About this file

This is a federal Invitation for Bids (IFB) for construction services to update electrical equipment at the VA Black Hills Health Care System - Hot Springs Campus.

The Department of Veterans Affairs Network Contracting Office 23 seeks qualified Service-Disabled Veteran-Owned Small Business (SDVOSB) contractors to provide labor, materials, tools, equipment, and supervision necessary to upgrade the existing electrical distribution equipment at the facility. The project is designated as solicitation number 36C26326B0033 (Project 568A4-24-202) with a construction cost range estimated between $2,000,000 and $5,000,000. The applicable NAICS code is 238210 (Electrical Contractors and Other Wiring Installation Contractors), with a $19.0 million small business size standard. This solicitation is a total set-aside restricted to certified SDVOSBs listed in the SBA certification database; only firms meeting these eligibility requirements will be considered for award. Sealed bids are due by 2:00 PM Central Time on Monday, August 31, 2026, at the address specified in the solicitation. The contractor must begin performance within 10 calendar days of award and complete the project within 550 calendar days. Performance and payment bonds at 100 percent of the awarded contract amount must be submitted within 10 calendar days after award. A mandatory formal site visit is scheduled for July 14, 2026, at 2:00 PM (CT)/1:00 PM (MT) at Building 14, 1st Floor Conference Room. Technical questions must be submitted by July 28, 2026, at 10:00 AM (CT) via email to the Contracting Officer. The contract type is Firm-Fixed-Price, and award is contingent upon availability of funds, anticipated by September 30, 2026, or alternatively by November 30, 2027, using FY27 funds.

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1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES NO

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

b. An offer guarantee is, is not required.

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

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

1 69

36C26326B0033 X

06/25/2026

568-26-4-9812-0010

568A4-24-202

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Angie Frost 651-293-3070

Project Number: 568A4-24-202, Update Electrical Equipment on Campus POC: Angie Frost; angela.frost2@va.gov; 651-293-3070

Contractor shall provide all tools, materials, equipment, labor, and supervision necessary in accordance with the construction documents for completion of the project. The purpose of this project is to upgrade the existing electrical distribution equipment at the VA Black Hills Health Care System - Hot Springs Campus.

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

(3) listed in the SBA certification database at https://veterans.certify.sba.gov/ (see 13 CFR 128).

The applicable NAICS Code for this acquisition is 238210 with a $19.0 Million small business size standard. The magnitude of construction cost range is between $2,000,000.00 and $5,000,000.00.

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

10 550

X X

X ten (10) one (1) 2:00PM CT

08-31-2026

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

See Price Schedule Sheet on page 3.

568-3660162-9812-854200-3220-23NR4WA10

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Y

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

PO BOX 149971

AUSTIN TX 78714-9971

Angela Frost

VA-VHA-RPOC-2024-0035

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S

QUANTIT

Y

UNI

T

UNIT

PRICE AMOUNT

1.00 JB ________

568A4-24-202, Update Electrical Equipment on Campus.

Provide all labor, materials, tools, equipment, etc.

necessary to construct the referenced project in accordance with the contract documents.

PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

GRAND

TOTAL

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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

2.2 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (NOV 2025) (DEVIATION)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG

2020)

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

3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

3.4 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

GENERAL CONDITIONS

4.1 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(NOV 2025) (DEVIATION)

4.2 52.222-90 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (APR 2026)

4.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV

2025)

4.4 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (SEP 2025) (DEVIATION)

4.5 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

4.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

4.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

4.8 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (DEVIATION) (NOV 2025)

4.9 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

4.10 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.12 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.13 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

4.14 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

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

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

(DEVIATION)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

4.17 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.18 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.19 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..66

4.20 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

ATTACHMENTS:

1.1 CONTRACT AWARD

All references to the Federal Acquisition Regulations (FAR) will be as referencing the Revolutionary FAR Overhaul (RFO) unless otherwise noted as RFO. Award may only be made with the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the government, considering only price (see FAR 52.214-19).

The low price will be evaluated by the Contracting Officer prior to award to confirm that it is “a fair and reasonable price that is most advantageous to the Government.

1.2 CONTRACTOR'S SIGNATURE

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

a) Individuals. A contract with an individual must be signed by that individual. A contract with an individual doing business as a firm must be signed by that individual, and the signature must be followed by the individual's typed, stamped, or printed name and the words “, an individual doing business as ______________________” [insert name of firm].

b) Partnerships. A contract with a partnership must be signed in the partnership name. Before signing for the Government, the contracting officer must obtain a list of all partners and ensure that the individual(s) signing for the partnership have authority to bind the partnership.

c) Corporations. A contract with a corporation must be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign. The contracting officer must ensure that the person signing for the corporation has authority to bind the corporation.

d) Joint venturers. A contract with joint venturers may involve any combination of individuals, partnerships, or corporations. The contract must be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through

(c) of this section for each type of participant. When a corporation is participating, the contracting officer must verify that the corporation is authorized to participate in the joint venture.

e) Agents. When an agent is to sign the contract, other than as stated in paragraphs

(a) through (d) of this section, the agent's authorization to bind the principal must be established by evidence that satisfies the contracting officer.

1.3 SITE VISIT

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

A formal site visit has been scheduled for this project on July 14, 2026, at 2:00 PM (CT) / 1:00 PM (MT). This will be the only opportunity for potential bidders to visit the site.

Participants will meet at the Building 14, 1st Floor Conference Room at the VA Black Hills Health Care System - Hot Springs Campus.

1.4 TECHNICAL QUESTIONS AND INQUIRIES

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

angela.frost2@va.gov. The subject line should read: PN: 568A4-24-202, Update Electrical Equipment on Campus. Telephone inquiries will not be accepted.

Questions, inquiries, or such are due no later than July 28, 2026, at 10:00 AM (CT). No late questions will be acknowledged, accepted or answered after this deadline. All timely questions will be answered and/or responded to via an amendment after the closing date.

YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACTING

OFFICER ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS

REQUIREMENT PRIOR TO CONTRACT AWARD.

1.5 SITE SUPERVISION

The Contractor shall provide supervision in accordance with contract clause 52.236-6, Superintendence by the Contractor. It is a requirement that the project superintendent be dedicated exclusively to this project through the duration of the period of performance.

1.6 BIDDING MATERIAL

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

Amendments to the solicitation will be posted at https://sam.gov. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. By registering to “Receive Notification”, you will be notified by email of any new amendments that have been issued and posted. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers. Failure to acknowledge an amendment may result in the offeror’s bid being considered non-responsive.

1.7 PREPARATION OF BIDS

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

1.8 BID SUBMISSION DOCUMENTS

Files should be in Adobe* PDF (Portable Document Format) Files: Size: Maximum size of the e-mail message must not exceed five (5) megabytes. If the size limits are exceeded, the VA may not receive the file and/or you may not be considered. Only one email is permitted. This email should contain at least the following:

https://sam.gov/

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

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

• Price Schedule: The offeror must complete the Price Schedule located on page 3 of the solicitation.

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

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

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

• Representations & Certifications: As the provision at FAR 52.204-7 is included in the solicitation, FAR 52.204-19 applies. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. The offeror is required to complete the annual representations and certifications electronically at https://sam.gov.

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

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

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

• Post Award Small Business Program Representations: At the time of award, the offeror must provide their response to FAR 52.219-28 (g), if the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract.

o Notice to SDVOSB Joint Venture/Mentor Protegee: At the time of award, any offeror submitting a bid as a joint venture must complete FAR 52.219-28

(g) Postaward Small Business Program Representation regardless if registered in SAM.

• Limitations on Subcontracting: The offeror must complete and sign the VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction required in VAAR 852.219-75 and return it with their bid submission. A copy of the clause to be completed and included with the bid is attached as a separate document (Atch E VAAR 852.219-75 Limitations on Subcontracting Cert of Compliance - 2 pages). The completed and signed form will become part of the official award documentation. Failure to submit the fully completed and signed certification with the offeror's bid will deem the bid non-responsive.

• Experience Modification Rate: The offeror must provide the Safety and Environmental Violations and Experience Modification Rating (EMR) information, including filling out the attached document (Atch G Safety or Environmental Violations and EMR Information - 2 pages).

1.9 DELIVERY OF BIDS

In accordance with RFO 14.301, send all submission documents via email to the Contracting Officer, Angie Frost at angela.frost2@va.gov by 2:00 PM CT, Monday, August 31, 2026. The subject line should read: PN: 568A4-24-202 Update Electrical Equipment on Campus.

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

**NOTE** In accordance with RFO Part 14.301(f)(1), “Any bid, modification, or withdrawal of a bid received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless – (ii) The contracting officer determines that accepting the late bid would not unduly delay the acquisition; and – (A) If it was transmitted through an electronic commerce method authorized by the IFB, 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 bids.” Bids can be submitted any time, up to the due date/time but if the email doesn’t arrive to the inbox till after the bid opening, it won’t be accepted unless it was sent in accordance with RFO 14.301(f)(1).

1.10 BID OPENING

There will not be a face-to-face public bid opening. All Contractors providing an electronic bid submission must still meet all requirements listed under “Bid Submission Documents” in the solicitation. The bid opening and public reading of the bids will be via teleconference. Bidders may call 1-872-701-0185 and enter participant code 926680835# to join.

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

1.11 INFORMATION REGARDING BID GUARANTEE AND BONDS

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

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

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

mailto:angela.frost2@va.gov https://gsa.gov/reference/forms

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

1.12 DETERMINATION OF NON-RESPONSIVE

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

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

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

1.13 DETERMINATION OF RESPONSIBILITY

A Determination of Responsibility will be conducted for the apparent low bidder/awardee prior to award of the project. The above information, along with other information obtained from Government systems, such as, but not limited to the OSHA and EPA online inspection history databases, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility.

Note: Any information received by the Government that would be cause for a negative Determination of Responsibility may make the offeror ineligible for award.

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

To be determined responsible, a prospective contractor must –

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

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

• Have a satisfactory performance record.

• Have a satisfactory record of integrity and business ethics.

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

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

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

• Have a favorable Experience Modification Rate.

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

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

1.14 VETS 4212

Title 38, USC Section 4212(d), codified at 41 CFR Section 61-300, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS-4212 reporting information can be done electronically (https://www.dol.gov/vets/vets4212). Award cannot be made unless the awardee has filed their VETS-4212 report. Therefore, all offerors are encouraged to file every year. The Contracting Officer may request a copy of the email confirmation of receipt notification prior to awarding the project.

1.15 SYSTEM FOR AWARD MANAGEMENT (SAM)

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

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.

1.16 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)

As prescribed in Revolutionary FAR (Federal Acquisition Regulation) Overhaul (RFO) Part 42.1102(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $900,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The RFO requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS is available to all Federal agencies and is the system used to collect and retrieve performance assessment reports used in source selection determinations. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

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

Each contractor whose contract award is estimated to exceed $900,000 is required to register with CPARS database (https://cpars.gov) Help registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438-1690.

Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

1.17 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform all work as identified in the solicitation documents. This requirement is applicable to all subcontractor personnel requiring the same access. As per VA Directive 0710, costs of background investigations will be borne by the contractor. Please be advised that the awardee will need to coordinate with the VA Medical Center concerning badging requirements.

1.18 HHS/OIG EXCLUSIONS

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

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

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

1.19 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT

MANAGER

Any reference contained within the solicitation/contract specifications and/or drawings to the “VA Engineer,” “Resident Engineer,” or “Project Manager,” or their abbreviations shall be replaced with “Contracting Officer’s Representative (COR).

https://cpars.gov/

1.20 PRE-CONSTRUCTION CONFERENCE

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

1.21 DISCUSSIONS

Bids will be evaluated without discussions.

1.22 TAXES

Contractor must take into account FAR 52.229-3; "Federal, State and Local Taxes" and its Special Note in their pricing. The FAR clause and its Special Note provide guidance on taxes being applied to pricing.

1.23 AVAILABILITY OF FUNDS

Award is subject to the availability of funds. The Government anticipates funds will become available by September 30, 2026. If current Fiscal Year (FY26) funds become available, contract award will be made no later than September 30, 2026. If FY26 funds are not made available, the Government intends to fund this project with FY27 funds by November 30, 2027. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

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 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV

2025) (DEVIATION)

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with

13 CFR 128.300.

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 (b) of this provision.

(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.

Small disadvantaged business concern, means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $19 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a small business concern; or

(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not, a women-owned small disadvantaged business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program.

The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern.] The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

(d) Notice.

Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act.

(End of Provision)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—

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

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

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

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

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

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—

CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

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

(End of Provision)

2.7 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…

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