S02 - 36C77625B0033.pdf

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MINOR | Martinsburg VAMC | 613-126 | Reno/Expand 47-Bed Domiciliary Pod B
Solicitation number
36C77625B0033
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This document is a Solicitation, Offer, and Award (SF 1442) for a competitive Service-Disabled Veteran-Owned Small Business (SDVOSB) construction project. The Department of Veterans Affairs is seeking a contractor to renovate and expand a 47-bed Domiciliary Pod B at the Martinsburg VAMC in Martinsburg, West Virginia. The project involves preparing the site and completing all necessary construction work, with a total estimated value between $10-20 million and a maximum statutory cost limit of $30 million.

Key details include a solicitation number of 36C77625B0033, NAICS code 236220, and a bid submission deadline of 2:00 PM EDT on 08-15-2025. The contract requires the contractor to begin work within 10 calendar days and complete the project within 548 calendar days after receiving the notice to proceed. Bidders must be certified Service-Disabled Veteran-Owned Small Businesses and submit comprehensive proposals including materials, labor costs, equipment, and other required documentation. The project will involve renovating an existing building and constructing an expansion, with specific technical requirements detailed in the accompanying specifications and drawings.

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S06 - 36C77625B0033 0004.pdf PDF
S06 - Amendment 0003 - Tech Questions VA Responses - Martinsburg.pdf PDF
S06 - 36C77625B0033 0003.pdf PDF
S06 - 36C77625B0033 0002.pdf PDF
S06 - Amendment 0002 - Martinsburg Site Visit Sign-in Sheet.pdf PDF
S06 - Amendment 0001 - Martinsburg Site Visit Campus Map.pdf PDF
S06 - 36C77625B0033 0001.pdf PDF
S02 - Attachment 5 - 613-126 Martinsburg - Asbestos A-502B BEC Updated 8-31-20.pdf PDF
S02 - Attachment 13 - JnA - Martinsburg.pdf PDF
S02 - Attachment 1 - 613-126 - Martinsburg - Specs Vol I_REV02.pdf PDF
S02 - Attachment 11 - WD - WV20250034 - 6.6.25.pdf PDF
S02 - Attachment 3 - 613-126 Martinsburg - Drawings.pdf PDF
S02 - Attachment 8 - 613-126 Martinsburg - Map Soil Boring Locations 502A.pdf PDF
S02 - Attachment 7 - 613-126 Martinsburg - A POD_boring locations.pdf PDF
S02 - Attachment 9 - 613-126 Martinsburg - ICRA ILSM PCRA.pdf PDF
S02 - Attachment 4 - 613-126 Martinsburg - Asbestos Final Technical Report 502B.pdf PDF
S02 - Attachment 12 - Seasonal Influenza with Vaccines.pdf PDF
S02 - Attachment 2 - 613-126 - Martinsburg- Specs Vol II_REV03.pdf PDF
S02 - Attachment 10 - Limitations on Subcontracting - Martinsburg.pdf PDF
S02 - Attachment 6 - 613-126 Martinsburg - GEOTECH_17-04-21.pdf PDF
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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 85

36C77625B0033 X

7/16/2025

613-126

36C776

Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

Department of Veterans Affairs Program Contract Activity Central 6100 Oak Tree Blvd, Suite 490

Independence OH 44131

Sadaya Brittian Sadaya.Brittian@va.gov

In accordance with 38 U.S.C. § 8127 (Public Law 109-461), this project is a competitive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside.

The Contractor shall provide all labor, materials, equipment, and supervision, and perform all work necessary to prepare site for building operations and complete Project 613-126 Renovate/Expand 47-Bed Domiciliary Pod B.

This project must be completed in accordance with the Specifications, Drawings, and supporting attachments included in the package.

Project Location:

Martinsburg VAMC 510 Butler Ave Martinsburg, WV 25405

NAICS Code: 236220 ($45M)

VAAR Magnitude of Construction: $10,000,000 to $20,000,000

This project is being solicited and will be awarded under the VA’s Minor Construction program.

This program has a maximum statutory cost limit of $30M inclusive of A/E design fees and Construction Costs.

No award will be made to projects that exceed this maximum cost limit.

Please reference the VAAR Magnitude of Construction cost for the actual projected cost of this construction effort.

All invoices shall reference PO Number: XXX-XXXX

10 (TEN) 548

X X 52.211-10

X 10 (TEN)

0 (ZERO) 2:00 PM EDT

08-15-2025

X

90 (NINETY)

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

36C776

Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically https://www.fsc.va.gov/einvoice.asp e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429

Samantha Mihaila

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

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 BID MATERIAL:

1.2 BID GUARANTEE:

1.3 PAYMENT & PERFORMANCE BONDS:

1.4 TAXES:

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

2.2 INVITATION FOR BID:

2.3 SDVOSB SET-ASIDE:

2.4 TECHNICAL QUESTIONS:

2.5 AMENDMENTS:

2.6 PRE-BID SITE VISIT:

2.7 PREPARATION OF BIDS:

2.8 BID SUBMISSION:

2.9 DETERMINATION OF NON-RESPONSIVE:

2.10 DETERMINATION OF RESPONSIBILITY:

2.11 VETS 4212:

2.12 SYSTEM FOR AWARD MANAGEMENT (SAM):

2.13 CONTRACT AWARD:

2.14 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT SYSTEM (CPARS):

2.15 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:

2.16 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT

MANAGER:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)

(DEVIATION FEB 2025)

3.2 DEVIATION NOTICE (FEB 2025)

3.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

3.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.6 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

3.7 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

3.8 52.216-1 TYPE OF CONTRACT (APR 1984)

3.9 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

3.10 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

3.11 52.228-1 BID GUARANTEE (SEP 1996)

3.12 52.233-2 SERVICE OF PROTEST (SEP 2006)

3.13 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

3.14 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

3.15 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

3.16 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

3.17 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

3.18 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE

ITEMS (APR 2019)

3.19 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

GENERAL CONDITIONS

4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

4.2 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.4 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JAN 2025)

4.5 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

(DEVIATION FEB 2025)

4.6 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014) (DEVIATION

FEB 2025)

4.7 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014) (DEVIATION

FEB 2025)

4.8 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (MAY 2024)(DEVIATION FEB 2025)

4.9 52.223-20 AEROSOLS (MAY 2024)

4.10 52.223-21 FOAMS (MAY 2024)

4.11 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)(DEVIATION

FEB 2025)

4.12 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (NOV 2023)

4.13 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

4.14 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.15 52.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB

2021)(DEVIATION APR 2020)

4.16 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUN

2020)(DEVIATION APR 2020)

4.17 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

4.18 52.236-4 PHYSICAL DATA (APR 1984)

4.19 52.244-6DEV SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

4.20 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.21 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.22 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.23 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.24 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

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

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

(DEVIATION)

4.26 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING –

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

4.27 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION)(APR 2025)

4.28 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

4.29 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.30 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

4.31 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.32 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.33 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.34 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.35 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.36 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL

PRODUCTS (APR 2019)

4.37 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

4.38 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .. 83

4.39 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.40 MANDATORY WRITTEN DISCLOSURES

4.41 LIST OF ATTACHMENTS………………………………………………………………………..85

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

BASE BID, GENERAL CONSTRUCTION AND RENOVATION: Work includes general construction, alterations, roads, walks, grading, drainage, mechanical and electrical work, utility systems, necessary removal of existing structures, and construction and certain other items.

Contract Period: Base POP Begin:

POP End:

DEDUCT ALTERNATE NO. 1: BASE BID except the labor, equipment, materials, and supervision to re-roof the existing Pod B roof. Roof only the new addition and as needed to integrate the new roofing into the existing roofing.

DEDUCT ALTERNATE NO. 2: DEDUCT ALTERNATE NO.1 except the labor, equipment, materials, and supervision to replace the existing skylights with new Pyramidal skylights. The existing skylights at four locations with 4-Square, 4’ x 4’ acrylic domes each, approximately 64SF per location, are to remain and have new OSHA Fall Guard devices installed over each acrylic dome instead.

DEDUCT ALTERNATE NO. 3: DEDUCT ALTERNATE NO.2 except the labor, equipment, materials, and supervision to provide solid surface countertops and windowsills. Provide the labor, equipment, materials, and supervision for plastic laminate surface countertops and windowsills instead.

DEDUCT ALTERNATE NO. 4: D. DEDUCT ALTERNATE NO. 3

except the labor, equipment, materials, and supervision for construction of the new Addition interior as described herein. The new Addition will be constructed as required in the Base Bid with following modifications: The completed structure shall include the exterior walls, fascia, soffits and roof, exterior doors and windows, rough-in sanitary waste and electrical rough-in below slab-on-grade (open waste to be capped at the slab) and slab-on grade. Fire Sprinkler and Fire alarm shall be installed. HVAC trunk for supply and return shall be installed. Electrical service to new panels and lighting circuits shall be installed as described below. The balance of the Addition, defined as the space behind or beyond the cross corridor doors and partition separating the addition from the existing Pod B will be left as a “warm dark envelope”.

DEDUCT ALTERNATE NO. 5: DEDUCT ALTERNATE NO. 4 except the labor, equipment, materials, and supervision for construction to replace the two HVAC units. The existing units shall remain in place and operational.

GRAND TOTAL __________________

NOTICE

1. Line Item 0001, Base Bid (General Construction) contains all the work for this project. Each

Line Item (Deduct) is listed in descending order of importance and removes a portion of the work.

2. The intent is to award Line Item 0001, Base Bid (General Construction). However, if the bid price exceeds the funds available for Line Item 0001, Base Bid (General Construction), then Line Item 0002 (Deduct No. 1) will be applied. If the bid price exceeds the funds available for Line Item 0002 (Deduct No. 1), then Line Item 0003 (Deduct No. 2) will be applied and so forth.

3. Please reference VAAR 852.236-92 Notice to Bidders–Additive or Deductive Bid Line Items in the solicitation for additional details.

4. Bidders must provide a lump sum price for each of the Line Items. Failure to do so may render their bid as nonresponsive.

5. Pricing should be submitted in whole dollar values. Please do NOT include pricing in cents.

6. Contractor is required to fill in their Unique Entity Identifier number associate with SAM.gov in Block No. 14 on Standard Form (SF) 1442.

7. PLEASE NOTE: The Contractor agrees to attend any Post Award conference convened by the contracting activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

1.1 BID MATERIAL:

Bid materials consisting of drawings, specifications, and contract forms are included and/or attached as part of this Invitation for Bid (IFB). The VA will not provide printed copies of drawings or specifications. It is the responsibility of the offeror to obtain the bid materials in a time and manner sufficient to respond to this solicitation by the specified due date.

1.2 BID GUARANTEE:

A Bid Guarantee, Standard Form 24 (SF 24), is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for receipt of bids, will result in the rejection of the bid. Copies of the SF 24 may be obtained from https://www.gsa.gov/forms.

In accordance with Class Deviation from the Federal Acquisition Regulation to Eliminate Hard Copy Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain Contract Requirements issued by the VA Executive Director, Office of Acquisition and Logistics and the Senior Procurement Executive on May 11, 2020, the requirement for a hard copy original bond, with the original signatures, notarization and seals has been eliminated. The bid bond must be submitted electronically as part of the bid package.

1.3 PAYMENT & PERFORMANCE BONDS:

The offeror to whom award is made will be required to furnish two bonds. A Payment Bond shall be provided on Standard Form 25A (SF 25A) and a Performance Bond shall be provided on Standard Form 25 (SF 25). Both bonds must be submitted in accordance with FAR 52.228-15 Performance and Payment Bonds – Construction (DEVIATION). Copies of SFs 25A and 25 may be obtained from https://www.gsa.gov/forms.

1.4 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.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gsa.gov%2Fforms&data=05%7C02%7C%7C7197924ab06b4510c2cb08dd1867cd0b%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638693556286629207%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=MT5QogE1p45j8KY7G3NL%2BRIn0UgyKEY8mmn8Lp5c5oQ%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gsa.gov%2Fforms&data=05%7C02%7C%7C7197924ab06b4510c2cb08dd1867cd0b%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638693556286629207%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=MT5QogE1p45j8KY7G3NL%2BRIn0UgyKEY8mmn8Lp5c5oQ%3D&reserved=0

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to Contract Opportunities https://Sam.gov.

2.2 INVITATION FOR BID:

This solicitation is being issued as an Invitation for Bid (IFB) in accordance with FAR Part 14.

2.3 SDVOSB SET-ASIDE:

This procurement is a 100% set-aside for SDVOSB concerns. Offers received from other than SDVOSBs will not be considered. All SDVOSBs must be listed as “certified” in the SBA’s VetCert database (Veteran Small Business Certification (sba.gov)) at the time of bid submission and at time of award. Failure to be certified at the time of bid submission and at the time of award will result in the offeror’s bid being non-responsive.

2.4 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and must be submitted by the prospective offerors to Sadaya Brittian and Samantha Mihaila. Questions must be submitted only via e-mail to: Sadaya.Brittian@va.gov and Samantha.Mihaila@va.gov . The subject line must read: Martinsburg VAMC – Reno/Expand 47 – Bed Domiciliary Pod B - Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS TBD – will be issued in an upcoming amendment .

2.5 AMENDMENTS:

Amendments to this 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. Potential offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your bid being considered non-responsive.

2.6 PRE-BID SITE VISIT:

A formal site visit has been scheduled for this project. This will be the only opportunity for potential bidders to visit the site. See FAR Clause 52.236-27 of this solicitation for further information.

All potential bidders, subcontractors and suppliers are strongly encouraged to attend this site visit.

2.7 PREPARATION OF BIDS:

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

https://sam.gov/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fveterans.certify.sba.gov%2F&data=05%7C01%7C%7C8e7e79ec26e24b76315a08dafed3d7c1%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638102483047735633%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=A6miKyttg2IAFGmDSciek4gm%2FPoHYc%2F0Uqk6dvC9Wlg%3D&reserved=0 mailto:Sadaya.Brittian@va.gov mailto:Samantha.Mihaila@va.gov https://sam.gov/

2.8 BID SUBMISSION:

A. GENERAL:

(a) Offerors must submit their bids via email to: Sadaya Brittian (Sadaya.Brittian@va.gov) and Samantha Mihaila (Samantha.Mihaila@va.gov)

(b) Only emailed bids will be accepted. Bids submitted by any method other than email are not allowed and will be deemed non-responsive and therefore ineligible for award.

(c) The bid opening will be conducted via teleconference. An in person bid opening will not be facilitated.

(d) Failure to provide electronic bids and the electronic copy of the bid bond on the date and time set for bid opening, will deem the bid non-responsive.

B. BID PACKAGE CONTENTS:

(a) Standard Form (SF) 1442 Solicitation, Offer and Award:

The Offeror must complete & sign the “OFFER” section of the SF 1442. Please include your company’s Unique Entity Identifier number associate with SAM.gov in Block 14.

(b) Acknowledgement of All Amendments:

The offeror must acknowledge all amendments by either 1.) Completing block 19 of the SF 1442, or 2.) Returning the signed amendment form(s) with the submission.

(c) Price Schedule:

The Offeror must complete the Price Schedule contained in the solicitation. The Offeror must submit separate pricing for all items listed. Bidders not submitting the Price Schedule will be deemed non-responsive and therefore ineligible for award.

(d) Bid Guarantee:

The Offeror must furnish a bid guarantee (see FAR 52.228-1). The bid guarantee must be provided on Standard Form 24.

(e) Representations & Certifications:

The offeror must provide their Representations and Certifications or their response to FAR 52.204-8 (2) (i) or (ii) Annual Representations and Certifications.

(f) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment:

Offeror must provide their response to FAR 52.204-24 (d) Representation.

(g) Information Regarding Responsibility Matters:

Offeror must provide their response to FAR 52.209-7 (b) Information Regarding Responsibility Matters.

(h) Violation of Arms Controls Treaties or Agreements:

Offeror must provide their response to FAR 52.209-13 (b) (1) or (2) Violation of Arms Controls Treaties or Agreements.

(i) Tax on Certain Foreign Procurements:

Offeror must provide their response to FAR 52.229-11 (d).

(j) Post Award Small Business Program Representations:

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

(k) Limitations on Subcontracting:

In accordance with VAAR 852.219-75, offeror must complete ATTACHMENT 10 - Limitations on Subcontracting-Certificate of Compliance for Construction and return with their bid submission. Completed 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.

(l) Notice to SDVOSB Joint Venture/Mentor Protegee:

Any offeror submitting a bid as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (1) have entered into a joint venture mailto:Sadaya.Brittian@va.gov mailto:Samantha.Mihaila@va.gov agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and (2) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the offeror’s bid will deem the bid non-responsive.

C. BID OPENING:

(a) Bids will be publicly read aloud. A conference line will be announced via an amendment to the solicitation approximately seven (7) calendar days prior to the receipt date for bids.

(b) In the event there are any concerns with the bids, in accordance with FAR 14.402-1 (c), Microsoft Teams will be used to assist in the examination of the bid(s).

2.9 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 section of the solicitation, at the date and time set for bid opening may deem the bid non-responsive.

2.10 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, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility. The Government reserves the right to obtain additional information solely for the purpose of making a responsibility determination from all offerors after receipt of bids. These requests for information do not constitute discussion. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the Offeror ineligible for award.

2.11 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 at:

http://www.dol.gov/vets/vets4212.htm. 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. Failure to comply with this section will result in removal from award consideration.

2.12 SYSTEM FOR AWARD MANAGEMENT (SAM):

The FAR requires that federal contractors register in the SAM database at https://sam.gov/ and enter all mandatory information into the system. Offerors are required to be registered in SAM from the time an offer is submitted through award in order to comply with the annual representations and certifications requirements (see FAR 52.204-7). Failure to be registered in SAM.gov at any point during the solicitation period will result in removal from the competition.

2.13 CONTRACT AWARD:

Award may only be made with the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the government, considering only price (see FAR 52.214-19). The http://www.dol.gov/vets/vets4212.htm https://sam.gov/ 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.”

2.14 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT SYSTEM (CPARS):

As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR 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 Sea Logistics Center in Portsmouth, New Hampshire. CPARS is available to all Federal agencies and is the system used to collect and retrieve performance assessment reports used in source selection determinations. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS database at the following web address: http://www.cpars.gov/. Help in 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 will 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.

2.15 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. If the site requires an investigation, the contractor must follow VA Directive 0710.

2.16 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 must be replaced with “Contracting Officer’s Representative (COR).”

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN

2025) (DEVIATION FEB 2025)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 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 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.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) [Reserved].

(xv) [Reserved].

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) [Reserved].

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X] (i) 52.204-17, Ownership or Control of Offeror.

[X] (ii) 52.204-20, Predecessor of Offeror.

[] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[] (vi) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision) https://www.sam.gov/

3.2 DEVIATION NOTICE (FEB 2025)

Note: 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 and 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) 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.”

(End of Provision)

3.3 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

3.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

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