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5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE

OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 08-01-2018 none 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904 To all Offerors/Bidders

36C24218Q9459

X x x The purpose of this amendment is to:

1) Answer vendor questions; and

2) Revise the statement of work.

Government responses to vendor questions are attached in pages two through seven. The revised statement of work is attached as the remaining pages of this amendment. The section numbered 1.12 unscheduled mainteance has been added to this requirement. Given the revision, if there are additional contractor questions, they must be submitted to marshand.boone@va.gov by Friday, August 3, 2018, at 12 PM EST.

The due date for quotes remain August 10, 2018, at 10:00 AM EST.

Marshand Boone Contracting Officer 36C24218Q9459—Waste Water Treatment for Northport VA Medical Center Responses to Vendor Questions

1. We would like to confirm that we are to bid operating the plant equipment as it is operating now and that any new units operations or equipment will be an addition to the contract. Please provide a list of equipment that is out of service and whether the contractor will be required to restore service under our costs or as a separate repair proposal.

Answer: The contractor should assume that the plant is fully in service. If repairs become necessary, the contractor will be asked to submit a proposal. Resulting work will be implemented under the line item “Unscheduled Maintenance”.

1. Please confirm that the contractor will pay for the independent lab work. Page 4, B.3

Answer: Confirmed, the contractor will pay for independent lab work.

3. Would the government define what is the limit of repairs besides normal operational maintenance work. Would the VA consider an annual dollar limit for those repair expenditures?

Page 5, 1.2 Also the Sow lists:

Emergency, urgent and routine repairs Installation of new equipment.

Would the VA consider an annual dollar limit for those expenditures? page 6, 1.7

Answer: If repairs become necessary, the contractor will be asked to submit a proposal. Resulting work will be implemented under the line item “Unscheduled Maintenance”. The contractor will be entitled for payment against additional work incorporated as such.

4. Please confirm that the P.E. is to complete or supervise the submittal of all reports and take the responsibility for the reports. page 6, 1.8

Answer: Confirmed, the PE is complete and/or supervise the submittal of all reports.

5. How long will the weekly meetings go until the VA changes to quarterly meeting? It is difficult to quantify this requirement. page 11, 1.15

Answer: Approximately three months.

6. Please confirm that CLIN items 0002, 1002, 2002, 3002, 4002 are deleted from the SOW. page 12 & 13. If CLIN 0002, 10002, 2002, 3002, 4002 are to remain in the contract please provide copies of the SPCC plan for Storage tanks and Air Permits.

Answer: Yes, these are deleted

7. We would like to confirm that grass cutting is limited to inside the fence of the STP and within 10 feet of the fence where there is already grass.

Answer. Confirmed, grass cutting is limited to inside the fence of the STP and within 10 feet of the fence where there is already grass.

8. Will we be required to permit, at our cost, any items that are not on line in the plant?

Answer: No, that is not a requirement

9. Please confirm that the contractor is responsible for paying for NYS SPDES permits.

Answer: Confirmed, contractor is responsible for permits.

10. Will the contractor be responsible for any new permits that might be required during the term of the contract?

Answer: Any new permits will be incorporated via modification.

11. For building maintenance where does the contractor’s responsibilities end. For example, electrical service, is it at the disconnect or at the equipment.

Answer: The contractor is responsible for everything after the disconnect.

12. Please confirm that weekends hours are four hours on Saturday and four hours on Sunday. page 6, 1.7

Answer: Confirmed. The plant shall be manned from 8 am- 4:30 pm on normal weekdays and 8 am- 12 pm on weekends and holidays. The licensed operator shall be on site no less than 30 days per quarter.

13. What are the sampling requirements for the three water wells. I do not see anything in the SOW. On the Three Groundwater Monitoring wells. Please provide the diameter and depth of Wells and the typical depth to water measurements. Please Confirm the three well casing volumes required to be purged prior to sampling can be discharged to ground.

Answer: There are no well sampling requirements under this contract.

14. Please confirm that all the STP lab equipment present at the walk through will be there for this new contract and that this is government furnished equipment.

Answer: Confirmed.

15. Please provide details on the size of the two Grease traps that are to be serviced every three months. On page 5 section B3 1.5 describes servicing of grease traps to include aerating to break up grease. Please clarify. Typically grease traps are skimmed of the grease accumulation and aerating would suspend the grease. If aerating is required do the grease traps have aeration equipment installed in them or should the contractor plan for providing an air compressor.

Answer: The grease trap in the court yard is 6,000 gallons with no aeration and the contractor would be responsible if aeration is needed. The grease trap near Building 89 is unused and not part of the contract.

16. Please provide historical chemical usage for the past 3 years and the current amount of Miro C being utilized now.

Answer: The contractor will need to make his own judgement as to the quantity of Miro C. Current usage varies from 20-40 gallons per day.

17. Please provide historical sludge disposal quantity.

Answer: A line item will be established to pay for sludge removal based on a 6,000 gallon load.

18. On page 4 in the Statement of Work states the facility is designed for total flow of 350,000 GPD, with monthly average flows between 110,000 -130,000 GPD. However, Plant flow totalizer readings indicated flows currently 250,000 – 300,000 GPD. Please provide historical flow data for the past 3 years.

Answer: See below.

Year
Month
Average

Cumulative Flow

(MPD)

2018
Jul
Data Unavailable
Jun
0.286
May
0.247
Apr
0.178
Mar
0.119
Feb
0.120
Jan
0.011
2017
Dec
0.092
Nov
0.129
Oct
0.225
Sep
0.192
Aug
0.262
Jul
0.305
Jun
0.296
May
0.150
Apr
0.136
Mar
0.120
Feb
0.140
Jan
0.110
2016
Dec
0.110
Nov
0.140
Oct
0.200
Sep
0.270
Aug
0.225
Jul
0.200
Jun
0.200
May
0.160
Apr
0.170
Mar
0.160
Feb
0.160
Jan
0.130
2015
Dec
0.150
Nov
0.160
Oct
0.150
Sep
0.220
Aug
0.250
Jul
0.230
Jun
0.260
May
0.180
Apr
0.140
Mar
0.120
Feb
0.160
Jan
0.120

19. Please clarify that the maintenance of the Effluent lagoons is not to be included in the base work and would be addressed as an additional scope should they require cleaning in the future.

Answer: Yes, lagoon maintenance is excluded from the base contract.

20. We understand that prevailing wage rates as outlined in page 29 Section D3 will apply on this project. Will the contractor be required to provide certified payroll reports or just have them available upon request?

Answer: Payroll reports shall be available upon request.

21. The SPDES permit states that supplies and materials necessary for Effluent disinfection be operable at all times and tested in a manner and frequency as directed by SCDHS. Is there currently any equipment on-site that meets this requirement or has the VA received any waiver from the NYSDEC or SCDHS regarding this requirement?

Answer: There is currently no disinfection equipment on site.

22. Please provide copies of the past 4 quarterly inspection by SCDHS. Are there any open, marginal or unsatisfactory items noted?

Answer: There are some open items with SCDHS that are being addressed by the VA. Inspection reports will be provided to the successful offeror.

23. Is the contractor responsible for emergency call outs? If so are emergency call outs handled portal to portal?

Answer: The contractor shall respond as necessary to ensure full 24/7 operation of the plant.

24. Is there a different procedure for accessing the facility at night than at day?

Answer: No. The process is the same.

25. Does VA Northport decide which vendor is used for sludge disposal?

Answer: The contractor will propose a sludge disposal vendor with the requisite qualifications for approval by the VA.

26. Need better clarification of snow removal boundaries.

Answer: Snow removal is excluded from this contract.

27. Is time spent on snow removal included as part of the eight hour per day visit or is it considered in addition to?

Answer: Snow removal is excluded from this contract.

28. Will the contractor need to adhere to VA Northport’s Holiday schedule, lunch breaks or work day hours?

Answer: Please refer to paragraph 1.7.

B.3 STATEMENT OF WORK

WASTE WATER TREAMTENT PLANT, INCLUDING GREASE TRAPS

The Contractor will maintain and operate the VAMC Northport wastewater treatment plant in accordance with the New York State Pollutant Discharge Elimination System (SPDES) Permit. The system was installed in 1994 and upgraded in 2004. Contractor personnel operating this plant must possess the appropriate New York State license and operate and maintain the Wastewater Treatment Plant within the parameters defined by the SPDES permit. The waste water treatment plant is a 350,000-gallon-per-day activated sludge, nitrification / denitrification plant. There are two clarifiers and onsite discharge lagoons. In addition to the waste water treatment plant, included for maintenance are two grease traps. All wastewater influent to this facility is treated prior to being discharged to onsite lagoons. Normal flow rate varies between 90,000 and 125,000 gallons per day for a monthly average of 110,000 to 130,000 gallons per day. All testing shall be complete and performed on schedule. Samples are taken and operational tests are performed on site daily; permit-required laboratory tests are performed by an independent vendor laboratory off site. The Discharge Monitoring Report (DMR) is prepared monthly by the operator, and signed by the VAMC Northport Chief Engineer for submission to NY State prior to the permit specified monthly deadline.

1.1 General Wastewater Treatment Plant Operations

Wastewater treatment operations shall be conducted in order to provide continuous, cost effective, and efficient treatment of all wastewater. The system shall operate 24 hours a day, 7 days a week. Such operations shall include general operations and maintenance of equipment, pumps, valves and piping, sampling and laboratory analyses waste and effluent disposal, and other related services as listed in TE-6. All operations shall be accomplished in accordance with the treatment facility operations manuals and industry standards. Facility operations and effluent discharge practices shall comply with the SPDES Permit, U.S. EPA regulations, New York State DEC Regulations and Suffolk County Department of Health Services Regulations. The contractor shall prepare and maintain all related correspondence and operating and maintenance reports. All correspondence and reports shall be computer generated.

1.2 Preventive Maintenance Inspection (PMI) Program

The contractor shall implement preventive maintenance inspection programs to help prevent, correct, and repair deficiencies with equipment items, minimizing breakdown and service interruptions, extending component service life, and maximizing operating efficiency. The contractor’s PMI plan shall include inspections and services of lubrication, adjustment, and repair of components. At the end of each year, each equipment item within every system included in this contract will have been addressed. The PMI program is to be established based upon manufactures’ recommendations, handbooks, operation & maintenance manuals, contractor expertise, and general engineering judgments. The contractor shall update schedules as necessary to reflect any changes in equipment inventory.

1.3 Sampling and Laboratory Analysis

The contractor shall provide sampling and laboratory analytical services for process control and to support VAMC Northport and regulatory agency operating requirements. Such sampling and testing procedures shall be accomplished in accordance with the SPDES Permit requirements. Contractor shall keep a complete set of laboratory records for all laboratory tests to include: date and time of sampling, type of sample, name of sample, location of sample, test performed, and test results. Assemble results of such laboratory analyses into reports to be submitted on the monthly report. The contractor shall provide independent laboratory results on a monthly basis.

1.4 Submittal Requirements of Reports and Logs

Monthly Operating Report (MOR) and Discharge Monitoring Report (DMR) along with a cover letter to NYSDEC shall be submitted to VAMC Northport every month by the fifth day of the month to be mailed to NYSDEC and Suffolk County Department of Health Services.

1.5 Servicing Grease Traps

The two grease traps within the VAMC Northport premises shall be serviced on a regular basis, by the Contractor, with the minimum frequency of cleaning shall be at least once in three months for both the grease traps. Servicing of the grease traps shall include but not limited to cleaning, aerating to break up grease, pumping, transporting and disposing legally in accordance with local, state and federal regulations.

1.6 Grounds and Facility Maintenance

The contractor shall mow and trim inside the fenced area of the wastewater treatment plant The Contractor shall mow and trim outside the perimeter fences to obvious boundary lines not to exceed 10 feet. The contractor shall maintain grass to a height not to exceed 4 inches. General housekeeping is the responsibility of the contractor.

1.7. Operator’s Duties and Responsibilities

The contractor shall operate the wastewater treatment plant and system to ensure the system is continuously operational 24 hours per day, 365 days per year. A minimum of one operator, licensed by the State of New York, shall be on duty a minimum of 8 hours per day Monday through Friday and 4 hours during weekends and holidays, 2 hours per day on Saturday and Sunday. License /certification must be equal to or greater than Grade 2A. The operator must provide documentation that demonstrates at least ten years of on-site plant operating experience. Certification must be current throughout the life of the contract. The contractor may be required to work other than normal hours to ensure all operations are functional. The operator shall perform to include but not limited to the following tasks:

· Daily operation of the treatment plant (see attached TE-6)

· Daily inspection and maintenance of the treatment plant

· Sampling and analysis for parameters as specified in the SPDES Permit

· Preparing daily operating reports and logs

· Preventive maintenance work

· Corrective maintenance work

· Emergency, urgent and routine repairs

· Installation of new equipment

· Grounds and facility maintenance

· General housekeeping, cleaning, painting etc.

· Daily communications with the contractor’s Professional Engineer (PE), attending site meetings with PE as required and implementing technical solutions put forward by the PE to solve problems or to improve the treatment process

1.8. Professional Engineer’s Duties and Responsibilities

The contractor shall have a Professional Engineer (PE) on staff. This PE shall have extensive experience in designing, trouble shooting, operating and maintaining wastewater treatment systems. This PE shall provide all the technical assistance required to operate the treatment plant in a most efficient manner and provide expertise to achieve the best treatment possible with the existing unit processes to be in compliance with the U.S. EPA regulations, New York State DEC Regulations and Suffolk County Department of Health Services Regulations. The PE shall perform to include but not limited to the following tasks.

· Visit the treatment plant to inspect the plant, review records, and have meetings with operators to assess the performance of the plant and the performance of the operators and to provide technical assistance to solve problems and / or to improve the treatment process.

· Preparation and Submittal of all reports to VAMC Northport in a timely manner and as required by the SPDES Permit.

· Daily telephone communications with the facility operators to assess the progress and to provide technical assistance in solving problems and / or to improve the treatment process.

· Communications and correspondences with New York State Department of Environmental Conservation, Suffolk County Department of Health Services and the VAMC Northport with regard to the treatment plant.

· Attending meetings with New York State Department of Environmental Conservation, Suffolk County Department of Health Services and the VAMC Northport as and when required.

· Providing VAMC Northport with technical assistance and cost estimates with regard to capital improvements.

The Professional Engineer is considered Key personnel by the government. The vendor must ensure that personnel working under the capacity of this contract meet the below criteria:

· (a) Prior to commencement of work under this contract, detailed resumes and certificates containing sufficient information to demonstrate compliance with this requirement shall be submitted to the Contracting Officer or COR for approval. The resume shall include the following information:

· (1)The full name.
· (2)A detailed description of the previous six (6) years employment history.
· (3)The names and addresses of the companies employing contractor's personnel during the past six (6) years, along with the names and telephone numbers of immediate supervisors.
· (4)Certificates.

· (b) In the performance of this contract, all

· (1) Key Personnel resumes must be submitted with the proposal for evaluation. HOWEVER, THE FINAL HIRING DECISIONS OF PERSONNEL, AFTER ENSURING THAT THE ABOVE BASIC CRITERIA IS MET, WILL BE MADE BY THE AWARDEE AND NOT THE GOVERNMENT.

· (2) Contractor employees designated as “Key Personnel” shall not be removed or replaced without the written consent of the Government. Any replacement candidate must have the same or better qualifications as the employee being released. Resumes of proposed replacement Key Personnel must be provided for review. The Government must approve the replacement candidate in writing before he/she can start work.

1.9 Sludge Waste, Grit and Drags from Treatment Process

On an as needed basis, the wasted sludge, grit and drags from the treatment plant shall be transported off-site and disposed legally in accordance with local, state and federal regulations.

1.10 Place of Performance

Department of Veterans Affairs Northport VA Medical Center 79 Middleville Road Northport, NY 11768

1.11 Quality Control Program

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this contract. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. FINAL QC MUST BE SUBMITTED TO THE COR WITHIN FIVE (5) BUSINESS DAYS OF RECEIPT OF AWARD. The QCP shall include:

a)An inspection system covering all the services described in the contract. A checklist used in inspecting contract performance during regularly scheduled or unscheduled inspections, and the names of the individuals performing the inspection.
b)The checklist shall include every area of the contractor's operation as well as every task required to be performed.
c)A system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the COR inspectors point out the deficiencies.
d)A file of all inspections conducted by the contractor and the corrective action taken. This documentation shall be made available to the COR upon request at any time during the term of the contract.
1.12Unscheduled Maintenance May be performed as a result of the discovery of facility defects or the initiation of service orders and are classified as either routine, urgent, or emergency. Routine, urgent, or emergency type repairs and maintenance work required to keep the equipment in such a condition that it may be utilized at its original design capacity and efficiency.

The contractor shall be responsible for establishing an effective system for accomplishing scheduled and unscheduled maintenance. The scheduling system and backlog listing shall be available for inspection by the COR at any time.

Corrective (Unscheduled) Maintenance (CM). Includes any work not part of preventive (scheduled) firm fixed price maintenance. CM will be identified by the contractor and a proposal given to the COR. Individual CM actions will be performed in accordance with a Government-approved service order process and the contractor will be reimbursed for the fair and reasonable costs of all labor (as further described), parts, materials, supplies, and subcontracts. Labor is not calculated and considered an additional cost if performed by on-site contractor personnel during normal duty hours. Labor obtained via sub-contract can be included in the cost determination, however the CMM must demonstrate to the COR that the repair is beyond the capabilities of on-site maintenance mechanics to execute in-house.

Scope of Goods and Services. Operation, preventive and unscheduled maintenance is covered under this contract in accordance with the terms and conditions defined herein. Contractor shall provide FULL OPERATION, preventive, routine, urgent, and emergency maintenance under the terms of this contract as described herein.

MAINTENANCE TYPES:

Maintenance is broken down into two types' preventative and unscheduled maintenance.

Unscheduled maintenance is further broken down into four subtypes as follows:

Routine maintenance Urgent maintenance Urgent maintenance (repaired during diagnoses) Emergency maintenance Routine Maintenance: Routine maintenance is the repair /replacement of common low price items. Routine maintenance shall be accomplished within 30 days. Routine maintenance is initiated by the COR (Contracting Officer Representative) or an authorized alternate. Routine maintenance calls are to be worked during normal hours.

Urgent Maintenance: Urgent maintenance requires the contractor to investigate within 4 hours and correct within 24 hours. Urgent maintenance is initiated by the COR or an authorized alternate. The contractor shall respond with a service technician within four work hours and shall be work continuously around the clock until completed.

Urgent Maintenance, (Repaired during diagnoses): During the diagnoses phase the technician resolves the problem. (I.e. an adjustment, replacement of a fuse, the problem was resolved with parts on hand) Emergency Maintenance: Emergency maintenance is the repair/replacement of any subsystem or component part of the waste water treatment plant systems. Contractor responds immediately (2 hours) and works continuously to resolve the problem.

Unscheduled Maintenance and Repair:

Requests for Service The contractor may receive requests for service at any time. Service orders will be prepared by the Government and scheduled for accomplishment according to the priority of work (routine, urgent or emergency).

Service Order System All service orders will be computerized by the Government using the AEMS-MERS software program. Records will be maintained for the duration of the task order and turned over to the Government at completion of the contract.

Service Order Requests after Normal Duty Hours In case of an emergency occurring after normal duty hours, the contractor will contact the COR and request approval for an emergency service order for performance of the work.

Response and Completion Times Response and completion times shall be shall be IAW the table below:

Maintenance Type
Response Time
Time To Complete
Hours of Work
Measured Output
Preventive
Regularly Scheduled
Within 30 days of scheduled date
Normal Business Hours
95% completion rate or better
Routine
3 work days
Within 30 days of request
Normal Business Hours
95% completion rate or better
Urgent
4 hours
24 hours
Continuous
95% completion rate (pending parts availability)
Urgent (Repaired during diagnosis)
4 hours
24 hours
Continuous
Simple repairs completed at 95% or better
Emergency
2 hours
24 hours
Continuous
95% completion rate (pending parts availability)

Unscheduled (Corrective) Maintenance Performance The contractor shall provide unscheduled maintenance (corrective maintenance and repairs) for the facility, systems and equipment for buildings listed in the site-specific performance work statements.

Labor The contractor will provide all labor for individual unscheduled maintenance actions conducted during normal duty hours.

Labor expended to make a repair with in-house contractor personnel during normal duty hours is considered to be included and is not reimbursable. Subcontracted labor expenses must be supported to the COR that the skills required to execute the repair exceed the capabilities of in house contractor personnel if the contractor has in house staff at the site in accordance with this contract.

For individual unscheduled maintenance actions work will be performed in accordance with a Government-approved service order process. Labor costs for unscheduled maintenance actions will not be charged to the Government if the work is accomplished by the contractor’s in-house personnel during the normal 40 hour work week.

Parts, Materials, Supplies and Subcontracts The contractor shall obtain all parts, materials, and supplies required for performance of corrective maintenance actions.

Emergency response outside of normal duty hours: The contractor shall be required to respond to emergency situations with qualified personnel outside of normal duty hours. If required, emergency work outside of normal duty hours will be treated as an unscheduled maintenance action and will be performed in accordance with the “Unscheduled Maintenance” process described herein. The contractor will be reimbursed for the cost of labor for those contractor personnel who are in an overtime status as a result of having responded to the emergency situation.

Unscheduled Maintenance Services Out-side the FFP. The contractor may be required to perform unscheduled maintenance (i.e., corrective maintenance and repairs) in the facilities when requested by the CO or COR, and in this case, all maintenance work will be performed in accordance with a Government-approved service order process, and the contractor will be reimbursed for all costs (labor, materials, parts, supplies, and subcontracts) for a price negotiated by the CO, COR & Contractor and determined to be fair and reasonable.

1.13 Subcontracts

No portion of the work shall be subcontracted without prior written consent of the Contracting Officer. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the Contracting Officer with thenames, qualifications and experience of their proposed subcontractor(s). The contractor shall, however, remain fully liable and responsible for the work to be done by his/her subcontractor(s) and shall assure compliance with all requirements of the contract.
1.14Exclusions
The contractor shall not be liable for any loss, damage or delay caused by acts of fire,explosion, floods, riot, civil commotion, war, act of God, or by any cause beyond his/herreasonable control, nor shall he/she be liable for consequential damages from such causes.
The following work is specifically excluded from this contract.
Repair or replacement made necessary due to the negligence or misuse of the equipmentby persons other than the contractor, his/her representatives or his/her employees.
The Contracting Officer must approve, in advance, any extra charge work attributed tovandalism or misuse. No invoice will be paid without prior approval.
Any repairs due to misuse or negligence shall be billed according to the labor ratespecified in the pricing schedule. Parts will be billed at actual invoiced cost.
1.15Security Requirements
Contractors and his/her employees and sub-contractors are required to conform to VHA’ssecurity and privacy requirements as described below.
The Contractor will be responsible for ensuring compliance by its employees with the security regulations of VA, VHA and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property. The Contractor will ensure the security of all VA and VHA property, building ID badges, keycards and standard keys issued to Contractor staff. For employees leaving the projectpermanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys, etc. the same day the employees leave the project.
Background Investigations:
VHA’s HCA work environment is considered sensitive but unclassified. VHA is required under the Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” to perform a National Agency Check with Inquiries (NACI) for Contractors. The NACI is a brief form of background investigation that is conducted through the Office of Personnel Management. This investigation will be conducted for Contractor staff assigned to this Contract. Contractor staff will be required to provide two forms of acceptableidentification, provide a current photograph, and be finger-printed. Successful clearance is required for an employee to continue working under this Contract.
Per the PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL clause of the Federal Acquisition Regulation (FAR 52.204-9):
The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
Contractor personnel must have in their possession for inspection by VA PoliceDepartment a valid state or government issued identification such as drivers’ license or passport.
Personnel may be required to surrender their ID to the VA Police to obtain a temporaryday pass at the discretion of VA Police. ID will be returned upon leaving US Government property.

Personnel designated to be on station on a regular permanent basis will be subject applying for and obtaining a US Government Department of Veterans Affairs PIV and associated background investigation.

The C&A requirements do not apply and that the Security Accreditation Package is not required.

The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. VA/VHA facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

The contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

The contractor shall require all employees, including supervisors, to wear distinctive uniform clothing for easy identification, and assure that every employee is in uniform no later than the time specified by the COR, or otherwise no later than ten (10) working days from the date an employee first enters on duty. The uniform shall have the contractor's name, easily identifiable, affixed thereon in a permanent or semi-permanent manner, such as a badge or monogram.

Disclosed Information: Though there is no anticipation of information protected by the provisions of the Privacy Act of 1974 to be disclosed during the performance of this task, all personnel assigned to this Contract are required to take proper precautions to protect privacy information from disclosure in the case that such disclosures are made.

Commitment to Protect Sensitive Information: The Contractor shall not release, publish,or disclose sensitive information to unauthorized personnel, and shall protect suchinformation in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)
The Contractor, his/her employees, former employees, sub-contractors and former sub-contractors shall not discuss their work performed under this contract, plant conditions orinformation relating to VA Hudson Valley to anyone other than the authorized USGovernment Employees with a specific need to know.
PRIVACY ACT:
a)Disclosed Information: Though there is no anticipation of information protected by the provisions of the Privacy Act of 1974 to be disclosed during the performance of this task, all personnel assigned to this Contract are required to take proper precautions to protect privacy information from disclosure in the case that such disclosures are made.

b) Commitment to Protect Sensitive Information: The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

1.16 Progress Meetings

A kickoff meeting will be held within 5 business days of contract award. Thereafter weekly progress meetings will be held between the VA-COR – Engineering Leadership and the Contractors Project Manager.

Upon satisfaction of the VA-COR and Engineering Leadership that the performance of the contractor is satisfactory, progress meetings may be scheduled and held quarterly.

1.17Government Furnished Items, Services & Responsibilities
Space may be assigned to the contractor for the storage of his/her supplies, material andthe equipment, which he/she will use in the performance of work under this contract. Thisspace shall be kept in a neat and orderly condition. Space assigned to the contractor maybe changed by the Medical Center during the term of this contract, at no additional cost.
The Medical Center will not be responsible in any way for damage to the contractor's stored supplies, materials, replacement parts or equipment
Contracting Officer (CO): The Contracting Officer has the overall responsibility for theadministration of this contract. He/she, alone, without delegation, is authorized to takeaction on behalf of the Medical Center to: Amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules.However, he/she may delegate certain other responsibilities to his/her authorized representatives.
Contracting Officer's Representative (COR): The COR will be designated at time of award. The COR will assist the CO in the discharge of his/her responsibilities. The responsibilities of the COR include, but are not limited to: Determining the adequacy of performance by the contractor in accordance with the terms and conditions of this contract; acting as the Medical Center's representative in charge of the work at the site; ensuring the compliance with contract requirements insofar as the work is concerned; andadvising the CO of any factors which may cause delay in performance of the work.

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