36C10D24Q0188.docx

36C10D24Q0188

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

VA

36C10D24Q0188 06-11-2024 Tamara Feist-Hatfield 775-391-1709 06-25-2024

9 AM

MDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006 X X 531210 $15 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G Street NW Washington

DC

20006 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

All invoices must be e-mailed to:

See Tungsten Payment Procedures

See CONTINUATION Page See Price Schedule Site Visit is scheduled on June 17, 2024 at 10AM MT at the VBA Boise Regional Office.

All questions regarding this requirement must be emailed to tamara.feist-hatfield@va.gov by June 20, 2024 by 9 AM MT.

100% SB set-aside - Certification under 852.219-75 must be completed, signed and returned with the quote. The Government will not consider quotes without the certification included and will be deemed ineligible for evaluation and award.

See CONTINUATION Page X X X Tamara Feist-Hatfield

VA-VBA-2017-A44F6B8D

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10D Tamara Feist-Hatfield Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

IAW Tungsten Payment Procedures

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Provide Facility Maintenance Services IAW the PWS for VBA Boise Regional Office Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025 PRINCIPAL NAICS CODE: 531210 - Offices of Real Estate Agents and Brokers PRODUCT/SERVICE CODE: Z1AA - Maintenance of Office Buildings

Provide Facility Maintenance Services IAW the PWS for VBA Boise Regional Office Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

Provide Facility Maintenance Services IAW the PWS for VBA Boise Regional Office Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-31-2027

Provide Facility Maintenance Services IAW the PWS for VBA Boise Regional Office Contract Period: Option 3 POP Begin: 08-01-2027 POP End: 07-31-2028

Provide Facility Maintenance Services IAW the PWS for VBA Boise Regional Office Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

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B.2 PERFORMANCE WORK STATEMENT

FACILITIES MAINTENANCE SERVICES

VBA BOISE REGIONAL OFFICE

1. DESCRIPTION OF SERVICES. The Contractor shall provide all management, supervision, tools, equipment, supplies and labor necessary to ensure that facility maintenance services are performed at the Boise VA Regional Office (RO) in a manner that will maintain optimal facility operation and minimize the need for avoidable repair of building HVAC and mechanical systems. The square footage of the Boise RO facility is approximately 42,428.

1.1. MAINTENANCE AND INSPECTION SERVICES. The Contractor shall accomplish all maintenance, repairs and inspection tasks to meet the requirements of this performance work statement. The minimum frequencies are established in Appendix A, Workload Factors. The Contractor shall obtain and maintain at his/her own expense all necessary licenses, permits and insurance and shall conform to all laws, regulations, and ordinances applicable to performance of the contract. The Contractor shall provide to the Contracting Officer proof of insurance coverage.

1.1.1. Verify Operations of the HVAC system. The building first floor is serviced by two McQuay Maverick II, Models MPS030A – 050A, Roof Top Units (RTU) 101 and 102. The building second floor is serviced by one Daikin Model DPSA050, Roof Top Unit (RTI) 201. Ensure all HVAC systems are operational through maintenance and repairs, as needed. Government will supply parts and materials per paragraph 4.4.

1.1.1.1. Verify operation of DDC controls. The facility HVAC system is monitored by an Alerton Direct Digital Controls (DDC) system. Ensure DDC system is communicating with all systems as required to maintain optimal HVAC operation.

1.1.1.2. Resolve system alarms. Mechanical system alarms will be monitored on a 24/7 basis. All system alarm notifications will be investigated and remedied as soon as possible. Third parties will be used only when the repair is beyond the scope of this contract and the Contractor’s expertise. All alarms will be recorded noting the reason for the alarm and any corrective action taken.

1.1.1.3. Record/monitor utility usage. The Contractor will record utility usage trending data to determine if maintenance/repair is required. Contractor will record second floor utility usage for water, electric, and natural gas from DDC monthly.

1.1.1.4. Conduct geothermal system equipment maintenance to include basic troubleshooting and necessary repairs and adjustments. Make manual adjustments as needed to ensure proper operation of the system. System includes primary and secondary distribution 120 gpm pumps and variable frequency drives (VFDs). Develop preventive maintenance schedule in accordance with manufacturer’s recommendations.

1.1.1.5. Resolve employee HVAC issues. Air temperature in office and public spaces is to be maintained at 72o Fahrenheit, + or – 2o. Perform basic troubleshooting as needed to ensure these temperatures are maintained.

1.1.1.6. Conduct HVAC system inspection and change filters per manufacturer’s recommended guidelines. All filters will be changed in accordance with the preventive maintenance schedule, to include the HEPA filter located in the mail room. Filters will be supplied by the Contractor.

1.1.1.7. Inspect and record HVAC water chemical treatment levels. Ensure chemical treatment levels are within tolerance, correct as necessary.

1.1.2. Exterior and interior lighting.

1.1.2.1. Inspect interior and exterior lighting. Replace lights as needed.

1.1.2.2. Inspect all building emergency lighting and exit signs and maintain an inspection log of results and any needed repairs. Perform monthly and annual function testing as required.

1.1.2.3. Clean interior light fixtures semi-annually, removing any accumulated debris. Remove light fixtures as necessary to clean interior.

1.1.3. Inspect landscaping. Inspect irrigation system and landscaping. For irrigation repairs, downed trees, or trees and shrubbery that require trimming, etc., coordinate with the VA Medical Center (VAMC) Facilities Management Service for corrective action. Act as liaison with the VAMC Facilities Management Service to ensure mowing, watering and other lawn maintenance is performed as required. Report any issues to the onsite Government POC.

1.1.4. Inspect all door operations. Ensure all exit doors close properly. Inspect hydraulic door closers and panic bars monthly and adjust as necessary to maintain serviceability and proper building pressure.

1.1.5. Inspections of all plumbing and fixtures. Perform cursory inspection of all plumbing and fixtures weekly for obvious leaks or damage. Perform quarterly inspection of plumbing and fixtures for leaks or damaged elbow joints and other connections, dripping/running water and other defects.

1.1.6. Inspect mechanical systems and prepare status report. Provide a quarterly written report on the inspection of all mechanical systems. Include inspection results, preventive or corrective maintenance performed, and any conditions that require correction. The report will be submitted to the onsite Government POC. no later than the 15th of the month at the beginning of each new quarter (i.e., January, April, July, October).

1.1.7. Inspect all building finishes (Carpet, Tile, Paint, Ceilings) for minor damage. Inspect walls, ceiling tiles and resilient floors for nicks, scratches, holes and other damage less than 2 sq. ft. in area, repair/repaint/replace as necessary. Inspect carpeting for stains, holes and other obvious damage less than 2 sq. ft. in area, and clean or replace as needed. Report all damage to the onsite Government POC.

1.1.8. Inspect roof, roof drains, and heat tape; clean roof drains. Inspect heat tape on roof drains monthly for serviceability and repair as needed. Inspect roof drains monthly for serviceability and clear any debris or other obstructions to ensure good drainage.

1.1.9. Inspect and clean mechanical and electrical rooms. Inspect and clean mechanical rooms weekly. Keep rooms free of excess storage items. Ensure all required equipment and supplies are stored neatly and do not present a safety hazard. Inspect and clean all electrical rooms monthly. Ensure electrical rooms are free of debris and are not used for storage. Notify the onsite Government POC. if stored items are found in any electrical room.

1.1.10. Coordinate annual fire alarm testing and inspection to include fire sprinkler system, backflow preventor and fire extinguisher recertification. Arrange for testing and maintain documentation for annual fire alarm and sprinkler system inspection and testing and fire extinguisher recertification. Arrange for and maintain documentation for the quarterly inspection of backflow preventor.

1.1.11. Inspect all fire extinguishers. Inspect fire extinguishers for serviceability, mounting, and proper charge monthly and annotate inspection card.

1.1.12. Coordinate facility Contractor work. Act as a point of contact and coordinator. Act as liaison for the onsite Government POC when third party contracted work is performed, to include but not limited to the reconfiguration of the offices, training rooms and other work areas. Work not covered in this PWS shall not be performed without prior approval of the Government.

1.1.13. Snow and Ice Removal. Ensure all walkways are free of ice and snow and spread ice melt as needed. Ice melt for walkways is provided by the Government. This includes ensuring a clear pathway to allow access to the dumpster and in the front of the dumpster enclosure. Ensure the front employee (approximately 58 spaces) and visitor parking lots (approximately 12 spaces) are plowed and de-iced no later than 5:30AM and the rear parking lot is cleared and de-iced no later than 6:30AM. Snow and ice removal shall also be performed in the aforementioned areas during the workday if snow accumulation necessitates. See Appendix B for parking lot layout.

1.1.14. Schedule preventative maintenance services as needed. Develop a preventive maintenance schedule in accordance with the manufacturer’s recommendations for the HVAC and all other mechanical systems, providing a copy of the schedule to the onsite Government POC. At the beginning of the contract, the Contractor shall take into account the most recent completion of all preventative maintenance actions when developing the maintenance schedule. Perform all preventive maintenance as required. All belts, filters and other expendable supplies related to the performance of preventive maintenance will be furnished by the Contractor.

1.1.15. Provide an on-site certified HVAC technician for at least four hours daily. This shall be either four hours in the morning or two hours in the morning and two hours in the afternoon. The morning on-site support must be present no later than 7:00AM and the afternoon on-site support must take place during normal business hours. Outside of the on-site periods, the Contractor shall provide on-call support as needed during normal business hours.

1.1.16. Computer Room Air Conditioning or Special Systems. (3) APC air cooled condenser units similar to Model 4MBH/1F TD on roof. (2) APC InRow RD rack cooling system) Quarterly, visually inspect and clean cooling unit condenser coils, check for proper glycol level and concentration at reservoir; add, if needed.

1.1.17. 2nd Floor IT Closet (274), 2nd Floor Electrical Room (273), 1st Floor Elevator Machine Room (100A), 1st and 2nd Floor East Stairwell Air Conditioning Systems. Quarterly, visually inspect and clean roof top cooling units as well as fan coils and filters at distributed locations.

1.1.18. Electric Unit Heaters at mail room 1st floor east entrance (Marley Engineered Products Model# WH4408 wall heater), 1st floor east stairwell entrance (Marley Engineered Products Model# WH4408FC wall heater), and 1st floor elevator lobby entrance (Dayton Model# 2YU43 ceiling panel heater). Annually, prior to heating season, check unit operation and thermostat operation.

1.1.20. Hot Water Heater Gas. (Bradford White Model# LG2 PDV50 H603N) Annually, check pressure valve, check operation of thermostat, check all connections water, gas, electric, examine tank exterior for signs of corrosion or leaks, drain tank to remove sediment and refill.

1.1.21. Water Softener. (Pentair Model# Fleck 3900 control valve) Semi-annually, examine tank exterior, fittings and gauges for signs of corrosion or leaks, flush system, inspect salt bed for proper level.

1.1.22. Variable Air Volume System (VAV) and Filters (1st Floor).

(VAV - Krueger Model# QFC / TU – Krueger Model# LMHS) Semi-annually, check to

1.1.23. Air Terminal Units (TU) (2nd Floor). (Daikin Model# MQTH508 Air Terminal Units) Annually, check to see that operating control moves damper to desired position, check damper linkage for tightness or damage, check damper for free movement, inspect connecting duct work for air leaks, check the heating valve for proper operation, check electrical connections to actuators. Note: There are 33 TUs on 2nd Floor.

1.1.24. Humidification System. (Neptronic Model# SF-SKEA-N04M-208-3 humidifier) Semi-annually, remove and clean evaporation chamber and level sensor with vinegar or weak acid, check piping for leaks, clean the blower if there is an accumulation of dust, check that drain lines are free of debris, check condition of heating elements.

1.1.25. Fan, Centrifugal. Annually, check fan blades and moving parts for excessive wear, check bearings and grease when applicable, check belts for wear; adjust tension or alignment when needed, replace belts when needed. Note: Added two exhaust fans on 2nd floor. 1st floor exhaust fans were changed from roof to exterior fans to interior fans located in the ceiling on 2nd floor.

1.1.26. Preventative maintenance of drinking water systems. Water fountain filters will be replaced as described in the next paragraph. There are three water fountains on the first floor and one water fountain on the second floor. Ice machine filters will be changed annually. There is one ice machine on the first floor and two on the second floor. Break room sink filters will be replaced quarterly. There is one break room sink on the first floor and three break room sinks on the second floor (this includes the mother/family room.) Each sink requires one hot water filter and two cold-water filters.

Replace water filters on two water bottle filling stations on the first floor and one on the second floor; the filter shall be replaced every four months on the station located near the public restrooms in the lobby area, every four months on the station located near the second-floor public restrooms, and every two months on the station located in the employee hallway in the non-public area. Replace one water filter in hot water line and two water filters in the cold-water line quarterly located in the employee break room.

1.1.27. Chemicals. The use of caustics (acid-based cleansers) will not be approved. Materials or supplies shall not be used in performance under this contract (or placed or stored on Government property) until the applicable Safety Data Sheets (SDS) for all chemicals and hazardous materials (products containing CAUTION or WARNING labels) have been furnished to the Government and approval has been received from the onsite Government POC.

The Contractor shall submit SDS sheets obtained from the manufacturer or dealer concerning all hazardous materials (products containing CAUTION or WARNING labels) to be used under this contract through the onsite Government POC for approval prior to use. SDS will be placed in the binder in the maintenance room.

2. PERFORMANCE REQUIREMENTS SUMMARY. The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance standards briefly describe the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

HVAC Maintenance

Not more than five valid customer complaints for the month regarding heating/cooling of building. Not more than one instance per month of HVAC rework due to inadequate/incorrect maintenance.

Maintenance and Inspection

3. GOVERNMENT FURNISHED PROPERTY. None

4. GENERAL INFORMATION.

4.1. QUALITY CONTROL. The Contractor shall develop and maintain a quality program to ensure maintenance is performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficient services. As a minimum, the Contractor shall develop quality control procedures addressing the areas identified in paragraph 2, Performance Requirement Summary.

The Government representative(s) will monitor performance and review performance reports furnished by the Contractor to determine how the Contractor is performing against communicated performance objectives. The Government will make determination regarding incentives based on performance measurement metric data and notify the Contractor of those decisions. The Contractor will be responsible for making required changes in processes and practices to ensure performance is managed effectively.

The Contractor shall take corrective action when any task associated with this task order is found deficient or substandard. The cost of correction is to be borne by the Contractor. The Contractor shall handle all records received to ensure unauthorized release of information cannot occur.

4.2. QUALITY ASSURANCE. The onsite Government POC will monitor the Contractor’s performance daily and ensure services are received and acceptable in accordance with the Performance Work Statement. The onsite Government POC will evaluate the Contractor's performance through periodic on-site inspections, frequent checks of the facility temperatures, and response to “just-in-time” requirements for maintenance issues. The onsite Government POC will also review the Quality Control Procedures provided by the Contractor. The onsite Government POC will routinely evaluate the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan.

4.2.1. QUARTERLY PERFORMANCE MEETING. Representatives from each organization will participate in a quarterly performance meeting to review performance, quality control, progress, requirements, etc. Suggested representation is the onsite Government POC, the Contractor’s manager and the Contractor’s quality control person, the facility manager and/or Support Services Chief.

4.3. GOVERNMENT REMEDIES. If for any reason the scheduled time for a deliverable cannot be met, the Contractor is required to explain why (include the original deliverable due date) in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response in accordance with applicable regulations. The contracting officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items (FEB 2012), for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services. The Government will be responsive to any requests for information needed to complete the contract’s tasks.

4.4. CONTRACTOR RESPONSIBILITIES. For minor repairs identified within the scope of this PWS, the Contractor shall provide labor during established work hours. The Government will provide all required repair parts, materials and supplies in full, such as, light fixtures, plumbing fixtures, ceiling tiles, etc. Supplies or materials less than $20 will be provided by the Contractor, such as small amounts of adhesives, tape, hardware, etc. Requirements exceeding this limit will be quoted to the Government and approved prior to purchase. If a sub-contractor is required, the Contractor shall provide a quote to the COR prior to authorizing work or services.

4.5. HOURS OF OPERATION. The core hours for the Boise VA Regional Office are from 6:00AM to 6:00PM. Normal business hours are from 8:00AM to 4:30PM. HVAC and mechanical systems are monitored 24/7 to ensure optimal performance, and the Contractor must be prepared to respond immediately to HVAC and mechanical system emergencies. Contractor must also be able to respond immediately for all emergency maintenance requirements (plumbing, lighting, etc.)

4.5. SECURITY REQUIREMENTS. All contract employees who have logical access or physical access to secured areas of the Regional Office must obtain a PIV card. Requirements for obtaining PIV cards are addressed in paragraph 5 of this contract.

4.6. SPECIAL QUALIFICATIONS. All maintenance and repairs performed on the HVAC and mechanical systems beyond the scope of routine filter changes, etc. must be performed by qualified technicians. The cost of repairs will be borne by the Contractor if the HVAC or mechanical systems sustain damage due to work by unqualified technicians. Contractor employee(s) shall possess a minimum of three years technical working knowledge of commercial HVAC, geothermal, and direct digital control (DDC) operations and maintenance, as well as the necessary experience and proficiency in various maintenance trade skills to meet all requirements contained in this Performance Work Statement. The HVAC technician shall be designated as key personnel.

4.7. CHANGES TO PERFORMANCE WORK STATEMENT. Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

4.8. TYPE OF CONTRACT. This is a firm fixed price contract.

5.0. SECURITY REQUIREMENTS

VA Information and Privacy Requirements

General

All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program; and VA Handbook 6500.6, Contract Security which are available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place.

Background Investigation

The contract employee level of background investigation (BI) required for this effort is: MBI. This BI level is required for unescorted access to sensitive areas.

Contractor Responsibilities

1. The Government shall bear the expense of obtaining up to two (per Contract year) background investigations or reciprocals of previous investigations held that meet or exceed the required investigation level. The cost of background investigations is based on the current Office of Personnel Management (OPM) rate at the time the application is processed at OPM. Fiscal Year 2018 rates are as follows: Low Risk (NACI) $408, Moderate Risk (MBI) $1,747, High Risk (BI) $4,614 or Reciprocals are $65. VA will pay for investigations or reciprocals processed through the VA SIC and conducted by OPM in advance; however, beyond the first two investigations or reciprocals per Contract year, the Contractor shall reimburse the full cost of background investigations/reciprocals to VA within 30 days of Bill of Collections received from VA. VA shall send up to three plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation/reciprocal costs.

1. Immediately after contract or task order award, the onsite Government POC will provide the Contractor with the following background investigation documents to be completed by the Contractor and returned to the onsite Government POC to begin the background investigation process for all contract employees working on the contract who will have access to VA facilities, VA systems, or privacy data:

1. Background Investigation Request Worksheet

1. Optional Form 306 – Declaration of Federal Employment

1. Fingerprint Request Form (or arrangement of electronic capture of fingerprints)

1. Self Certification of Continuous Service Form

1. VA Form 0710 – Authorization for Release of Information

1. Upon receipt of the above-stated documents from the onsite Government POC will submit the background investigation package to the VACO Security Specialist for processing through the SIC. Upon notification of favorable fingerprint results, the Contractor may begin work while the background investigation is ongoing. Thereafter, the Contractor will receive an email notification from the SIC identifying the website link that includes detailed instructions regarding completion of the background clearance application process in the National Background Investigation Services (NBIS) eAPP system. eAPP is an online, Internet accessible system where the Contractor employee shall complete the security questionnaire required for OPM to process the background investigation.

1. Contractors who have a current favorable background investigation previously conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. When a previous clearance is currently held, it does not preclude the vendor from submitting a complete Background Investigation Package as stated above to the onsite Government POC immediately after contract or task order award for all contract employees who will be working on the contract.

1. The Contractor shall prescreen all personnel who require access to VA site(s) to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak and understand the English language.

1. Contract performance shall not commence before:

· The VSC has confirmed favorable fingerprint results, or

· SIC confirms that it has received the Contractor’s investigative documents, the documents are complete, and that the investigation information has been released to OPM for scheduling of the background investigation, or

· VSC or the SIC has confirmed that the verified investigation will be reciprocated.

1. The onsite Government POC will notify and forward the Contractor a copy of the Certificate of Investigation when the background investigation has been favorably completed or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The Contractor, if notified of an unfavorable adjudication by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

1. The Contractor will be responsible for the actions of those contract and subcontract employees they provide to perform work for VA. In the event damage arises from work performed by Contractor personnel, under the auspices of the contract, the Contractor will be responsible for resources necessary to remedy the incident.

1. Should the Contractor, with concurrence of the Government if the Government is bearing the expense, use a vendor other than OPM or DSS to conduct investigations, the investigative company must be certified by OPM/DSS to conduct Contractor investigations. The Vendor Cage Code number must be provided to the VA SIC, which will verify the information and conclude whether access to the Government’s site(s) and/or VA LAN systems can be granted.

1. The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or the Defense Industrial Security Clearance Organization (DISCO).

Government Responsibilities

0. After the SIC has adjudicated the background investigation package from the Contractor, the SIC will send an e-mail notification to the Contractor and their POC identifying the e-QIP website link that includes detailed instructions regarding completion of the background clearance application process and the level of background that was requested.

0. Upon receipt of required investigative documents, SIC will review the investigative documents for completion and initiate the background investigation by forwarding the investigative documents to OPM to conduct the background investigation. If the investigative documents are not complete, the SIC will notify the vendor of deficiencies and include corrective instructions.

0. VA will pay for investigations and reciprocals processed through the VA SIC and conducted by OPM in advance, however, the Contractor shall reimburse the full cost of background investigations/reciprocals to VA within 30 days of Bill of Collections from VA. VA shall send up to three plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation costs and may be considered grounds for default.

0. The COR will notify and forward the Contractor a copy of the Certificate of Investigation when the background investigation has been favorably adjudicated or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The COR will also notify the Contractor of an unfavorable adjudication by the Government.

Security Incident Investigation

The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action the breaches VA security procedures. The Contractor/subContractor shall immediately notify the onsite Government POC and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/subContractor has access.

6.0 TRAINING REQUIREMENTS

Contractor access to the VA local area network (LAN) is needed for operation of the heating, ventilating, and air conditioning (HVAC) direct digital control (DDC) system software, which resides on a network computer workstation. Completion of the following training, available on the VA’s web-based Talent Management System (TMS) training site, is required for LAN access:

1. VA Privacy and Information Security Awareness and Rules of Behavior Curriculum (annual requirement).

1. VBA Date-Stamp Accountability Policy (one-time requirement).

1. Annual Employee Certification of Veteran Status and Veteran-Relatives (VA Form 20-0344) (annual requirement).

7.0. LIQUIDATED DAMAGES: This PWS is further subject to the statutory requirement to assess liquidated damages against Contractors and/or subContractors under 38 U.S.C. §5725 in the event of a breach of Sensitive Personal Information (SPI)/Personally Identifiable Information (PII). Said liquidated damages shall be assessed at $37.50 per affected Veteran or beneficiary. A breach in this context includes the unauthorized acquisition, access, use, or disclosure of VA SPI which compromises not only the information’s security or privacy but that of the Veteran or beneficiary as well as the potential exposure or wrongful disclosure of such information as a result of a failure to follow proper data security controls and protocols.

APPENDIX A

ESTIMATED WORKLOAD DATA

HVAC Maintenance

(These frequencies are minimums--the Contractor may perform more frequently, at no additional cost to government, if required to maintain level of service.)

SERVICES

As needed

As needed

As required by PM schedule

Monthly

Maintenance and Inspection

(These frequencies are minimums--the Contractor may perform more frequently, at no additional cost to government, if required to maintain level of service.)

SERVICES

Weekly

Monthly, Annually

Semi-annually

Weekly

Weekly

Weekly

Quarterly

Monthly

Monthly

Weekly

Monthly

Annually

Quarterly

Monthly

As needed

As needed

Quarterly

Quarterly

Annually

Annually

Semi-Annually

Semi-Annually

Annually

Semi-Annually

Annually

Refer to 1.1.26*

Preventive Maintenance

(These frequencies are minimums--the Contractor may perform more frequently, at no additional cost to government, if required to maintain level of service.)

SERVICES

Per PM schedule

Per PM schedule

Per PM schedule

APPENDIX B

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INVOICING INSTRUCTIONS:

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made Monthly in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery Order Number.

All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: www.tungsten-network.com/customer-campaigns/veteransaffairs to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· FSC Internet: http://www.fsc.va.gov/einvoice.asp

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts…