S02 IFB 36C26326B0012.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

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

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C26326B0012 X 03-0 -2026 437-26-3-6689-0001 437-23-165 36C263 Department of Veterans Affairs Network Contracting Office 23 Kaleb Gleason, Contract Specialist

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Kaleb Gleason, Contract Specialist NCO23 Kaleb.Gleason@va.gov

Kaleb Gleason 515-699-5999 ext. 23232 Project Number: 437-23-165, Repair Water System to Prevent Legionella POC: Kaleb Gleason, kaleb.gleason@va.gov

The Contractor shall furnish all labor, materials, and equipment to reduce or eliminate the risk of Legionella Disease (LD) by upgrading the Domestic Water Monitoring Systems across the Fargo VAHCS' facilities. These facilities consist of 7 existing water monitoring stations. Furthermore, approximately 175 plumbing fixtures need Thermostatic Mixing Valves (TMVs) added to existing fixtures, or the replacement of existing sinks and faucets.

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 bids 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 238220 with a $19 million small business size standard. The magnitude of construction cost range is between $1,000,000.00 and $2,000,000.00.

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 one (1)

2PM

CST

04-07-2026 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 ______________________

437-3660162-6689-854200-3220-23NR3WA22

Purchase Order Number - TBD

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Y

DEPARTMENT OF VETERANS AFFAIRS

FMS-VA-2(101)

FINANCIAL SERVICES CENTER

PO BOX 149971

AUSTIN TX 78714-9971

Eric Reis

VA-VHA-RPOC-2023-0101

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Project: 437-23-165 Repair Water System to Prevent Legionella

Base Bid, Item 1: The contractor shall furnish all labor, materials, and equipment to reduce or eliminate the risk of Legionella Disease (LD) by upgrading the Domestic Water Monitoring Systems across the Fargo VAHCS' facilities. This consists of 7 existing water monitoring stations, approximately 175 plumbing fixtures requiring Thermostatic Mixing Valves (TMVs), and/or the replacement of existing sinks and faucet fixtures in accordance with the specifications, drawings, scope of work, and other contract documents.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: Y1DA - Construction of Hospitals and Infirmaries

Table of Contents

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):

a) 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)".

b) Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.

c) 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.

d) Joint Ventures. Signed by each participant in the joint venture in the manner prescribed in (a) through (c) above.

e) Agents. When an agent is to sign the contract, other than as stated in paragraph (a) through (d) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

SITE VISIT

The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigation and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, all potential bidders, subcontractors, and suppliers are strongly encouraged to inspect the site where the work will be performed.

An organized site visit has been scheduled for March 13, 2026, at 12:30pm.

Participants will meet in BD-95, located in the basement of the main hospital, maintenance and repair section of the Fargo VAHCS.

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 bidders to the Contract Specialist, Kaleb Gleason. Questions shall be submitted only via email to: kaleb.gleason@va.gov. The subject line must read: PN: 437-23-165, Repair Water System to Prevent Legionella Questions. Telephone inquiries will not be accepted. Questions, inquiries, or such are due no later than March 20, 2026, at 11:00 AM (CT). No late questions will be accepted or answered after this deadline. Any questions posed during the site visit should be written down and submitted to the contracting officer and/or contract specialist, no questions will be answered at the site visit. All questions will be answered and/or responded to via an amendment after the closing date.

YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACT SPECIALIST OR 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. Bidders are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of bids. 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, or 3.) an acceptable method of amendment acknowledgement.

· 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).

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

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

· Post Award Small Business Program Representations: The offeror shall provide their response to FAR 52.219-28 (h), If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract.

· 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 (VAAR 852.219-75 Limitations on Subcontracting-Cert of Compliance_JAN 2023 [DEVIATION] - 2pages). The completed and signed form will become part of the official award documentation.

DELIVERY OF BIDS

In accordance with FAR 14.209(c), send all submission documents via email to the Contract Specialist, Kaleb Gleason, at kaleb.gleason@va.gov by 2:00 PM (CT), Tuesday, April 7, 2026. The subject line must read: 437-23-165, Repair Water System to Prevent Legionella

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 teleconference. Bidders may call +1 205-235-3524,,806814314# on Tuesday, April 7, 2026, at 2:00 PM (CT) and enter participant code 806 814 314# to join. To join via Microsoft Teams, the Meeting ID is: 226 145 435 500 3, passcode: mP389Wb6

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.

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 non-responsive 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 –

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

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

1. Have a satisfactory performance record.

1. Have a satisfactory record of integrity and business ethics.

1. 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).

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

1. 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).

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) As prescribed in Federal Acquisition Regulation (FAR) Part 42.1102(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $900,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The 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 Sea 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 $900,000 is required to register within the 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’s 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 (COR) will be arranged through the Contracting Officer. Such matters as work commencement, sequence of work, estimated time for completion, subcontractor information, and the overall responsibilities of the Contractor, Contracting Officer, and Project Engineer/COR, in the fulfillment of all aspects of the contract, will be discussed.

TAXES

Contractors 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.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

52.209-5 Certification Regarding Responsibility Matters.

As prescribed in 9.104-7(a), insert the following provision:

Certification Regarding Responsibility Matters (Deviation NOV 2025)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:

(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) The Offeror has □ has not □, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

(End of provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE WORK. (DEVIATION NOV 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)

2.3 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 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)

2.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

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

Marginalized populations of Sudan means—

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

(b) Procedures.

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

(2) FASCSA Orders.

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

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

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

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

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

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

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

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

(f) Iran Representation and Certifications.

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

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

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

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

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

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

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

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

(g) Disclosure.

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

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

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

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

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

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

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

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

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

(A) Brand;

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

(C) Item description, as applicable.

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

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

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

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

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

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

(End of Provision)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 http://www.va.gov/oal/library/vaar/index.asp

(End of Provision)

2.7 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…