S02 IFB 36C26326B0009.docx
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- Solicitation number
- 36C26326B0009_1
About this file
This document is an Invitation for Bid (IFB) for a construction project at the Saint Cloud VA Medical Center. The Department of Veterans Affairs is seeking a Service-Disabled Veteran-Owned Small Business (SDVOSB) to remodel the basement kitchen in Building 50, with an estimated project cost between $2,000,000 and $5,000,000. The project involves renovating approximately 4,000 square feet of Nutrition and Foods space and 2,000 square feet of mechanical rooms, focusing on repairing failing architectural, mechanical, electrical, plumbing, and HVAC systems.
Key procurement details include a solicitation number of 36C26326B0009, with bids due by 10:00 AM CST on January 29, 2026. The contract will be set aside exclusively for SDVOSB contractors under NAICS code 236220, with a small business size standard of $45 million. The project has a planned performance period of 320 days and requires a bid guarantee of 20% of the bid price. Potential bidders must be registered in the System for Award Management (SAM) and attend a mandatory pre-bid site visit scheduled for January 6, 2026, at 2:30 PM at the Saint Cloud, MN VAMC.
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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.
36C26326B0009 X
656-26-2-3204-0002
656-20-130 36C263
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
ATTN: Daniel Dobler Contract Specialist
316 ROBERT STREET N, SUITE 506
SAINT PAUL MN 55101
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
ATTN: Daniel Dobler Contract Specialist
316 ROBERT STREET N, SUITE 506
SAINT PAUL MN 55101
Daniel Dobler 651-293-3015 Project Number: 656-20-130 Repair Building 50 Basement Kitchen POC: Daniel Dobler, daniel.dobler@va.gov
The Contractor shall furnish all labor, materials, tools and equipment required to remodel the existing Dish room and Tray Service Line for the repair Building 50 basement Kitchen project. This project will focus on the failing Architectural, Mechanical, Electrical, Plumbing (MEP) and Heating Ventilating and Air Conditioning (HVAC) Systems that are nearing their end of life. Currently, the walls, ceiling and flooring finishes are continuously separating from the substrate and are beyond reasonable maintenance repair. This project will include a phased implementation of two (2) phases or less. An estimated square footage of remodeled space impact and phasing space is roughly 4,000 square feet remodeled for Nutrition and Foods, 2,000 square feet of common (mechanical rooms and phasing/impacted space). Incorporated in the construction, site prep for new kitchen equipment which will be evaluated accordingly by the A/E of record in the contract drawings. The kitchen and dish room located in building 50 basement are currently occupied, requiring construction phasing plans that would lessen the impact on all current operations and departments.
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 as a verified SDVOSB in www.veterans.certify.sba.gov
The applicable NAICS Code for this acquisition is 236220 with a $45 million small business size standard. The magnitude of construction cost range is between $2,000,000 and $5,000,000.
See Contracting Officer's Special Information and Instructions for more information pertaining to this solicitation.
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.
X X
52.211-10 X
10:00
CST
01-29-2026 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
CLIN 0001 Base Bid _______
656-3660162-3204-854200-3220 23NR2WA26
Purchase Order Number - TBD
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
ATTN: Daniel Dobler Contract Specialist
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
Eric Reis
VA-VHA-RPOC-2023-0101
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 0.00 |
| jb |
| __________________ |
| __________________ |
The Contractor shall furnish all labor, materials, tools and equipment required to remodel the existing Dish room and Tray Service Line for the repair Building 50 basement Kitchen project. This project will focus on the failing Architectural, Mechanical, Electrical, Plumbing (MEP) and Heating Ventilating and Air Conditioning (HVAC) Systems that are nearing their end of life. Currently, the walls, ceiling and flooring finishes are continuously separating from the substrate and are beyond reasonable maintenance repair. This project will include a phased implementation of two (2) phases or less. An estimated square footage of remodeled space impact and phasing space is roughly 4,000 square feet remodeled for Nutrition and Foods, 2,000 square feet of common (mechanical rooms and phasing/impacted space). Incorporated in the construction, site prep for new kitchen equipment which will be evaluated accordingly by the A/E of record in the contract drawings. The kitchen and dish room located in building 50 basement are currently occupied, requiring construction phasing plans that would lessen the impact on all current operations and departments.
The PoP is 320 Days
PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1DA - Construction of Hospitals and Infirmaries
| GRAND TOTAL |
| __________________ |
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| A.3 PRICE/COST SCHEDULE | 3 |
| ITEM INFORMATION | 3 |
| CONTRACT AWARD | 6 |
| CONTRACTOR'S SIGNATURE | 6 |
| SITE VISIT | 6 |
| TECHNICAL QUESTIONS AND INQUIRIES | 6 |
| BIDDING MATERIAL | 7 |
| PREPARATION OF BIDS | 7 |
| BID SUBMISSION DOCUMENTS | 7 |
| DELIVERY OF BIDS | 8 |
| BID OPENING | 8 |
| INFORMATION REGARDING BID GUARANTEE AND BONDS | 9 |
| DETERMINATION OF NON-RESPONSIVE | 9 |
| DETERMINATION OF RESPONSIBILITY | 10 |
| VETS 4212 | 10 |
| SYSTEM FOR AWARD MANAGEMENT (SAM) | 11 |
| REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) | 11 |
| BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS | 12 |
| HHS/OIG EXCLUSIONS | 12 |
| REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT MANAGER | 13 |
| PRE-CONSTRUCTION CONFERENCE | 13 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 14 |
| 2.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025) ALTERNATE I (MAR 2023) | 14 |
| 2.2 52.216-1 TYPE OF CONTRACT. (DEVIATION NOV 2025) | 18 |
| 2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE WORK. (DEVIATION OCT 2025) | 18 |
| 2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 18 |
| 2.5 52.233-2 SERVICE OF PROTEST. (SEP 2006) (DEVIATION NOV 2025) | 19 |
| 2.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) | 20 |
| 2.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 20 |
| 2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 24 |
| 2.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) | 24 |
| REPRESENTATIONS AND CERTIFICATIONS | 26 |
| 3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION NOV 2025) | 26 |
| 3.2 52.209-13 Violation of Arms Control Treaties or Agreements-Certification. (DEVIATION NOV 2025) | 27 |
| GENERAL CONDITIONS | 30 |
| 4.1 52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS—SEALED BIDDING (JUN 2020) ALTERNATE I (OCT 2025) | 30 |
| 4.2 Small Business Program Representations. (FEB 2024) (DEVIATION NOV 2025) | 30 |
| 4.3 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (DEVIATION NOV 2025) | 33 |
| 4.4 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (DEVIATION OCT 2025) | 35 |
| 4.5 52.223-3 Hazardous Material Identification and Safety Data. Alternate I (JUL 1995) (Deviation NOV 2025) | 38 |
| 4.6 52.223-20 AEROSOLS (MAY 2024) | 39 |
| 4.7 52.223-21 FOAMS (MAY 2024) | 40 |
| 4.8 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (DEVIATION OCT 2025) | 41 |
| 4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS | 46 |
| 4.10 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 46 |
| 4.11 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (DEVIATION) (NOV 2025) | 56 |
| 4.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 58 |
| 4.13 52.252-4 ALTERATIONS IN CONTRACT (APR 1984) | 58 |
| 4.14 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) | 58 |
| 4.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 61 |
| ATTACHMENTS: | 63 |
CONTRACTING OFFICER’S SPECIAL INFORMATION AND INSTRUCTIONS
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 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.”
CONTRACTOR'S SIGNATURE
Contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows (see FAR 4.207):
· Individuals. Signed by the individual. Individual doing business as a firm. Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as (insert name of firm)".
· Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.
· Corporations. Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.
· Joint Ventures. Signed by each participant in the joint venture in the manner prescribed in (a) through (d) above.
· Agents. When an agent is to sign the contract, other than as stated in paragraph
(a) through (e) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.
SITE VISIT
A formal site visit has been scheduled for this project (see FAR 52.236-27). The pre- bid site visit will be at 2:30 pm (CT) on Tuesday January 6, 2026, in building 3 Room 207C at the Saint Cloud, MN VAMC, 4801 Veterans Dr, St Cloud, MN 56303. This will be the only opportunity for potential bidders to visit the site. All potential bidders, subcontractors, and suppliers are strongly encouraged to attend this site visit.
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 Contract Specialist, Daniel Dobler. Questions shall be submitted only via email to: daniel.dobler@va.gov. The subject line must read: PN: 656-20-130 Repair Building 50 Basement Kitchen Questions. Telephone inquiries will not be accepted. Questions, inquiries, or such are due no later than January 15, 2026, at 10:00 AM (CT). No late questions will be accepted or answered after this deadline. All 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.
BIDDING MATERIAL
Bidding materials consisting of Invitation for Bids, drawings, specifications, and contract forms will be available on https://sam.gov 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.
PREPARATION OF BIDS
The Government will not pay for any costs incurred in the preparation and submission of bids.
BID SUBMISSION DOCUMENTS
Files should be in Adobe* PDF (Portable Document Format) Files: Size: Maximum size of the e-mail message shall 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:
· Standard Form (SF) 1442 Solicitation, Offer, and Award: The offeror shall 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 shall 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 shall complete the Price Schedule which is provided with the solicitation.
· Bid Guarantee: The offeror shall furnish a bid guarantee (see FAR 52.228-1). The bid guarantee shall 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 shall provide their response to FAR 52.229-11 (d).
· Information Regarding Responsibility Matters: The offeror shall provide their response to FAR 52.209-7 (b).
· Post Award Small Business Program Representations: The offeror shall provide their response to FAR 52.219-28 (h), if applicable.
· Limitations on Subcontracting: The offeror shall 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 (Limitations on Subcontracting Cert of Compliance (2pages)). The completed and signed form will become part of the official award documentation.
DELIVERY OF BIDS
Send all submission documents via email to the Contract Specialist, Daniel Dobler at daniel.dobler@va.gov by 10:00 AM (CT), Thursday, January 29, 2026. The subject line must read: PN 656-20-130 Repair Building 50 Basement Kitchen.
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).
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 Microsoft Teams the date and time that the bids are due. Bidders join by calling 205-235-3524 and using passcode E38ba6ge. The meeting ID number is 262 890 437 530 91.
The bid submission emails will be kept in an electronic folder unread until the stated date and time at which time they will be opened and read to the public.
In the event there are concerns with the bids, in accordance with FAR 14.303, Microsoft Teams will be used to assist in the examination of the bid(s).
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 FAR 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.
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.
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 non-responsive bid.
Failure to provide a definitive price will result in a nonresponsive bid.
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 FAR 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.
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 FAR 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.
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.
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.”
REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING 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 $900,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires 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.
Each contractor whose contract award is estimated to exceed $750,000 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.
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 the awardee will need to coordinate with the VA Medical Center concerning badging requirements.
HHS/OIG EXCLUSIONS
To ensure 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.
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).”
PRE-CONSTRUCTION CONFERENCE
Before any work is started, a Pre-Construction Conference between the Contractor, Contracting Officer, and Project Engineer will be arranged through the Contracting Officer. Such matters as work commencement, sequence of work, estimated time for accomplishment, subcontractor information, and the overall responsibilities of the Contractor, Contracting Officer, and Project Engineer in the fulfillment of all aspects of the contract will be discussed.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025) ALTERNATE I (MAR 2023) (a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:
| NAICS Code |
| Size Standard |
[Contracting Officer to insert NAICS codes and size standards].
(2) 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.
(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) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(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) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the provision at 52.204-7.
(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:
[] (i) 52.204-17, Ownership or Control of Offeror.
[] (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)
2.2 52.216-1 TYPE OF CONTRACT. (DEVIATION NOV 2025)
The Government contemplates award of a ______________ [Contracting Officer insert specific type of contract] contract resulting from this solicitation.
(End of provision)
2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE WORK. (DEVIATION OCT 2025)
(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 52.233-2 SERVICE OF PROTEST. (SEP 2006) (DEVIATION NOV 2025)
(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)
2.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.
(b) The use in this solicitation of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(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…
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