network Contracting Office 4 located in Pittsburgh, Pennsylvania. The contract is set aside exclusively for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) with a NAICS code of 236220 (Commercial and Institutional Building Construction) and a size standard of $45 million. The scope of work includes complete site preparation for building operations, demolition and removal of existing structures, and furnishing all labor, materials, and work necessary to replace the fire station roof and associated systems per drawings and specifications. The construction magnitude is between $250,000 and $500,000, with a performance period of 120 days after notice to proceed.

Proposals are due by February 19, 2026, at 11:00 AM EST via electronic submission only to Keneisha.Coleman@va.gov and Jeffrey.Pruett@va.gov. A mandatory site visit is scheduled for January 27, 2026, at 10:00 AM at Butler VA Health Care System; interested parties must RSVP to Hunter.Lohr2@va.gov with the number of attendees. Requests for Information (RFIs) are due February 3, 2026, at 3:30 PM EST, submitted via email with the subject line "36C24426R0035 - Technical Questions." The Government will evaluate proposals using a "Best Value" Lowest Price Technically Acceptable (LPTA) source selection approach in accordance with FAR 15.101-2, considering evaluation factors including past performance and price. Award will be made to the lowest-price responsible offeror whose proposal is technically acceptable. All offerors must be verified and active in the System for Award Management (SAM) at the time of proposal submission; proposals not complying with solicitation instructions may be rejected. The contractor must furnish performance and payment bonds and comply with wage determination PA20260079 dated January 9, 2026, as well as VAAR Clause 852.219-75 regarding limitations on subcontracting for construction contracts (maximum 85% subcontracted to non-SDVOSB/VOSB firms).

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1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24426R0035

X 01-20-2026

529-26-102 00244 Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Rd Pittsburgh PA 15215

See attached delivery schedule

Keneisha Coleman 814-505-9032 This solicitation is to provide all demolition, general construction and alternations necessary to replace the Replace Fire Station Roof construction no. 529-26-102 as indicated in the drawings and specifications

Wage Determination PA20260079 dated 01/09/2026 applies to this solicitation. The Contractor shall be responsible for the correct title of classification of workers and compliance with applicable wage and hour laws.

This project is being solicited as a SDVOSB set-aside. The North American Industry Classification System (NAICS) code is 236220 and the Small Business Size is $45 million. All Offerors must be verified and active in SAMS.

RFI’s are due 2-3-2026 at 3:30 PM EST.

Proposals are due by 02/19/2026 at 11:00 AM EST

Site visit will be held 01/27/2026 at 10:00 AM. Please RSVP to Hunter.Lohr2@va.gov and include number of attendees.

IAW FAR 36.204, The magnitude of construction is between $250,000 and $500,000.

All proposals must be received by ELECTRONIC SUBMISSIONS (email) only to Keneisha.Coleman@va.gov and Jeffrey.Pruett@va.gov.

VAAR Clause 852.219-75 must be signed and returned with all proposals.

X X

52.211-10 one

11:00 AM

EST

02-19-2026

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

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

CLIN 0001: BASE PRICE SCHEDULE: Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for the Replace Fire Station Roof construction and associated systems at the Butler VA Medical Center as required by drawings and specifications.

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 PRICE/COST SCHEDULE5
ITEM INFORMATION5
A.4 DELIVERY SCHEDULE5
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS5
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS7
INSTRUCTIONS TO OFFERORS7
2.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)10
2.2 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (NOV 2021)11
2.3 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)15
2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)16
2.5 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)16
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)17
2.7 52.215-5 FACSIMILE PROPOSALS (OCT 1997)18
REPRESENTATIONS AND CERTIFICATIONS19
3.1 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020)19
GENERAL CONDITIONS21
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)21
4.2 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)21
4.3 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)24
4.4 52.223-20 AEROSOLS (MAY 2024)24
4.5 52.223-21 FOAMS (MAY 2024)25
4.6 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)26
4.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)30
4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)40
4.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)42
4.10 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)42
4.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)43
4.12 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)43
4.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)44
4.14 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)45
4.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)47
4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)49
4.17 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)50
4.18 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR 2019)50
4.19 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)50
4.20 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)51
4.21 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)52
4.22 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)52
4.23 VAAR 852.246-71 REJECTED GOODS (OCT 2018)54
ATTACHMENTS54

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
JB
__________________
__________________

BASE PRICE SCHEDULE: Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for the Replace Fire Station Roof construction and associated systems at the Butler VA Medical Center as required by drawings and specifications.

POP 120 days

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

GRAND TOTAL
__________________

A.4 DELIVERY SCHEDULE

ITEM NUMBER
SHIPPING INFORMATION
QUANTITY
DELIVERY DATE
Roof Project
1.00
120 Days after NTP

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1. Bidding materials consisting of drawings, specifications and contract forms are provided within the attached documents. Request for Proposal number 36C24426R0035 will contain plans, specifications, and amendments.

2. The offeror to whom award is made will be required to furnish two (2) bonds, a Payment Bond to be executed on the SF 25A and a Performance Bond to be executed on the proper SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and SF 25A can be obtained upon application to the issuing office.

3. Disclosure of the magnitude of construction: between $250,000 and $500,000.

4. Offers shall be valid for 120 calendar days for acceptance. Any offer fewer than 120 calendar days will not be considered and will be rejected as non-responsive.

5. Site Visit: A formal site visit is scheduled for this solicitation for 01/27/2026. Meet at Butler VA Health Care System 353 North Duffy Road, Butler PA 16001 meet out front of the Fire Station (B48).

6. Technical Questions: Questions of a technical nature must be provided in writing and shall be submitted by prospective offerors to attention: Keneisha Coleman. Questions shall be submitted only via e-mail to: Keneisha.Coleman@va.gov and Jeffrey.Pruett@va.gov The subject line must read: 36C24426R0035 - Technical Questions. Oral questions of a technical nature are not acceptable, due to the possibility of misunderstanding or misinterpretation. Furthermore, only timely questions received from Prime/General contractors will receive a response. All questions must be received no later than 3:30 P.M. local EST, 02/3/2026. No telephone request will be honored. Any questions received after this time will NOT be considered and a response will NOT be given. All technical questions and Government responses will be posted on SAM – Contracting Opportunities in an amendment to the solicitation.

7. All offerors must be registered in the System Award Management System (SAM) data base at time of proposal submittal. Any offeror not SAM verified at time of bid submittal will be disqualified and proposal will be rejected.

8. Proposals shall contain the following information:

· Completed Standard Form 1442 and any amendments.

· All completed Representation and Certifications

1. All proposals shall be emailed to the following:

Atten: Keneisha Coleman and Jeffrey Pruett Email: Keneisha.Coleman@va.gov and Jeffrey.Pruett@va.gov Subject Line: 36C24426R0035 No. 529-26-102 Replace Fire Station Roof construction

36C24426R0035

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Page 1 of

Page 1 of

INSTRUCTIONS TO OFFERORS

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

1. Overview.

1.1 The intent of this solicitation is to select one contractor to provide professional construction services in accordance with the Statement of Work (SOW), Drawings, Specifications, etc. for the “Replace Fire Station Roof construction” (529-26-102).

1.2 The Government intends to use the “Best Value” Lowest Price Technically Acceptable (LPTA) process source selection approach in accordance with FAR 15.101-2. Award will be made to the lowest-price responsible offeror whose proposal conforms to the solicitation’s requirements and is technically acceptable.

2. Submittal of Proposals.

2.1 Offerors submitting proposals for this project must 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, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's Technical Ability, Past Performance, and Price, to successfully complete the project. Innovative, creative, or cost-saving proposals that meet or exceed the requirements should be clearly noted and justified in the proposal.

2.2 Offerors must comply with the detailed instructions for the format and content of the proposal. Proposals that do not comply with the detailed instructions may be rejected.

The Offeror must complete and submit Offer on Standard Form 1442. The Offeror must submit a price based on the line items. Note: If discussions or negotiations occur, the Government may require additional cost information.

1. Discounts: Prompt payment discounts will not be considered in the evaluation of offers.

2. In the event a minor clerical error has occurred, the Offeror may be given an opportunity to correct the minor error within the constraints of the “clarifications” process or the Contracting Officer determines discussions are required.

2.3 No hard copies will be accepted. Per federal regulation, a digital submission will not be considered late if it is submitted by close of business day prior to the submission due date. Any submission that arrives after the due date and time will be considered late regardless of the circumstance if it is not submitted by close of business the day prior. Close of business is defined by the FAR at 4:30 pm based off the time zone of the contracting office is located.

3. Proposal Evaluation Process.

3.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of the Department of Veterans Affairs will evaluate the proposals. SSEB may also include Architect and Engineering firm non-voting members. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the submitted proposal and any subsequent discussions initiated by the Government, as well as information obtained from other sources, e.g., past performance information. Offerors are advised that the technical evaluation will be conducted in strict confidence in that technical ability and past performance information submitted will be reviewed without knowledge of the price offered. During deliberation, the number and identities of offerors will not be revealed to anyone who is not involved in the evaluation and award process or to other offerors.

3.2 Evaluation of the proposals will begin no later than five (5) business days after receipt of proposals and continue until the successful offeror is identified. The SSA, or Contract Specialist (CS) shall determine that offerors are not on the Excluded Parties list and are listed in the System for Award Management and the Small Business Administration (SBA) as applicable. Offerors that do not comply with the terms of the solicitation shall receive no further consideration for award.

3.3 The Government intends to use the “Best Value” Lowest Price Technically Acceptable (LPTA) process source selection approach in accordance with FAR 15.101-2. Award will be made to the lowest offeror deemed technically acceptable based on the factors below: 3.4 Proposal Evaluation Process .

3.5 A Source Selection Evaluation Board (SSEB) comprised of representatives of the Department of Veterans Affairs will evaluate the proposals. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary, as well as information obtained from other sources, i.e., past performance information. Offerors are advised that the evaluation and rating of proposals will be conducted in strict confidence. During deliberation, the number and identities of offerors are not revealed to anyone who is not involved in the evaluation and award process or to other offerors. Proposals will be evaluated based on the factors described below.

3.6 The evaluation process essentially consists of five (2) Factors and one (5) subfactor: Past Performance. Proposals will be evaluated against these factor and criteria identified below.

3.7 As demonstrated in their proposals, Offerors shall be evaluated in terms of the Offeror’s ability to meet or exceed the project’s requirements as identified in the SOW, and those proposals demonstrating an ability to exceed specified requirements may be rated higher in those areas than proposals demonstrating only the ability to meet requirements.

3.8 Provide a clear and concise narrative for each of the factors below. The narrative shall address the information stated in the factors and subfactors. The Government will evaluate the offeror’s answers for information and completeness, and offerors not submitting required information may not be considered for evaluation.

3.9 Evaluation Factor 1– Past Performance:

The SSEB will evaluate past performance for the prime contractor past performance along with the designated team of subcontractors. Documentation of satisfactory performance of projects similar in size, scope, and dollar value will be considered to have met the minimum requirements of the RFP. The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction as to quality, schedule, cost, and management. The Government may also use other tools such as CPARS, Vet Biz, Dunn & Bradstreet, Federal Awardee Performance and Integrity Information System (FAPIIS), and Source Selection Evaluator personal knowledge of offeror to gather documentation on past performance. Past performance will be evaluated in accordance with FAR 15.305(a)(2). Evaluations may include past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement. Offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance and shall receive a neutral rating for Past Performance.

Offerors may provide information on problems encountered on the identified contracts and the corrective action taken, if desired. This shall be rated based on the confidence portrayed for each of the projects submitted. Offeror’s can provide past performance on previous projects for the SSEB team which can be used during the past performance evaluation. A neutral rating is given when no current and/or relevant performance record is identifiable upon which to base a meaningful performance risk prediction. Government Personnel were unable to identify any relevant Past Performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment and represents and unknown risk.

Factor
Rating

Commercial construction experience installing EPDM roofing or a directly related equivalent.

ACCEPTABLE | UNACCEPTABLE

Construction experience and knowledge gained executing projects within and/or above occupied and operational facilities, along with the precautions and other safety requirements for such work.

ACCEPTABLE | UNACCEPTABLE

Construction experience and knowledge gained coordinating and implementing ICRA requirements, ICRA barrier transitions, circulation-path impacts, and life-safety considerations for projects involving phased partial or full unit/program area closures.

ACCEPTABLE | UNACCEPTABLE

Construction experience and knowledge gained mobilizing and managing prime and subcontractor crews across multiple shifts per day when required to meet a compact schedule of delivery or limit disturbance to critical areas/utilities.

ACCEPTABLE | UNACCEPTABLE

Experience working in a mission critical facility and managing the phasing associated with a project in such a facility.

ACCEPTABLE | UNACCEPTABLE

4.0 The Source Selection Authority will send the pricing proposals to the SSEB members who will evaluate for technical acceptability as defined by the criteria listed above. If deemed technically acceptable, award will be made. If deemed unacceptable, the next lowest priced proposal will be sent for review. This process continues until award is made.

4.1 Evaluation Factor 2 - Price

The price will be evaluated by the Government for being fair and reasonable, in accordance with FAR 15.404-1(b).

2.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

(a) Definitions. As used in this provision— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov/ for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation and at time of award (see FAR clause 52.204–13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment).

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at http://www.sam.gov/ for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov/ for information on registration.

(End of Provision)

2.2 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (NOV 2021)

(a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions 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 rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

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

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

(End of Provision)

2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (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 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

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

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.6 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:

Email to: Keneisha.Coleman@va.gov and Jeffrey.Pruett@va.gov Hand-Carried Address:

Network Contracting Officer 04 Heinz VAMC 1010 Delafield Rd Pittsburgh, PA, 15215

Mailing Address:

Same as Above

(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 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: .

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020)

(a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means—

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if—

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that—

(1) It [ ] is [ ] is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of Provision)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

FAR NumberTitleDate
52.222-35EQUAL OPPORTUNITY FOR VETERANSJUN 2020

(End of Clause)

4.2 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…

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