S02 - RFQ No. 36C26127Q0082.docx
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- Solicitation number
- 36C26127Q0082
About this file
This is a Request for Quotation (RFQ) for roof replacement services at Building 347 of the Palo Alto VA Medical Center in Menlo Park, California. The solicitation number is 36C26127Q0082, issued by the Department of Veterans Affairs Network Contracting Office (NCO) 21 Construction Team II. The requirement is for replacement of approximately 12,000 square feet of flat roof sections, including mechanical wells, on a firm-fixed-price basis. The project value is between $1,000,000 and $2,000,000, with the applicable NAICS code 236220 (Commercial and Institutional Building Construction) and a small business size standard of $45 million. This is a 100 percent set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns that must be certified in the SBA Small Business Search at time of quote submission and prior to award. The period of performance is 180 calendar days after Notice to Proceed, and the place of performance is 795 Willow Road, Menlo Park, CA 94025-2539.
Quotations must be submitted in three parts—Technical Quote, Price Quote, and Bid Guarantee—by November 19, 2026 at 2:00 P.M. PDT via email to Daniel Jhun (daniel.jhun@va.gov). The technical evaluation includes two non-price factors: Technical Approach (high-level narrative describing general technical approach, roles and responsibilities, and an organizational chart limited to four pages) and Prior Experience (up to four relevant construction projects completed within the past five years demonstrating comparable size, complexity, and scope). Price will be evaluated for fair and reasonableness. The Government will award without negotiation to the quote offering best value but reserves the right to conduct discussions if necessary. A bid bond is required with submission; performance and payment bonds must be furnished within ten days of award. All contractors must be registered in the System for Award Management (SAM) and maintain active status. A non-mandatory but strongly encouraged site visit is scheduled for October 27, 2026 at 9:00 A.M. PDT. Requests for Information must be submitted by November 3, 2026 at 2:00 P.M. PDT. The applicable wage determination is CA20260018 (effective September 17, 2026).
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Site Visit Log 10-27-2026 B-347 Roof Replacement.pdf | ||
| Amendment to Solicitation No. 36C26127Q0082 0001.docx | DOCX document | |
| DBA General Decision CA20260018 09172026.docx | DOCX document | |
| Attachment C - Price Breakdown.xlsx | XLSX spreadsheet | |
| Specifications REV2 - 640A0-27-104 Replace Roof At BLDG 347 Menlo Park.pdf | ||
| Statement of Work Including Exhibits - Revised 10-06-2026 - Replace Roof at Bldg 347 Menlo Park.docx | DOCX document | |
| Attachment A - Evaluation Criteria 2- Prior Experience.xlsx | XLSX spreadsheet | |
| 2026 Menlo Park Map ltr_ID908_5-26v2.pdf | ||
| Pre-proposal Site Visit Briefing Slide.pptx | PPTX presentation | |
| Attachment B - REQUEST FOR INFORMATION_RFI_FORM.docx | DOCX document |
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Text version
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.
of 97
36C26127Q0082
10-20-2026
640-27-1-5306-0002
640A0-27-104 36C261 Department of Veterans Affairs Network Contracting Office (NCO) 21 Construction Team II 4951 Arroyo Road, Building T34, RM 100 Livermore CA 94550-9650 Vendors are authorized to submit quotes via email. Quotes should be emailed to daniel.jhun@va.gov
Daniel Jhun
650-493-5000 EXT 60009
A. Project Number: 640A0-27-104 Project Title: Replace Roof at Building 347 - Palo Alto VA Medical Center - Menlo Park NAICS Code: 236220 - Commercial and Institutional Building Construction; Small Business Size Standard: $45M.
In accordance with VAAR 836.204(f)(1), the disclosure of the magnitude of construction project is between $1,000,000.00 and $2,000,000.00
B. This is a firm-fixed-price construction requirement. Offeror must furnish all labor, material, transportation, required engineering services, overhead, profit to replace roof at Building 347 in accordance with the statement of work and construction specifications.
C. Place of Performance: Palo Alto VA Medical Center - Menlo Park, 795 Willow Road, Menlo Park, CA 94025-2539.
D. Period of Performance: 180 Calendar day after NTP
E. This contract will be awarded in accordance with RFO FAR Part 12 in conjunction with FAR Part 36, using comparative analysis approach (RFO FAR 12.203(c)(2)).
F. This procurement is a total service-disabled veteran-owned small business (SDVOSB) set-aside. Public Law 109-461 is the final authority on SDVOSB set-aside. Offerors must be verified in SBA Small Business Search the time submission offer and prior to award. SBA Small Business Search Link: https://search.certifications.sba.gov/. SBA Small Business Search will be used as the official source for SDVOSB verifications for this solicitation until further notice from the
SBA.
G. A site visit has been scheduled on Tuesday, October 27, 2026 at 09:00 AM PDT, at the front of Building 347, Palo Alto Center - Menlo Park, 795 Willow Road,VA Medical Menlo Park, CA 94025-2539. The primary POC is Daniel Jhun at daniel.jhun@va.gov. This site visit is not mandatory; however, it is highly encouraged to attend this site visit.
H. Questions and/or request for information (RFI) must be submitted using the RFI form attached and are due by Tuesday, November 3, 2026 NLT 2:00 P.M. PDT in order to allow replies to reach all prospective offerors in a timely manner.
RFIs must be sent via email to Daniel Jhun at daniel.jhun@va.gov
I. Bid bonds, payment and performance bonds are required under this solicitation and resultant contract.
J. All contractors are required to be registered and current in System for Award Management (SAM), the official website of the U.S. Government at www.sam.gov.
X X
Statement of Work X
2:00 PM
PST
11-19-2026 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
36C261 Department of Veterans Affairs Network Contracting Office (NCO) 21 Construction Team II 4951 Arroyo Road, Building T34, RM 100 Livermore CA 94550-9650
Department of Veterans Affairs FMS VA-9(101) Financial Services Center
PO Box 149971 Austin TX 78714-9971
Daniel Jhun Contracting Officer
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 | 6 |
| ITEM INFORMATION | 6 |
| A.4 DELIVERY SCHEDULE | 6 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 7 |
| Solicitation Provision | 13 |
| 2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 13 |
| 2.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 14 |
| 2.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 16 |
| 2.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION) | 16 |
| 2.5 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) | 19 |
| 2.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) | 19 |
| 2.7 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 20 |
| 2.8 52.228-1 BID GUARANTEE (SEP 1996) | 21 |
| 2.9 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 22 |
| 2.10 52.233-1 DISPUTES (MAY 2014) | 22 |
| 2.11 52.233-2 SERVICE OF PROTEST. (SEP 2006) (DEVIATION NOV 2025) | 24 |
| 2.12 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020) | 24 |
| 2.13 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021) | 26 |
| 2.14 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 27 |
| Solicitation Clauses | 28 |
| 2.15 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (DEVIATION) (NOV 2025) | 28 |
| 2.16 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (DEVIATION) (NOV 2025) | 30 |
| 2.17 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 31 |
| 2.18 52.219-27 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE SDVOSB PROGRAM (NOV 2025) (DEVIATION) | 37 |
| 2.19 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2025) (DEVIATION) | 39 |
| 2.20 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014) | 41 |
| 2.21 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION) | 41 |
| 2.22 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV 2025) | 43 |
| 2.23 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (AUG 2025) (DEVIATION) | 47 |
| 2.24 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 49 |
| 2.25 52.248-3 VALUE ENGINEERING—CONSTRUCTION (OCT 2025) | 58 |
| 2.26 SUPPLEMENTAL INSURANCE REQUIREMENTS | 61 |
| 2.27 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION) (MAR 2026) | 62 |
| 2.28 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 65 |
| 2.29 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 65 |
| 2.30 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 66 |
| 2.31 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 69 |
| 2.32 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025) | 70 |
| 2.33 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 71 |
| 2.34 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) | 71 |
| 2.35 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 74 |
| 2.36 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 74 |
| 2.37 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 2019) | 75 |
| 2.38 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 76 |
| 2.39 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 76 |
| 2.40 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 77 |
| 2.41 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 78 |
| 2.42 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 79 |
| 2.43 52.204-7 SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (DEVIATION) (NOV 2025) | 80 |
| 2.44 52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION) (NOV 2025) | 83 |
| 2.45 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025) | 84 |
| 2.46 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 86 |
| 2.47 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) | 87 |
| 2.48 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2025) (DEVIATION) | 87 |
| 2.49 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (NOV 2025) (DEVIATION) | 90 |
| 2.50 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) | 90 |
| 2.51 52.233-3 PROTEST AFTER AWARD (AUG 1996) | 91 |
| Special Clause Section | 93 |
| 2.52 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014) | 93 |
| ATTACHMENT LIST | 95 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
Roof Replacement of approximately 12,000 SF of flat roof sections (Mechanical Wells) at Building 347 Menlo Park Division.
The Period of performance must be 180 calendar days after NTP.
PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DZ - Maintenance of Other Hospital Buildings
| GRAND TOTAL |
| __________________ |
A.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Department of Veterans Affairs |
Palo Alto VA Medical Center – Menlo Park 795 Willow Road Menlo Park, CA 94025 2539
USA
1.00
| MARK FOR: |
| Kenneth Jenvey |
650-465-8764 Kenneth.Jenvey@va.gov
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
INSTRUCTION TO OFFERORS
1) INTRODUCTION:
a) These instructions prescribe the format of Quotes. Quotes are defined as consisting of both Prime Contractor’s Price Quote and Prime Contractor’s Technical Quote/Information. These instructions describe the approach for the development of the presentation of the required information and documentation. These instructions are designed to ensure submission of necessary information and documentation to provide for the comprehensive evaluation of quotes.
b) Offerors are cautioned to carefully review this solicitation prior to commencing preparation. For offers to receive full consideration for award, offerors must ensure that the information and documentation furnished in support of the price quote and the technical quote are current, factual, complete, and accurate.
c) Offerors are strictly advised to comply with all instructions within this solicitation to ensure submission of a complete Prime Contractor quote. Failure to furnish a complete quote with the instructions of this solicitation by the required time and date may result in the Contractor’s quote being determined ineligible.
d) This requirement is being solicited utilizing the procedures outlined in RFO FAR Part 12 in conjunction with RFO FAR Part 36. In accordance with RFO FAR 12.203(c)(2), the quotes will undergo a comparative evaluation to determine which quote is the best overall offer to the Government considering technical factors, while also providing a competitive price. Quotes will be evaluated by performing a direct comparison of one quote with another in a uniform manner to determine which quote provides the Government with its needs, as identified in the RFQ. The Government reserves the right to consider a response that quotes more than the minimum and select that response if it provides a benefit to the Government. The Government reserves the right to select a response that provides benefit to the Government that exceeds the minimum but is not required to do so. Responses may exceed requirements. Each response at a minimum must meet solicitation requirement statement. The Government is not requesting or accepting alternate quotes. The non-price factors must be evaluated utilizing the comparative analysis approach. One firm-fixed price construction contract will be awarded as a result of this solicitation.
e) This requirement is a 100% set-aside for SDVOSB.
f) The Wage Determination General Decision Number: CA20260018 09/17/2026 is applicable for this acquisition.
g) An offer guarantee is required in the form of a Bid Bond, which may be submitted electronically by the solicitation due date/time to the Contracting Officer, Daniel Jhun, by email at daniel.jhun@va.gov. Note: Performance and payment bonds will be required by the successful offeror within ten (10) days of Notice of Award.
h) This solicitation is a total SDVOSB set-aside. The offeror MUST have an active Unique Entity Identification (UEI) number and be current in System for Award Management (SAM). SDVOSB firms must be Certified Veteran Eligibility (CVE) verified prior to the submission of quotes. Offerors must be certified in SBA Small Business Search the time submission quote and prior to award. SBA Small Business Search Link: https://search.certifications.sba.gov/. SBA Small Business Search will be used as the official source for SDVOSB verifications for this solicitation.
i) The Government intends to award without negotiation the quote offering the Best Value to the Government. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
j) Submit your quote no later than November 19, 2026, 2:00 P.M. PDT. to the Contracting Officer, Daniel Jhun by email at daniel.jhun@va.gov.
k) Any questions may be directed to Daniel Jhun at daniel.jhun@va.gov.
l) Attachment List:
- Specifications REV2 - 640A0-27-104 Replace Roof At BLDG 347 Menlo Park
- Attachment A - Evaluation Criteria 2- Prior Experience
- Attachment B - REQUEST FOR INFORMATION (RFI) FORM
- Attachment C - Price Breakdown
- DBA General Decision CA20260018 09172026
- 2026 Menlo Park Map ltr_ID908_5-26v2
- Pre-solicitation Site Visit Briefing
2) SUBMISSION INSTRUCTIONS/REQUIREMENTS:
a) All quotes must be submitted in three (3) parts; Technical Quote/Information, Price Quote, and Bid Guarantee. The three (3) parts must include the following:
i) Technical Quote must include as follows:
1. Evaluation Criteria 1 – Technical Approach: a narrative describing the general technical approach for accomplishing the requirements of this contract based on the General Requirements outlined in the statement of work and Specification (Specification Section 01 00 00.) This is of a high level and does not require referencing specifications. The narrative must include the roles and responsibilities of the offeror. If the offeror is made up of more than one legal entity (e.g. Joint-Venture, Limited Liability Company, Limited Partnership, etc.), the narrative must describe the roles and responsibilities of each legal entity(s) comprising the offeror. Provide an organizational chart, clearly depicting the offeror’s hierarchical structure and the communication channel (including each legal entity comprising the offeror if a Joint Venture or the offeror is made up of more than one legal entity). The narrative and organizational chart must be limited to four (4) single-sided pages, 8.5” x 11”, 1” margin left/right/top/bottom, and 10-point font or larger.
2. Evaluation Criteria 2 – Prior Experience: Provide information on relevant and recent experience on construction contracts of comparable size, complexity and scope, completed within the last five calendar years as described in the below requirements. The offeror must complete Attachment A for this factor for each project submitted. Attachment A is structured to allow for the entry of up to four (4) total projects. The use of Attachment A and all information therein is mandatory and will be used to evaluate experience. The Government will evaluate only the information provided in Attachment A and all other information provided on other than Attachment A will not be considered. The Offeror may expand individual cells on Attachment A. Attachment A submittals that do not comply with these requirements will not be evaluated.
Submit up to four (4) example projects demonstrating the experience and capability of the offerors in replacing roof or similar healthcare/medical facility related projects, including the largest construction efforts within those projects. Examples should highlight the offerors' experience, as well as their ability to coordinate and work as a team, leading to the successful completion of relevant projects that are similar in size, scope, and complexity to the requirements outlined in the RFQ. The example projects must be completed within last five calendar years.
ii) Price Quote must include completed SF1442, any amendments, VAAR Clause 852.219-75 (JAN 2023)(Deviation) certification, and price breakdown (Attachment C - Pricing Breakdown.)
iii) Bid Guarantee part must include an electronic copy of the bid guarantee scanned in a manner that the raised seal is clearly visible. Hard copies of the Bid Guarantees with wet signatures will be requested as necessary.
b) Offeror must send one (1) electronic copy via (email must be less than 10MB) of the technical quote, price quote, and the bid guarantee to arrive on or before the due date/time. The subject line of the email must read: “Solicitation No. 36C26127Q0082 – Project No. 640A0-27-104, Replace Roof at BLDG 347 – Menlo Park.” Send the email to daniel.jhun@va.gov.
c) Faxed quotes are not permitted under any circumstances.
d) Offerors MUST include in the body of the email containing the quotes as follows:
i) Company Name
ii) Replace Roof at BLDG 347 – Menlo Park
iii) RFQ 36C26127Q0082
e) Offerors may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their quotation.
f) The offeror must be held responsible for the validity of all information supplied in his/her quotation, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the quotation may be rejected and receive no further consideration.
g) All commitments made in the quote may become a part of the resultant contract. The data submitted with each quote should be complete and concise, but not overly elaborate.
3) INSTRUCTIONS FOR SUBMITTING REQUESTS FOR INFORMATION (RFI):
a) All Requests for Information (RFIs) regarding this RFQ must be submitted in writing and received NLT 2:00 P.M. PDT on Tuesday, November 3, 2026 in order to allow replies to reach all prospective offerors in a timely manner. Questions/RFIs must be sent via email to Daniel Jhun at daniel.jhun@va.gov.
BASIS FOR AWARD
1) INTRODUCTION
a) The contract resulting from this solicitation will be awarded to that responsible vendor whose quotation, conforming to the solicitation, is determined to be the most advantageous to the Government considering both price and non-price evaluation factors.
The Government will employ business judgement and a comparative evaluation of quotations to determine which quotation represents the best value and the best overall offer to the Government. In accordance with RFO FAR 12.203(c)(2), quotation will be evaluated through a direct comparison of one quotation against another in a uniform manner to determine which quotation best satisfies the Government’s requirements as identified in the RFQ.
Award may be made to an offeror other than the lowest-priced offeror or the highest-rated offeror under the non-priced factors when the Government determines that the benefits of a higher-rated quotation warrant any associated price premium. The Government reserves the right to select a quotation that exceeds the minimum requirements of the RFQ when the additional value provided is determined to be beneficial to the Government.
2) EVALUATION CRITERIA
a) In accordance with Revolutionary FAR Overhaul (RFO) Federal Acquisition Regulation (FAR) Part 12, this acquisition will be solicited to all qualified SDVOSB vendors capable of meeting the Government’s requirements as outlined in the solicitation. A Comparative evaluation of the non-price criteria will be used to determine the quote that represents the best value to the Government.
b) Prior to an evaluation of any quote received, a recertification/verification of SDVOSB and System for Award Management (SAM) will be completed to ensure every offeror is a certified Service-Disabled Veteran Owned Small Business (SDVOSB) and a small business under the NAICS code 236220 - Commercial and Institutional Building Construction.
c) Definitions:
i) Relevancy For purposes of this evaluation, a relevant project is defined as new construction and/or repair, alteration and related demolition of existing infrastructure completed within the past five years of the solicitation issue date of this RFQ. Infrastructure is defined as: 1) construction of a healthcare facility; 2) construction for industrial buildings and warehouses; 3) nonresidential buildings, other than industrial buildings and warehouses; or 4) improvements such as utilities, landscaping, and roadways. “New Construction” is defined as construction that provides for new or expanded facilities or infrastructure. New construction does not include repair and/or modernization of an existing facility, nor does it include replacement or upgrade to an existing infrastructure. projects are those that are of similar size, complexity, and scope. A project does not have to have all three to be evaluated.
ii) Size is defined as any project over $2,000,000.00.
iii) Complexity is defined as a project that includes several specialty trades and some engineering.
iv) Scope is defined as work or activities related, or closely related to that which is outlined in the Statement of Work such as but not limited to; replacing roof or similar roof replacement at healthcare/medical facility, including demolition and site grading.
v) Recency is defined as a project completed in the previous five (5) calendar years unless otherwise stated.
d) Evaluation Criteria 1 – Technical Approach:
i) Solicitation Submittal Requirements: The Offeror must provide a narrative describing the general technical approach for accomplishing the requirements of this contract based on the General Requirements outlined in the statement of work. This is of a high level and does not require referencing specifications. The narrative must include the roles and responsibilities of the offeror. If the offeror is made up of more than one legal entity (e.g. Joint-Venture, Limited Liability Company, Limited Partnership, etc.), the narrative must describe the roles and responsibilities of each legal entity(s) comprising the offeror. Provide an organizational chart, clearly depicting the offeror’s hierarchical structure and the communication channel (including each legal entity comprising the offeror if a Joint Venture or the offeror is made up of more than one legal entity). The narrative and organizational chart must be limited to four (4) single-sided pages, 8.5” x 11”, 1” margin left/right/top/bottom, and 10-point font or larger.
ii) Basis of Evaluation: The offeror’s technical approach will be used as a means to assess the Offeror’s understanding of the General Requirements of the contract, the roles and responsibilities of the offeror to accomplish the requirements of the contractor.
e) Evaluation Criteria 2 – Prior Experience:
i) Solicitation Submittal Requirements: Provide information on relevant and recent experience on construction contracts of comparable size, complexity and scope, completed within the last five calendar years as described in the below requirements. The offeror must complete Attachment A for this factor for each project submitted. Attachment A is structured to allow for the entry of up to four (4) total projects. The use of Attachment A and all information therein is mandatory and will be used to evaluate experience. The Government will evaluate only the information provided in Attachment A and all other information provided on other than Attachment A will not be considered. The Offeror may expand individual cells on Attachment A. Attachment A submittals that do not comply with these requirements will not be evaluated.
1. Submit up to four (4) example projects demonstrating the experience and capability of the offerors in replacing roof or similar healthcare/medical facility related projects, including the largest construction efforts within those projects. Examples should highlight the offerors' experience, as well as their ability to coordinate and work as a team, leading to the successful completion of relevant projects that are similar in size, scope, and complexity to the requirements outlined in the RFQ. The example projects must be completed within last five calendar years.
ii) Basis of Evaluation: The basis of evaluation will include the offeror’s demonstrated experience and depth of experience in performing recent, relevant construction projects as defined in the solicitation submittal requirements of similar size, scope and complexity. The assessment of the offeror’s relevant experience will be used as a means of evaluating the capability of the offeror to successfully meet the requirements of the RFQ. Offeror’s projects will be rated individually and then combined to achieve an overall rating of this factor. Offeror’s demonstrating recent and relevant construction experience; timely project completion; recent and relevant roof replacement or similar projects related to healthcare facility; recent and relevant examples of offeror demonstrating a successful contractor team arrangement; and recent and relevant projects completed in the NCO 21 Geographic location may be rated more favorably.
f) Evaluation Criteria 4 – Price:
i) Solicitation Submittal Requirements: All quotes must include complete 1442, any amendments and a completed price breakdown sheet (Attachment C - pricing breakdown.)
ii) Basis of Evaluation: Price will be evaluated to determine fair and reasonableness.
SITE VISIT INFORMATION
1) A site visit has been scheduled on Tuesday, October 27, 2026 at 09:00 A.M PDT at the front of Building 347, Palo Alto VA Medical Center – Menlo Park, 795 Willow Road, Menlo Park, CA 94025-2539. The primary POC is Daniel Jhun at daniel.jhun@va.gov.
2) A pre-solicitation conference briefing slides has been attached to this solicitation. Please share the pre-solicitation conference briefing slide with your subcontractors if you have any. An individual second visit to the site is not allowed. Please submit all questions in writing via email and must be submitted using the RFI form, attached and are due by the specified date and time in this solicitation. This site visit is not mandatory; however, it is highly encouraged to attend this site visit. Please provide list of names who will be attending the site visit at least one (1) day prior to site visit.
INSTRUCTIONS FOR OBTAINING THE REQUEST FOR QUOTE (RFQ)
The RFQ can be accessed at https://sam.gov. Offerors can also search SAM.gov using the solicitation ID #36C26127Q0082. Printed copies of the RFQ 36C26127Q0082 not be issued.
(END OF INSTRUCTIONS TO OFFERORS)
Solicitation Provision
2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
"Federal contracts and grants with total value greater than $10,000,000" means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
"Principal" 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 [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of Provision)
2.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)
(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.
(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or
(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless—
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—
(i) Waived application under U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).
(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
(End of Provision)
2.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of Provision)
2.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, means a small business concern that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $45 Million.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations.
(1) The offeror represents as part of its offer that—
(i) It [ ] is, [ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not, a women-owned small disadvantaged business concern.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern.] The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.
(d) Notice.
Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—
(1) Punished by imposition of fine, imprisonment, or both;
(2) Subject to administrative remedies, including suspension and debarment; and
(3) Ineligible for participation in programs conducted under the authority of the Act.
(End of Provision)
2.5 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) (a)(1) The offeror must notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror must request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror must request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the…
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