36C24118R0127-009.pdf

SECTION 00010 NOTES

The following apply to this contract:

1. Task orders in the following location(s) are applicable to this contract: (to be completed by the contracting officer at time of award) Applicable Maximum order dollar values (to be completed by the contracting officer at time of award) Contractor is eligible to compete for the following type contracts. (To be completed by the contracting officer at time of award)

2. A task order in the amount of $2,000.00 will be issued upon award of this contract. This is the minimum guarantee for the contract. Under this task order, the contractor will submit master plans for safety, quality assurance, and infection control for all facilities awarded in the area of consideration for the particular contract.

3. Sections 00100, 00110, and 00120, will be physically removed and not placed in contract award, but will be deemed to be incorporated by reference in that award.

4. Contractor’s attention is invited to Section 00800, Special Contract Requirements. Important information on the Task Order process is contained therein. Offerors are encouraged to read this section in its entirety to reach a better understanding of the MATOC Task Order Process. The minimum guaranteed task order amount for the entire contract period is $2,000.00 per MATOC contract awarded. See note No. 2 in Section 00800.

5. The term “Contracting Officer” is applicable to this Solicitation and resulting contract(s). The terms “Contracting Officer” and “Ordering Officer” may be used interchangeably when referring to individual Task Orders.

6. CONTRACT PRICES – BIDDING SCHEDULES. The term Bidding Schedule shall also be construed to mean Offer Schedule or Schedule. The terms “bid” and “offer” shall be construed as having the same meaning in this solicitation and resulting contract(s) and any future task orders.

7. Contractor is required to submit one (1) original, five (5) copies and one (1) disk in response to this solicitation. After award contractors shall enlist in the vendor portal of eCMS (directions to be provided by CO after contract award.) All task order RFPs and offer submission will be submitted through vendor portal. Everything will be electronic. No facsimile will be accepted.

8. Reference Contract Clause 52.228-15, PERFORMANCE AND PAYMENT BONDS. Applicability will be defined in individual MATOC orders.

9. The Government intends to award Multiple Contracts pursuant to this solicitation. Federally warranted Contracting Officers at any VAMC Contracting Office throughout Network Contracting Activity 1 are authorized to issue orders against this MATOC.

10. DO NOT insert prices in the Line Items provided immediately after the SF 1442. The Generic Line Items provided in this section during the solicitation will include areas of consideration selected and accepted by the Government at time of award. Instructions for the preparation of proposals are located in Sections 00100, 00110 and 00120.

End of Section 00010

AREAS OF CONSIDERATION

NOTE: OFFERORS MUST COMPLETE AREAS OF CONSIDERATION BELOW AND RETURN WITH

PROPOSAL.

LOCATION OF WORK – Offerors shall identify all location(s) they desire to be considered for award of individual MATOC projects. Contractors will be provided a fair opportunity to compete for task orders at those locations within the dollar range indicated below if they award awarded a contract.

LOCATIONS INTERESTED IN CONSIDERATION

VA Medical Center Providence 830 Chalkstone Avenue Providence, RI 02908

( ) Interested in Consideration for this location

VA CT Healthcare System – includes the following locations:

West Haven Campus 950 Campbell Avenue West Haven, CT 06516

Newington Campus 555 Willard Street Newington, CT 06111

( ) Interested in Consideration for this location

VA Medical Center White River Junction 215 North Main Street White River Junction, VT 05011

( ) Interested in Consideration for this location

VA Medical Center Manchester 718 Smyth Road Manchester, NH 03104

( ) Interested in Consideration for this location

VA Medical Center Togus 1 VA Center Augusta, ME 04330

( ) Interested in Consideration for this location

VA Medical Center Bedford 200 Springs Road Bedford, MA 01730

( ) Interested in Consideration for this location

VA Central Western Massachusetts 421 North Main Street Leeds, MA 01053

( ) Interested in Consideration for this location

VA Boston Healthcare System – includes the following locations:

Brockton Campus 940 Belmont Street Brockton, MA 02301

Jamaica Plain Campus 150 South Huntington Avenue Jamaica Plain, MA 02130

West Roxbury Campus 1400 VFW Parkway West Roxbury, MA 02132

( ) Interested in Consideration for this location

DOLLAR VALUE OF PROJECTS

The contractor must identify the dollar range of projects they are interested in receiving consideration for under the MATOC contract, by checking the appropriate ranges listed below. (Caution to Offerors: Each offeror shall have sufficient bonding capacity for the ranges selected.)

CAT I

( ) $2,000 - $1,000,000

CAT II

( ) $1,000,001 - $5,000,000

CAT III

( ) $5,000,001 - $10,000,000

TYPE OF PROJECTS

An offeror who has capability as a multidiscipline (General Type) Contractor and (Self Performance Capability) Contractor may be eligible for award. For General Construction, at least 15% of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns or veteran-owned small business concerns in accordance with P.L. 109-461. Work in Specialty areas must be performed 25% by the awardees workforce.

SECTION 00800 SPECIAL MATOC CONTRACT REQUIREMENTS

SC1. PURPOSE AND SCOPE

1.1. The purpose of this Multiple-Award Task Order Contract (MATOC) is to provide construction services for a broad range of renovation and construction projects, primarily in support of the Veterans Affairs Medical Center (VAMC) and Facilities in the State of Rhode Island, Massachusetts, Maine, New Hampshire, Connecticut and Vermont. Orders will primarily include Construction, Repair and Maintenance projects that may or may not involve a variety of trades. Work performed under these contracts will include but are not limited to the following general project categories: Construction, repair, and alteration of various facilities;

interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilizes, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, construction of new facilities, demolition of facilities, and other related work.

1.2. As requirements develop, Requests for quotations/Proposals (RFQ/RFP) for Task Orders will be issued on a competitive or single source basis, at the Government's discretion. Task Orders will vary in size from $2,000 to $10Million and will be awarded and issued by the individual task orders awarded and administered by duly appointed federal contracting officers.

1.3. Upon award of the basic contract the contractor will be issued an initial task order for $2,000.00. Upon receipt of this order contractors shall submit their Master Safety, Quality and Infection Control Plans to the Contracting Officer within 30 days. (See Section 00800 and 01000 for plan requirements.) Plans submitted with an offeror’s proposal are not considered as meeting this requirement. Upon notification that the submitted plans are deemed acceptable the contractor shall invoice for the initial order. In the event a contractor fails to submit the required plan(s) within 60 days of the order the Government reserves the right to terminate the MATOC Contract at no cost to the Government.

1.4. The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract. In this event, new MATOC contractors, in accordance with the terms of their contracts, may compete for Task Orders with the Contractors selected under this solicitation.

SC2. PERIOD OF SERVICE

2.1. Five (5) Year Period:

2.1.1. Each contract will include a base period; not-to exceed (NTE) five years.

2.1.2. Maximum value of all projects awarded under the MATOCs will be limited to $100Million in Task Orders for the five (5) year period.

SC3. TASK ORDER LIMITATIONS (Reference FAR 52.216-19)

3.1. Minimum Order. When the Government requires services covered by this contract in an amount less than $2000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those services under the contract. The minimum guaranteed task order amount for the entire contract period is $2,000.00 per IDIQ contract awarded and will be issued at time of the basic contract award, upon receipt and acceptance of the contractors required Master Safety, Quality and Infection Control Plans.

3.2. Maximum Order. The maximum Task Order limitation is $10 Million excluding subsequent in-scope modifications. The Government may combine several projects, as indicated by separate Statements of Work and individual line items, in one Task Order, as required. The Contractor is not obligated to honor:

3.2.1 Any order for a single Task Order less than $2,000;

3.2.2 Any order for a single Task Order in excess of the limit authorized ($10 Million);

3.2.3 A series of orders from the same ordering office totaling more than $100 million.

3.3. The Government at its option may in a rare case include projects exceeding $10 Million. However, contractors will not be obligated to compete nor required to accept such task orders under the general terms of the contract.

3.4. This is not a requirements contract.

SC4. ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS

4.1. Requests for Quotation/Proposals (RFQ) (RFP)

4.1.1. When the Government requires work under the MATOC, an RFQ or RFP will be issued, as appropriate, normally in the form of a letter “NOTICE OF PROPOSED PROJECT”. Projects will be of varying size and complexity. The request will include information such as a statement of work, guide specifications, drawings, attachments, information pertaining to a site visit and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Projects may include, but are not limited to, complete plans and specifications for all elements of work or limited specifications. When complete plans and specifications are not provided the Master Specifications will apply for elements of work not addressed by a project specific specification.

4.1.2. The basis of award in accordance with FAR 16.505(b)(a) will be a conforming offer, the price or cost of which may or may not be the lowest. Past performance on work completed under these contracts, or work completed for the Veterans Affairs under any contract may be considered. In rare instances technical factors may be considered. The basis for award of each task order will be stated in the RFQ/RFP.

HUBZone preference does not apply.

4.1.2.1. When necessary option line items will be included in the Task Order RFQ/RFP. The task order proposal/quote process is not an Invitation for Bid (IFB). Therefore, additive bid items (ABI) are not applicable to this process. However, work defined in the options of the task order RFP/RFQ is normally similar to ABIs common in the IFB process.

4.2. Response to “NOTICE OF PROPOSED PROJECT “

4.2.1. Upon receipt of the notification from the Contracting Officer, the MATOC contractors should respond by attending the project on-site conference. The project on-site conference is normally scheduled within two days from issuance of the “NOTICE OF PROPOSED PROJECT”, or 2 hours under emergency conditions.

4.2.2. Notification will normally be by vendor portal at http://www.vendorportal.ecms.va.gov. MATOC contractors shall keep an up-to-date SAM Registration in order to keep their vendor portal access current.

4.3. Task Order Competition

4.3.1. A wide variety of projects, determined by the contracting officer to be within the scope of this contract, will be offered to MATOC contractors for the purpose of providing a price, lowest price technically acceptable, or trade off proposal. Individual Task Order awards on those projects will be based on competitive proposals received exclusively from MATOC contractors.

4.3.2. All eligible MATOC contractors, within their awarded Areas of Consideration, will be provided a fair opportunity to compete for each project offered under this contract unless the following (FAR 16.505(b) (2)) exceptions apply. Note, to be considered eligible, SDVOSB and VOSB MATOC Contractors shall have an active vetbiz verification issued by the Center for Veterans Enterprises (CVE):

4.3.2.1. The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;

http://www.vendorportal.ecms.va.gov/

4.3.2.2. Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

4.3.2.3. The task order should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order; or

4.3.3. The Contracting Officer may consider such factors that the Contracting Officer, in the exercise of sound business judgment, believes are relevant to the placement of orders.

4.3.4. Timely performance by an MATOC contractor is very important. Failure to prosecute the work diligently, on a currently awarded task order, will be considered as past performance and used as part of the responsibility determination required for each task order in accordance with FAR 16.505(b)(v)(A)(1).

4.4. Response to “NOTICE OF PROPOSED PROJECT”

4.4.1. MATOC contractors are expected to submit an offer on all projects offered. In the event a contractor is unable to submit an offer in response to a “NOTICE OF PROPOSED PROJECT”, hereafter referred to as RFQ/RFP, the Contractor shall notify the Contracting Officer electronically via vendor portal or e-mail.

4.4.2. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-Task Order costs.

4.5. Site Visits

Offeror’s attendance at walk-through (site visits) is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government, therefore it is highly recommended that are potential offerors attend all site visits for task order solicitations. Site visit information will be stated in the RFQ/RFP.

Failure to attend walk-through may not be used as an excuse for omission or miscalculation in offers.

4.6. Proposal Contents.

4.6.1. The basis of award of each task order will be stated in the RFQ/RFP. Depending upon the requirements of each Task Order, the Contractor will typically provide a price proposal in response to an RFQ/RFP.

Contractors shall respond within the number of calendar days stated in the RFQ/RFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFQ/RFP.

4.6.2. Proposal Pricing Schedules. The Government's payment for the items listed in the Pricing Schedules of individual Task Orders will constitute full compensation to the Contractor for-- (1) Furnishing all plant, labor, equipment, services, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. The contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

4.6.3. Deviations and Alternate Proposals. Offerors shall specifically identify all deviations from the minimum RFQ/RFP requirements in a cover letter in a section entitled "Alternate Proposal” or “Deviations." This requirement applies for all proposal revisions and Final Proposal Revisions. Proposed alternates/deviations shall specifically address in detail the alternate and rationale for proposing. Alternate solutions and deviations shall include separate pricing information. If an alternate/deviation is proposed, the work as specified in the solicitation must also be priced.

4.6.4. The non-cost factors and price factors will vary depending on the unique requirements for each Task Order. In addition to price the RFP/RFQ may indicate in the offering other factors (Past Performance and/or Technical considerations) that will be considered in the evaluation offer.

4.6.5. Past Performance, within a five (5) year period, on previously awarded Task Orders under the MATOC or work on any awards completed for the Veteran Affairs may be considered. Past performance will be evaluated in terms of quality, timeliness, management effectiveness or other factors that the Contracting Officer determines to be relevant to award on a particular Task Order. In rare instances technical factors may be considered.

4.7. Task Order Evaluation Method and Placement Procedures

4.7.1. The Government intends to select the most advantageous, responsive, and responsible proposal, price and other factors considered. Each RFQ/RFP will describe the criteria to be utilized in evaluating Task Order proposals in accordance with FAR 16.505(b).

4.7.2. Placement procedures for all task orders include consideration of the following:

4.7.2.1 Contractor Responsibility;

4.7.2.2 Past performance on earlier orders under the contract, including quality, timeliness and cost control;

4.7.2.3 Potential impact on ongoing performance of other orders placement with the contractor;

4.7.2.4 Minimum order requirements.

4.7.3. Discrepancies in the Evaluation of Offers Submitted in Response to RFQ/RFPs for Individual Task Orders

4.7.3.1. For the purpose of initial evaluations of offers proposed for individual Task Orders, the following will be utilized in resolving arithmetic discrepancies found on the face of pricing schedule as submitted by the Offeror: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected.

4.7.3.1.1. For purposes of price evaluation, the Government will proceed on the assumption that the Offeror intends the proposed price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.

4.7.3.1.2. These correction procedures shall not be used to resolve any ambiguity concerning which price is low.

4.7.4. Evaluation of Option Reference (FAR 52.217-5). When option line items are included in the Task Order RFQ/RFP, the Government will evaluate offers for the purpose of awarding Task Orders by adding the total price for all options to the total price for the basic requirement, unless specifically stated otherwise in the Task Order Offering. Evaluation of options will not obligate the Government to exercise the option(s).

4.8. Award Decision

4.8.1. Whenever possible, award will be made without discussions.

4.8.2. If discussions are required, each MATOC contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range.

4.8.3. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

4.8.4. Task Order award will be made based on the best value to the Government in accordance with the criteria described in the RFQ/RFP. When price is the only factor considered, award will be based on the lowest reasonable price received. Proposals unreasonably high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion.

4.8.5. The award will be a firm fixed-priced Task Order with a specific completion date or performance period.

When Options are included in the Schedule, and the option(s) is not exercised at time of award, the Task Order will specify the number of days after notice to proceed for exercising the Options. Consideration in order completion will be made when specifying these days. Options when exercised shall not extend the original performance period of the Task Order.

4.9. Task Order Issuance

4.9.1. Orders will normally be placed through the vendor portal however in an emergency, orders may be placed via mail, telephone, facsimile or electronic means. Orders may be issued orally, by mail, by facsimile, or by electronic methods. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

4.9.2. Plans and Specifications. The Contractor will be provided an electronic copy of the Statement of Work (with pertinent supplemental specifications and construction drawings as applicable) upon issue of each Task Order. All further reproduction shall be at the Contractor's expense. The Government may provide these as electronic media, such as vendor portal web postings, e-mail or CD ROM, at its option.

4.9.3. Notice to Proceed (NTP) will be issued separately after receipt of acceptable performance and payment bonds.

SC5. ORDERING PROCEDURES FOR SOLE SOURCE ORDERS

5.1. In the event it becomes necessary to negotiate with one firm on a sole-source basis the following procedures will be used:

5.1.1. Circumstances Permitting Sole Source Orders. All MATOC Contractors will be given a fair opportunity to submit a proposal on projects unless the Contracting Officer determines:

5.1.1.1 An urgent need exists and seeking competition would result in unacceptable delay; or

5.1.1.2 Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized; or

5.1.1.3 A sole source is in the interest of economy and efficiency as a logical follow-on to an order already competed.

5.1.2. Requirement for Cost and Pricing Data (10 U.S.C. 2306a and 41 U.S.C 254b) (Sole Source Task Orders)

5.1.2.1. Unless an exception applies, or a waiver has been granted, cost or pricing data is required at the threshold contained in FAR 15.403-4 (currently $700K). When required the contractor shall submit to the contracting officer the following in support of any proposal:

5.1.2.1.1. Cost or pricing data in the format designated by the Contracting Officer.

5.1.2.1.2. Require any subcontractor or prospective subcontractor to submit to the prime contractor or appropriate subcontractor tier cost or pricing data in the format designated by the Contracting Officer.

5.1.2.1.3. A certificate of current cost or pricing data, in the format specified in FAR 15.406-2 certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

SC6. ORDERING (REFERENCE FAR 52.216-18)

6.1. Any services to be furnished under this contract will be ordered by issuance of Task Orders by the individuals or activities designated in this contract. Any Federal Contracting Officer, at the locations specified in the solicitation, or as approved in writing by the issuing office Contracting Officer, is authorized to issue orders under the MATOC contracts within the individual’s warrant levels.

6.2. Orders may be issued from date of contract award until the last day of the contract period.

The total term of the contract may not exceed five years. The Government reserves the right to unilaterally modify the contract to incorporate any future statutory changes.

6.3. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract will govern. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards.

6.4. Protests. In accordance with FAR 16.505(a) (9), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for (A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract.; or (B) A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the General Accountability Office, in accordance with the procedures at 33.104(ii). (10 U.S.C. 2304a(d) and 2304c(d), and 41 U.S.C. 253h(d) and 253j(d)).

6.5. Ombudsman. If the Contractor believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman. The Ombudsman will review the Contractor's complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the Task Order.

SC7. OPTION FOR INCREASED QUANTITY ON TASK ORDERS

7.1. The Government may elect to make certain tasks option items, as described in RFP/RFQ. In this case, the Government may increase the quantity of work awarded on individual Task Orders by unilaterally exercising Option Item(s) within the period specified in the Task Order.

7.2. In the event the option is not exercised within the time period specified in the task order award the parties may agree (Bilateral Agreement) to the option(s) provided that the exercising of said option(s) will not increase the contract performance period.

7.3. Any option herein shall be considered to have been exercised at the time the Government deposits written notification to the Contractor in the VA Vendor Portal, mail, provided by facsimile, or electronic mail.

SC8. PROPOSED KEY PERSONNEL AND PROPOSED MINIMUM QUALIFICATIONS OF KEY

PERSONNEL AND PROPOSED SUBCONTRACTORS.

Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, and subcontractors will be incorporated into the contract resulting from this solicitation and shall be limited to individuals, qualifications, and firms that were specifically identified in the proposal and/or agreed to during discussions, if held. The Contractor shall obtain the Contracting Officer's written consent before making any substitutions.

SC9. GENERAL WAGE DECISIONS

Applicable Davis-Bacon wage rates will be identified for all Task Orders issued under this contract current as of the time of award of the task order. Wage Determinations may be found at: http://www.wdol.gov/ http://www.wdol.gov/

SC10. EVALUATION OF CONTRACTOR PERFORMANCE

10.1. In accordance with FAR 36.201(a) (1) (i), the Contractor's performance will be evaluated upon completion of each Task Order. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

10.2. Contractors will be sent an email notice to review and comment, if appropriate, on the performance evaluations.

A contractor point of contact (POC), to receive notification of performance evaluations, shall be identified at time of award of the basic contract. The POC must maintain a current email address on file with the Contracting Officer. In lieu of a contract POC, contractors may provide task order specific individuals to receive this information. Contracting Officers will be notified at the task order pre-construction meeting of any changes.

SC11. ORDER OF PRECEDENCE (REFERENCE FAR 52.236-21)

11.1. MATOC Basic Contract. Any inconsistency in this solicitation or contract will be resolved by giving precedence in the following order:

11.1.1 Representations and other instructions,

11.1.2 Contract clauses,

11.1.3 Other documents, exhibits, and attachments,

11.1.4 The specifications

11.1.5 The drawings

11.2. The MATOC basic contract includes the standard contract clauses, and the individual Task Orders include added specifics and schedules current at the time of Task Order award. The Task Order award consists of:

11.2.1 The solicitation in its entirety, including all drawings, cuts, and illustrations and any amendments, and

11.2.2 The successful offeror's accepted proposal. The Task Order constitutes and defines the negotiated agreement between the Contractor and the Government. No documentation will be omitted which in any way bears upon the terms of that agreement.

11.3. In the event of conflict or inconsistency between any of the provisions of a Task Order, including the Request for Proposal, Contractor's proposal, or Task Order deliverable, precedence will be given in the following order:

11.3.1 Betterments: Any portions of the accepted proposal, or any subsequent design or other submittal, which both conform to and exceed the provisions of the Request for Proposal. "Betterment" is defined as any product, component, or system, which exceeds the minimum requirements stated in the Request for Proposal.

11.3.2 The provisions of the solicitation: (See also Contract Clause: SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION) (See FAR 52.236-21)

11.3.3 Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the Task Order and must conform to or exceed all provisions of the Task Order, in order of precedence herein.

SC12. VALUE ENGINEERING CHANGE PROPOSALS

All value engineering change proposals (VECP’s) shall be submitted in accordance with the requirements of FAR 52.248- 3, Value Engineering – Construction. All VECP’s shall be submitted in three (3) copies.

SC13. LIQUIDATED DAMAGES (REFERENCE FAR 52.211-12)

13.1. If the Contractor fails to complete the work within the time specified in a Task Order, or any extension, the Contractor shall pay to the Government as liquidated damages for each day of delay the amount shown in the Task Order for each calendar day until the work is completed.

13.2. If the Government terminates the Contractor's right to proceed, liquidated damages accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the termination clause.

13.3. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.

13.4. For any number of Task Orders accomplished at one site for which delay costs are applicable at the same time, the total daily liquidated damages will be limited to the damages for one Task Order for each calendar day of delay except when separate additional damages are specified in an individual Task Order. These additional damages, if specified, shall be concurrent and cumulative and applied in addition to the basic liquidated damages noted in the Task Order. For any number of Task Orders at separate sites for which delay costs are applicable at the same time, the total daily basic liquidated damages shall be applied concurrent and cumulative.

This will be calculated with each and any other delinquent Task Order for each calendar day of delay. If separate liquidated damages are specified in the Task Order, this amount will be separate from other task orders.

13.5. Exception to Liquidated Damage: In cases in which the Contracting Officer determines that completion of work is not feasible during the completion period(s) stated in the Task Order, such work will be exempted from liquidated damages.

SC14. WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

SC15. BID BONDS

Unless otherwise stated in the Notice of Proposed Task Order Request for Proposal, Bid Bonds are not required.

SC16. PERFORMANCE AND PAYMENT BONDS AND ALTERNATIVE PAYMENT PROTECTIONS FOR

CONSTRUCTION CONTRACTS

16.1. Performance and payment bonds shall be required, and the penal sum established, by each Task Order.

16.2. Payment Bond: (a) If an individual Task Order is priced at $35,000 or greater, penal sum shall be one-hundred percent (100%) of order price.

16.3. Performance Bond: The penal sum of each Performance Bond shall equal one hundred percent (100%) of the price of each Task Order exceeding $150,000 placed hereunder.

16.4. Bonds and other payment protections shall be provided within 10 calendar days of award of a Task Order.

Notice to Proceed will not be issued until the Contractor provides sufficient bonding to cover the work being performed.

SC17. INSURANCE - WORK ON A GOVERNMENT INSTALLATION (REFERENCE FAR 52.228-5)

17.1. Reference Contract Clause titled, “Insurance -Work on a Government Installation (FAR 52.228-5). Kinds and minimum amounts are as follows:

KIND AMOUNTS (FAR 28.307-2)

Workmen’s Compensation $100,000 Comprehensive General Liability $500,000 per occurrence for bodily injury Comprehensive Automobile Liability $200,000 per person and $500,000 per accident for bodily injury and $20,000 for property damage

(If applicable) $200,000 per person and $500,000 per occurrence Aircraft Public and Passenger for bodily injury, other than passenger Liability liability and $200,000 per occurrence for property damage; coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

17.2. Except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

17.3. The Contractor shall ensure the transporter and disposal facility have liability insurance if effect for claims arising out of the death or bodily injury and property damage from hazardous material/waste transport, treatment, storage and disposal, including vehicle liability and legal defense costs in the amount of $1,000,000 as evidenced by a certificate of insurance for General, Automobile, and Environmental Liability Coverage.

Proof of this insurance shall be provided to the Contracting Officer.

17.4. NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained. The policies referenced in the certification (s) shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of proofs of required insurance, and shall make copies available to the Contracting Officer upon request. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

SC18. PERFORMANCE OF WORK BY THE CONTRACTOR (Public Law 109-461)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15% (General Construction) and 25% (Specialty Trade) of the total amount of work to be performed under the task order, or as specified in the task order proposal offering. Management of the project is not included in the mandated percentages.

SC19. PHYSICAL DATA (REFERENCE FAR 52.236-4)

19.1. Data and information furnished within a Task Order or referred to below is for the Contractor's information. The Government will not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. Physical Conditions: The indications of physical conditions on the drawings and in the specifications within a Task Order are the result of site investigations by test holes shown on the drawings.

19.2. Weather Conditions: Each offeror shall be satisfied before submitting his offer as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any National Weather Service Office.

19.3. Transportation Facilities: Each offeror, before submitting his offer, shall make an investigation of the conditions of existing public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress at the job site. The unavailability of transportation facilities or limitations thereon shall not become a basis for claims for damages or extension of time for completion of the work.

19.4. Right-of-Way: The right-of-way for the work covered by these specifications will be furnished by the

Government, except that the Contractor shall provide right-of-way for ingress and egress across private property where necessary to gain access to the job site. The contractor may use such portions of the land within the right-of-way not otherwise occupied as may be designated by the Contracting Officer. The Contractor shall, without expense to the Government, and at any time during the progress of the work when space is needed within the right-of-way for any other purposes, promptly vacate and clean up any part of the grounds that have been allotted to, or have been in use by, him when directed to do so by the Contracting Officer. The Contractor shall keep the buildings and grounds in use by him at the site of the work in an orderly and sanitary condition. Should the contractor require additional working space or lands for material yards, job offices, or other purposes, they shall obtain such additional lands or easements at their expense.

SC20. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

20.1. Unless specified otherwise in a task order, this paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

20.1.1. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

20.1.2. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

20.1.3. Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all weather dependent activities.

20.1.4. Upon acknowledgment of the notice to proceed (NTP) and continuing throughout performance, the contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.

20.2. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a bilateral modification.

SC21. EPA ENERGY STAR

The Government requires that certain equipment be Energy Star compliant. Initially, the sole Energy Star requirement shall be the self-certification by the offeror that the specified equipment is Energy Star compliant. Within 3 months of the availability of an EPA sanctioned test for Energy Star compliance, the Contractor shall submit all equipment upgrades and additions for testing and provide proof of compliance to the Government upon completion of testing. Testing shall be at the Contractor's expense.

SC22. TELEPHONE COMMUNICATIONS SECURITY MONITORING

All communications with federal organizations are subject to communications security review. Contractor employees shall be aware telephone communications networks are continually subject review and monitoring of telephone calls originating from, or terminating at, federal organizations. Therefore, the contractor is advised that any time they place/receive a call they are subject to communications security procedures. The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees. The contractor shall be aware of and abide by all Government regulations concerning the authorized use of the Government's computer network; including the restriction against using the network to recruit Government personnel or advertise job openings.

SC23. SECURITY REQUIREMENTS

23.1. The contractor shall comply with all security regulations imposed by the Installation Director, VA Police and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work.

23.2. It is expected that new security requirements to satisfy contractor personal identification requirements in Homeland Security Presidential Directive (HSPD-12), ''Policy for a Common Identification Standard for Federal Employees and Contractors,'' and Federal Information Processing Standards Publication (FIPS PUB) Number 201, ''Personal Identity Verification (PIV) of Federal Employees and Contractors” will be enacted during the life of this contract. Contractor shall comply with all requirements, at no additional cost to the Government.

23.3. The contractor shall ensure that all parts of the facility where work is being performed are adequately protected against vandalism and theft.

23.4. In accordance with VA Handbook 6500.6 Appendix , the C&A requirements do not apply and a Security Accreditation Package is not required.

23.5. The following Personal Identification Verification (PIV) of Contractors is applicable to this contract for prime contractor employees as well as all subcontractor employees:

23.5.1 Unsupervised, full-time, logical and/or physical access for more than six months OR more than 180 aggregate days in a one year period – PIV Card. ID Requirements for a PIV: Two IDs compliant with PIV Guidelines. Background Investigation (BI) Requirements: Favorable Special Agreement Check (SAC) adjudication and an initiated National Agency Check with Written Inquiries (NACI).

23.5.2 Unsupervised, logical and/or physical access for less than six months OR less than 180 aggregate days in a one year period – Non-PIV Card. ID Requirements for Non-PIV card: Two IDs complaint with PIV Guidelines. BI Requirement: Favorable SAC adjudication.

23.5.3 Common physical access ONLY for less than six months OR less than 180 aggregate days in a one year period – Flash Badge. ID Requirements for a Flash Badge: Two IDs complaint with PIV Guidelines. BI Requirements: None.

23.6 The Contracting Officer has determined that all three of the above requirements will be required for this contract at different intervals depending on Task Order Awards.

23.7 Background Investigations and Special Agreement Checks (Tailored) – All contractor employees are subject to the same level of investigation as VA employees who have unsupervised access, full-time, logical and/or physical access to Federal Facilities. The level of background investigation commensurate with the level of access needed to perform the statement of work is a NACI for PIV Card requirements and a SAC for non-PIV Card requirements. Flash badges do not require a BI. These requirements also apply to all subcontractor personnel working under the contract.

23.8 The contractor shall bear the expense of obtaining the BIs. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.

SC24. AVAILABILITY OF FUNDS (REFERENCE FAR 52.232-18)

The Government may request proposals for Task Orders for which funding is not currently available for the award. If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If funds for a project become available after the expiration of the proposal acceptance period, the Government may request an extension of the contractor’s proposal acceptance period without further competition for the project or re-solicit the project. If the proposal acceptance period is not extended by the contractor the project may be re-solicited.

SC25. ADMINISTRATIVE MATTERS

25.1. The contracting offices of the Dept of Veterans Affairs, Network Contract Organization 1 for all VISN 1 Contracts are the offices having administrative jurisdiction over this contract for all matters.

25.2. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site will be provided at the pre-construction conference for task orders.

25.3. Only the Contracting Officers executing these contracts and the Successor Contracting Officers has the authority to modify the term and conditions of the Basic contracts.

25.4. All correspondence shall be addressed to the task order Contracting Officer, a copy of all correspondence shall be furnished to the contracting officer representative. Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, task order number, and shall have only one subject.

25.5. The Contracting Officer will appoint a qualified Contracting Officer’s Representative (COR) for the purposes of technically administering the task order(s); however, all matters concerning this contract or resulting task orders, or any additional work ordered placed against a resulting task order must first be approved by the Contracting Officer. This in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract or resulting task orders.

25.6. PAPERLESS CONTRACTING: The Department of Veterans Affairs is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, Proposed Task Order Requests for Proposals, to include specifications and drawings may be issued using electronic methods, i.e., VA Vendor Portal, the internet, email, etc. In addition, task order distribution and correspondence will also be issued electronically using VA Vendor Portal, email, internet or other electronic methods. Contractors shall have and maintain capability to receive documents in this manner.

25.7. It is anticipated that within the life of this contract other electronic processes will be enacted. These include, but are not limited to, electronic offers, and electronic invoicing. When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government.

Failure to accommodate new processes may be cause for termination or non-consideration for future work.

SC26. INVOICES, INVOICING AND PAYMENT

26.1. Properly prepared invoices, on designated invoices forms provided at the pre-construction meeting or AIAG702 or similar, bearing the task order award number and the obligation number for each task order award, will be submitted to the Contracting Office designated in the task order award. Submission of a pencil requisition is encouraged as this will allow for review prior to submitting a formal invoice.

26.2. During the performance period of this contract it is anticipated that electronic invoicing may be required. As such time as this is implemented the following will apply: Payment will be made by paying office specified in the task order in accordance with the clauses Payments under Fixed-Price Construction Contracts, FAR 52.232- 5, and Prompt Payment for Construction Contracts, FAR 52.232-27.

26.3. All payments shall be made by electronic transfer of funds (EFT).

26.4. The Government will make payment through OB10 upon satisfactory completion of work AND receipt of a proper certification for payment.

26.4.1. Payment may be withheld unless all contractual requirements including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW DAVIS BACON REQUIREMENTS have been timely received.

26.5. All requests for payments must include a Subcontractor Payment Register pursuant to FAR 52.232-5 and a contractor’s certification that reads as follows:

I hereby certify, to the best of my knowledge and belief that –

The amounts requested are only for performance in accordance with the specifications, terms and conditions of the…