SPECIAL MATOC REQUIREMENTS A0016.pdf

Special MATOC 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 following VISN 1 VA Facilities: (1) VA Togus, Maine; (2) VA White River Junction, Vermont; (3) VA Manchester, New Hampshire; (4) VA Central Western MA, Northampton, Massachusetts; (5) Edith Nourse Rogers Veterans Memorial Hospital, Bedford, MA; (6) VA Boston Health Care System, MA, including the Brockton Campus, the Jamaica Plain Campus, and the West Roxbury Campus; (7) VA Providence, RI; (8) VA Connecticut Health Care System, including the West Haven Campus, and the Newington Campus; (9) any Community Based Outpatient Clinics located within VISN 1; and (10) any other VA facility and/or location within the New England Healthcare System. 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 utilizing Fair Opportunity under FAR 16.505(b)(1) and (2). Task Orders will vary in size from $2,000 to $15 Million and will be awarded and issued by duly appointed Federal Contracting Officers.

1.3. The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract.

SC2. PERIOD OF SERVICE

2.1. BASIC PERIODS:

2.1.1. The maximum limit of each MATOC contract awarded will be $100,000,000 or for a period of five (5) years, whichever comes first.

2.1.2. Since this MATOC will be awarded at the beginning of the FY24, it is anticipated that most contractors will meet the minimum guarantee through competitive task order awards throughout the FY.

2.1.3. This is not a requirements contract.

SC3. TASK ORDER LIMITATIONS

3.1 As requirements develop, Requests for Quotations/Proposals (RFQ/RFP) for Task Orders will be issued utilizing Fair Opportunity under FAR 16.505(b)(1) and (2). Task Orders will vary in size from $2,000 to $15 Million and will be awarded and issued by duly appointed Federal Contracting Officers.

SC4. ORDERING PROCEDURES OF 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 TASK ORDER REQUEST FOR PROPOSAL”. Projects will be of varying size and complexity. The request will include information such as a statement of work, 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 VA Master Specifications which can be found at https://www.cfm.va.gov/til/spec.asp will apply for elements of work not addressed by a project specific specification.

4.1.1.1. When necessary, option line items will be included in the Task Order

RFQ/RFP. Evaluation of options will be decided on a Task Order basis.

4.2. Response to “NOTICE OF TASK ORDER REQUEST FOR PROPOSAL “

4.2.1. Upon receipt of the notification from the CO, the MATOC Contractors shall be provided an opportunity to attend a pre-proposal site visit. The pre-proposal site visit will be held as soon as practicable after issuance of the “NOTICE OF TASK

ORDER REQUEST FOR PROPOSAL”.

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.

4.2.3. MATOC contractors are expected to submit offers for Task Order RFP/RFQ’s at the maximum extent practicable. In the event a contractor is unable to submit an offer in response to a “NOTICE OF TASK ORDER REQUEST FOR PROPOSAL”, the Contractor shall notify the Contracting Officer electronically via vendor portal.

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

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. 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 will be provided a fair opportunity to compete for each project offered under this contract unless FAR 16.505(b)(2) exceptions apply.

4.3.3. To be considered eligible, SDVOSB MATOC Contractors must be verified in the

Veteran Small Business Certification (VetCert) database at https://veterans.certify.sba.gov by the Center for Veterans Enterprises at the time the proposal is submitted.

4.4. Site Visits

4.4.1. Offeror’s attendance at 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 potential offerors attend all site visits for task order solicitations. Site visit information will be stated in the RFQ/RFP. Failure to attend a site visit may not be used as an excuse for omission or miscalculation in offers.

4.5. Proposal Contents.

4.5.1. The basis of award of each task order will be price. However, other available documentation and information may be considered to determine the most advantageous offeror to include minimum order requirements and/or impact on ongoing performance of other orders placed with the contractor. 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.

4.5.2. 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.

4.5.3. 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. If the original work as described within the Task Order RFP/RFQ is not priced, the alternate proposal/quote will not be considered.

4.6. Discrepancies

4.6.1. Discrepancies in the Evaluation of Offers Submitted in Response to RFQ/RFPs for

Individual Task Orders

4.6.1.1. 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.

4.6.1.1.1. 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.

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

4.6.2. The evaluation of option line items will be decided on a Task Order basis.

Evaluation of options will not obligate the Government to exercise the option(s).

4.7. Award Decision

4.7.1. Whenever possible, the Government intends to award without discussions.

4.7.2. Task Order award will be made based on the best value to the Government in accordance with the criteria described in the RFQ/RFP. The reasonableness of an offeror's proposal is evaluated through proposal analysis techniques set forth in

FAR 15.305.

4.7.3. The award will be a firm fixed-priced Task Order with a specific 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 the notice to proceed for exercising the Options.

4.7.4. The Government reserves the right to make a responsibility determination at the Task Order level. At a minimum, registration in SAM, certification in SBA

VetCert, excluded parties, and the HHS will be assessed for Task Order award.

This determination could include Past Performance on earlier orders under the contract, including quality, timeliness, cost control, safety record, and any other source the Government deems appropriate in accordance with FAR Part 9.

4.8. Task Order Issuance

4.8.1. Task Orders will be issued on either an Optional Form 347 or a VA Form 2138.

Orders will normally be placed through the vendor portal however in an emergency, orders may be placed via email, telephone, or electronic means.

Orders may be issued orally by email, telephone, or by electronic methods. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

4.8.2. 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, or e-mail, at its option.

4.8.3. Notice to Proceed (NTP) will be issued separately after receipt of acceptable performance and payment bonds or alternative payment protections (reference FAR 28.102) as specified in the “NOTICE OF TASK ORDER REQUEST FOR

PROPOSAL”.

SC5. ORDER PROCEDURES FOR SOLE SOURCE ORDERS

5.1. Exceptions to the fair opportunity process (reference FAR 16.505(b)(2)(i)) will be utilized in the event it becomes necessary to negotiate with one firm on a sole-source basis.

5.1.1. 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. 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 is required when certified cost or pricing data is required and shall be in the format specified in FAR 15.406-2.

SC6. ORDERING

6.1. Individual Task Orders will be awarded and administered by Federally appointed Contracting Officers from NCO 1.

6.2. Task Orders may be issued from the date of the notice-to-proceed until the last day of the contract period or until the maximum limit of $100M per contract is reached, whichever comes first. 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 Task Order 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)(10), no protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract unless an exception applies.

6.5. VA 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 must review and resolve complaints from contractors concerning all task and delivery order actions. If any corrective action is needed after reviewing complaints from contractors, the VA Ombudsman must provide a written determination of such action to the contracting officer. Contracting officers must be notified of any complaints submitted to the VA Ombudsman.

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).

SC8. PROPOSED KEY PERSONNEL AND PROPOSED MINIMUM QUALIFICATIONS OF

KEY PERSONNEL AND PROPOSED SUBCONTRACTOR

Key personnel must meet the minimum qualifications per the Task Order specifications and be approved by the Contracting Officer. The Contractor shall obtain the Contracting Officer's written consent before making any substitutions.

SC9. GENERAL WAGE DECISIONS

Applicable Construction Wage Rate Requirements (formerly Davis-Bacon) will be identified for all Task Orders issued under this contract current at the time of award of the task order. Wage Determinations may be found at: https://sam.gov/content/wage-determinations.

SC10. EVALUATION OF CONTRACTOR PERFORMANCE

10.1. In accordance with FAR 42.1502, past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed.

10.2. Past performance evaluations shall be prepared for each construction contract for the thresholds set forth in FAR 42.1502(e), and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below the threshold.

10.3. Evaluations will be processed through the Contractor Performance Assessment

Reporting System (CPARS).

10.4. 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. CONTENTS OF BASIC MATOC/TASK ORDERS

11.1. 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.

11.2. The Task Order award consists of solicitation in its entirety, including all specifications, drawings, cuts, and illustrations and any amendments, and successful offeror’s proposal.

11.2.1 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.

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.

SC13. LIQUIDATED DAMAGES-CONSTRUCTION (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 calendar day of delay in the amount shown in the Task Order until the work is completed or accepted.

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

13.3. 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.

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 AND ALTERNATIVE PAYMENT PROTECTIONS

The requirement for bid bonds will be determined on a task order basis.

SC16. PERFORMANCE AND PAYMENT BONDS AND ALTERNATIVE PAYMENT

PROTECTIONS FOR CONSTRUCTION CONTRACTS (REFERENCE FAR 28.102)

16.1. The requirement for performance and payment bonds and alternative payment protections for construction contracts will be determined on a task order basis.

16.2. The penal sum must be in accordance with FAR 28.102-2.

16.3. 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 or alternative payment protections to cover the work being performed.

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

52.228-5)

The Contractor shall, at its own expense, provide and maintain during the entire performance of the task orders, the minimum amounts of insurance required in this contract.

SC18. PHYSICAL DATA (REFERENCE FAR 52.236-4)

Data and information furnished within a Task Order is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

SC19. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

19.1 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:

19.1.1 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.

19.1.2 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.

19.1.3 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.

19.2 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.

SC20. TELEPHONE COMMUNICATIONS SECURITY MONITORY

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.

SC 21. SECURITY REQUIREMENTS

21.1 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.

21.2 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.

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

21.4 If there is a project that requires a Security Accreditation Package in accordance with VA Handbook 6500.6 Appendix , it will be addressed at the task order level.

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

21.5.1 Unsupervised, full-time, logical and/or physical access for more than six months– 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). If a contract is less than 6 months a Special Agreement Check (SAC) only can be used in lieu of Tier 1. If over 6 months a Tier 1 or higher is required. If a T1 or higher is being conducted it must be in scheduled status with DCSA (Formerly OPM) before a PIV can be issued.

21.5.2 Unsupervised, logical and/or physical access for less than six months– PIV-1 Card. ID Requirements for Non-PIV card: Two IDs complaint with PIV Guidelines. BI Requirement: Favorable SAC adjudication.

21.5.3 Common physical access ONLY for less than six months–comply with local station requirements.

21.6 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.

21.7 Background Investigations and Special Agreement Checks (Tailored) –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 PIV-I Card requirements. These requirements also apply to all subcontractor personnel working under the contract. Level of investigation for contractors should be determined by using the Position Designation Tool (PDT). Additionally, members can still have logical and physical access to facilities with a PIV-I badge.

21.8 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.

SC22. ADMINISTRATIVE MATTERS

22.1 The contracting offices of the Department of Veterans Affairs, Network Contract Office (NCO) 1 for all VISN 1 Contracts are the offices having administrative jurisdiction over this contract for all matters.

22.2 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.

22.3 Only the Contracting Officers executing these contracts and the successor Contracting

Officers have the authority to modify the term and conditions of the basic contracts.

22.4 All correspondence shall be addressed to the task order Contracting Officer, a copy of all correspondence shall be furnished to the COR. 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.

22.5 The Contracting Officer will appoint a qualified 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.

22.6 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 will 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 the VA Vendor Portal, email, internet or other electronic methods. Contractors shall have and maintain capability to receive documents in this manner.

SC23. INVOICES, INVOICING, AND PAYMENT

23.1 Invoices shall be prepared on the VA Pay Form with the Monthly Checklist (Attachment Exhibit G VA PAY FORM w-Monthly checklist), bearing the task order award number and the obligation number for each task order award and submitted to the Contracting Office designated in the task order award. Submission of a draft requisition is encouraged as this will allow for review prior to submitting a formal invoice.

23.2 During the performance period of this contract, electronic invoicing will 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.

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

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

23.4.1 Payment may be withheld unless all contractual requirements including but not limited to Items listed on the VA Pay Form with Monthly Checklist (Attachment Exhibit G VA PAY FORM w-Monthly checklist).

23.5 All requests for payments must include a Subcontractor Payment Register and a contractor’s certification pursuant to FAR 52.232-5.

23.6 Final invoice shall not be submitted until Government acceptance of the completed project has been made in writing. Final invoice shall be submitted along with a Release of Claims.

23.7 Content of Invoice. Requests for payment in accordance with terms of the contract shall consist of (1) The Contractor’s invoice showing, in summary form, the basis for arriving at the amount of the invoice; (2) The contract performance statement which shall show, in detail, the estimated cost, percentage of completion, and value of completed performance.

23.8 Payments to the Contractor. Basis for the Contracting Officer’s consideration to allow progress payment for material delivered on the site (but not installed) and for completed preparatory work, as authorized under FAR 52.232- 5. In such instances, the material/work shall be eligible for progress payment and specifically identified in the schedule of prices. At the time of invoicing, the amount billed shall be supported by documents establishing its value and furnish satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

23.9 Obligation of Government Payments. The obligation on the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting Officer, be subject to the following: (1) Reasonable deductions due to defects in material or workmanship; (2) Claims which the Government may have against the Contractor under or in connection with the contract; (3) Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and (4) Receipt of payroll data (to include prime and subcontractors) covering the period of performance of the invoiced amounts.

23.10 Payment of Bonds: A paid invoice is required before payment of bonds can be made.

Contractor will list Bonds as a separate item on progress report and/or Schedule of Values.

23.11 Electronic Invoicing. The Government reserves the right to modify, at no cost to the

Government, any of the procedures outlined in this special contract requirement to accommodate electronic invoicing procedures.

SC24. REGULATIONS

24.1 The contractor shall comply with all applicable Federal, State, Local and Department of Veterans Affairs regulations pertaining to safety, environment protections, traffic control, and fire prevention. The contractors are responsible for obtaining any construction or environmental permits related to the task order unless otherwise specified in the task order.

24.2 The contractor may use the Engineering library (https://www.cfm.va.gov/til/) , which contains most applicable Department of Veterans Affairs publications as well as some commercial project data information, or the Department of Veterans Affairs Acquisition Policy website (https://www.va.gov/oal/business/pps/policy.asp), which has links for several other sites with available publications, forms and project data information. These may also be acquired from the Government Printing Office website (https://www.gpo.gov/).

24.3 FACILITY REGULATIONS: The Contractor, his employees, and subcontractors shall become familiar with and obey the regulations of the facilities, including fire, environmental, traffic, safety and security regulations while on the facility grounds.

Those driving motor vehicles shall observe and obey all speed limits posted throughout the grounds. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.

24.4 Contractor’s equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

SC 25. TRANSPORTATION, HANDLING, AND STORAGE

25.1 The contractor shall coordinate with suppliers and shippers to ensure that incoming materials are properly identified with the contractor’s name, contract number, and project title. The contractor shall designate an authorized individual to be available to receive shipment. The Government warehouse facilities are not the shipping point and are not available for Contractor’s use. The Government will not provide storage other than that available at the project site.

25.2 Storage of supplies, materials, and equipment on the project site shall be accomplished in such a manner so as to prevent mechanical and climatic damage and loss due to vandalism or theft.

25.3 Equipment temporarily removed in the performance of work and stored on the job site shall be stored and protected in accordance with previous paragraphs and shall be replaced in a condition compatible with its original state. Security for equipment and material removed from the job site for temporary storage until reuse shall be the responsibility of the contractor.

SC26. CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALS

26.1 At the end of each workday, the contractor shall clean up the work and storage areas and stack all materials in a manner approved by the Contracting Officer or his/her designated representative. Upon completion of a project, the contractor shall ensure that all dirt, trash, and debris resulting from the construction operations are removed from the work area. Unless directed otherwise in the contract or by the Contracting Officer, disposal of debris shall be made at the contractor’s expense and shall be delivered to a state approved disposal site located off the VA grounds and/or CBOC locations. Debris shall not be left in such a manner that wind or other weather conditions can cause the debris to be scattered outside the work area or inside the facilities via local foot traffic.

26.2 The hauling and disposal of excess fill material including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be the responsibility of the contractor. Disposal shall be in accordance with applicable state and local regulations.

26.3 Contractor shall provide a report for all construction debris shipped offsite. Report shall include type of material, weight, and method of disposal (i.e., landfill, recycling). VA prioritizes recycling of all construction debris.

SC27. SHOW DRAWINGS AND SUBMITTALS

The Contractor is responsible for preparation of all shop drawings, submittals, and as-builts for each Task Order in accordance with requirements contained therein.

SC28. MISCELLANOUS CONTRACTOR REQUIREMENTS

28.1 The MATOC contracts are not intended for management firms. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not verified SDVOSBs. The VA may request a self-performance calculation to be provided with Task Orders.

28.2 Contractor Staff and Employees

28.2.1 Supervision. The Government shall not exercise any supervision or control over the contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government.

28.2.2 Contractor’s Employees. All work under this contract shall be performed in a skillful and workmanlike manner. The Contractor shall employ and utilize only experienced (or certified apprentice), responsible, and capable persons in the performance of work under this contract. All employees must be citizens of the United States or authorized aliens and shall be able to furnish proof of citizenship if asked to do so by the Contracting Officer. Only authorized Contractor personnel shall be admitted to the worksite at all times. The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

28.2.3 Superintendence. The contractor shall give his personal superintendence to the work or have a competent foreman or superintendent from his/her own staff, satisfactory to the Contracting Officer, at the work site while work is in progress, with authority to act on behalf of the contractor. The Contractor’s superintendent is responsible for maintaining and conducting the inspection system required by the contract.

28.2.4 Removal of Personnel. The Contracting Officer may require the Contractor to remove from the job those employees who endanger persons or property; those who manufacture, distribute, dispense, possess, or use controlled substances at the worksite (52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of VA security.

Contractor personnel may also be removed for actions deemed as objectionable by the Contracting Officer.

28.3 Liability. The Contractor hereby agrees to release the Government (to include its officer, enlisted personnel, agents, and employees) from any liability for any loss, damage, or injury sustained by the Contractor or his employees during the performance of this contract. The Contractor also agrees to indemnify the Government for any loss, damage, or injury to Government personnel or agents or other third parties, provided such loss to the Government is caused by the negligence of the Contractor or his personnel while performing this contract.

28.4 Parking of contractor vehicles shall be restricted to the contractor’s designated on-site area or other designated location. The company name shall be prominently displayed on all construction vehicles parked on the job site.

28.5 Security of material storage areas on the job site shall be the responsibility of the contractor. The area shall be kept neat and orderly and free of debris.

SC29. SAFETY/ACCIDENT REPORTING

29.1 The Contractor’s Project Manager shall ensure a safe and healthful jobsite for work performed under this contract, stop construction activity when unsafe or unhealthful conditions exist on the jobsite, coordinate safety procedures and requirements with the COR, and cooperate with the VA’s on-site Safety Authority.

29.2 The Contractor shall designate a safety and health competent person. This employee shall ensure compliance with governing safety and health regulations, standards and procedures, stop construction activity when unsafe or unhealthful conditions exist on the jobsite, coordinate safety procedures and requirements with the Contractor’s Project Manager and the COR, cooperate with the VA’s on-site Safety Authority, and immediately contact the Contractor’s project manager following a jobsite accident which results in other than minor injury or any person or damage to U.S. Government property.

29.3 The Contractor shall brief all employees on proper safety and accident reporting.

29.4 The Contractor shall ensure that required occupational health services are provided to all personnel employed to conduct work under this contract.

29.5 The Contractor shall instruct employees to notify the Contractor’s project manager, or designated employee in the absence of the project manager, of potential or existing occupational health hazards that require attention.

29.6 Accident Prevention. The Contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract.

29.7 During construction, dismantling, demolition, or movement of bulk materials and debris, the Contractor shall (1) Provide appropriate safety barricades, signs, and signal lights; (2) Comply with the standards issued by the Secretary of Labor at 29 CFR part 1926 and 29 CFR part 1910; and (3) Ensure that any additional measures the

Contracting Officer determines to be reasonably necessary for safe operations are taken.

29.8 In the event of a job-related accident, the Contractor shall immediately notify the COR and shall prepare a Report of Accident (VA Form 2162 or equivalent) and the report to the Contracting Officer or COR. This report will be provided VA’s onsite Safety Authority. The Contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the VA’s onsite Safety Authority.

The Contractor shall be responsible for all OSHA reporting and recording requirements for all job-related injuries or illnesses for all personnel employed to conduct work under this contract.

29.9 The Contractor is responsible for providing fall protection required by 29 CFR

1926.501(b). Using a safety monitor per 29 CFR 1926.502(h) on low slope roofs less than 50-feet wide in lieu of fall protection devices required by 29 CFR 1926.501(b) is prohibited.

SC30. SAFETY ASSURANCE

30.1 Project Safety Plan (PSP). Prior to mobilization of a Task Order, the Contractor shall furnish, as a submittal, the PSP which identifies potentially hazardous conditions and work practices during the execution of the contract and articulates measures to be enacted as prescribed by regulations and standards or determined during a risk assessment.

30.2 Risk assessments (RA). Completion of hazard analyses for potentially high-risk activities required during construction shall be completed by the Contractor prior to commencing those activities. Requirements for these hazard analyses are documented in the medical center’s policies and referred to as risk assessments, permits, and interim safety measures. Prior to mobilization of a Task Order, the Contractor shall communicate with the COR and ensure the Contractor’s project manager is aware of all required hazard assessments and timelines for submission of completed assessments to the Contracting Officer.

30.3 The Contractor shall provide a Master Infection Control Plan (ICP) and designate an infection control competent person prior to mobilization of a Task Order. This employee shall ensure compliance with the ICP, cooperate with the VA’s on-site Infection Prevention & Control authority, stop construction activity when unsafe or unhealthful conditions exist on the jobsite, and coordinate with the COR.

30.4 Before commencing the work, the Contractor shall submit a written analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards.

30.5 Before commencing the work, the Contractor shall meet with representatives of the

Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

30.6 Safe work practices. The Contractor is responsible for maintaining a safe construction environment and compliance with all occupational safety and health regulations and standards during contractual work under the jurisdiction of the Contracting Officer.

30.7 Compliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the requirements of 29 CFR 1910 and 1926 and applicable codes and standards. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials, the demolition of structures containing asbestos, and/or disposal and removal of asbestos, shall also comply with the requirement of 40 CFR, Part 61, Subpart A. All work shall comply with applicable State and municipal requirements for employee safety and health, and environmental protection. Where there is a conflict between applicable regulations, the most stringent shall apply. The VA's Construction Safety Guidebook is available on http://vaww.hefp.va.gov/.

30.8 Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the COR at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

SC31. SCHEDULING OF PRE-FINAL AND FINAL INSPECTIONS

31.1 Notification for Pre-final. The Contractor and the Government will jointly conduct a pre-final inspection prior to any final inspection. Request for the pre-final shall be made in writing to the COR at least 5 days prior to the desired date.

31.2 Pre-final Inspection. Discrepancies will be jointly noted by the COR and Contractor and will be used as a punch list. Items noted on the punch list will be completed prior to scheduling a final inspection.

31.3 Notification for Final Inspection. When the Contractor is ready for final inspection, he shall request so in writing to the COR at least 5 days prior to the desired date.

31.4 Final Inspection. The final inspection will be performed with the Contractor by the COR, consultant team, and/or representative of the using activity. Discrepancies noted will be corrected within 14 days.

31.5 In the event the pre-final or final inspection will be conducted by a Government contracted service (A&E firm or other contracted individual), the Contractor may be held liable for travel and labor costs when the project is not sufficiently complete and the inspection must be rescheduled or an additional inspection is required.

31.6 As-builts, real property data, warranties, manuals, etc., shall be submitted and accepted prior to submission of the final invoice.

SC32. PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY THE STATE OR

NATIONAL AUTHORITY-APPLICABILITY OF THIS CLAUSE WILL BE STATED IN

EACH TASK ORDER

Services determined to be essential for performance during crisis are plant operations, emergency and urgent work requests, disaster preparedness, emergency operations and infrastructure maintenance (including construction). The services provided by this contract have been designated as essential contractor provided services and must be continued during a crisis. The contractor shall continue providing service in progress until the crisis is over, unless otherwise directed by the Contracting Officer. The contractor shall ensure enough skilled personnel are available during a crisis for any operational emergency due to utility failure, damage control, and damage repair. The contractor shall identify essential personnel by submitting an essential personnel list to the Contracting Officer within 10 calendar days after contract start date. The list shall contain the individuals’ names, addresses and duty title.

End of Special MATOC Requirements