36C24222B0059_1.docx

528-21-137 Bone Densitometer Renovation

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24222B0059 X 07-21-2022 528-23-1-4192-0004 528-21-137 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga

NY

14227 Tanya Baldwin Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road, Suite 3500 Cheektowaga

NY

14227

BALDWIN, TANYA

N/A Contractor shall provide all labor, equipment, materials, and supervision necessary to perform all work required for “Bone Densitometer Renovation”, in accordance with (IAW) all drawings, specifications, and the scope of work.

This project is located at the Buffalo New York Veterans Hospital at 3495 Bailey Avenue Buffalo, NY 14215.

Project magnitude: between $100,000 and $250,000. The NAICS code is 236220. Small Business size standard is $39.5.

As set forth in 38 U.S.C 8127 the requirement is a 100% set aside to Service-Disabled Veteran Owned Small Business.

See VAAR 852.219-10, Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside of this VERIFIED by the Department of Veterans Affairs Center for Verification and Evaluation (CVE) at time of submission of bid and at time of award. Failure to be both VERIFIED by CVE and VISIBLE in VetBiz prior to contract award will result in the bidder's proposal being deemed non-responsive. All offerors are urged to contact the CVE and submit the required documents to obtain CVE verification of their SDVOSB status if they have not already done so.

In accordance with FAR 52.204-7, System for Award Management (SAM), prospective contractors shall be registered in the SAM database prior to award of a contract or agreement.

See full solicitation text for information related to pre-bid site visit, requests for information, bidding materials, and public bid opening.

Note: In accordance with FAR 36.209 and VAAR 836.209, an A/E firm cannot be awarded any construction contract for which it provided design services unless approved by the head of the agency.

The site visit is schedule on Thursday, August 4, 2022, at 1: 00 P.M at the Buffalo VAMC.

X 52.211-10 X N/A 1:00

EDT

08-25-2022 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

528-3630162-4192-854200 Non-Recurring Ma-3220 Buildings and Facilities--23NRNR000 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga

NY

14227 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

X Tanya Baldwin Contracting Officer

Table of Contents

Construction Scope of Work Bone Densitometer Renovation Project 528-21-137

General Information

1.1 Location

Work performed under this scope will be for and conducted within VA Western New York Healthcare System (VAWNYHS) at the Buffalo VA Medical Center (VAMC) located at 3495 Bailey Avenue Buffalo, NY 14215 under VA Project Number 528-21-137.

1.2 Purpose

The purpose of this effort is to perform asbestos abatement and general demolition within rooms 409C, 410C and 439C in Building 1, 4th Floor, C-Wing, at the Buffalo VAMC. Work will also include renovation of the Bone Densitometer space (Room 439C).

The Buffalo VAMC requires a Contractor to perform construction work necessary to accomplish this effort.

1.3 Scope

Work required to complete this project is fully described in the project drawings and specifications; and generally includes:

· Asbestos Abatement

· Demolition

· New Construction

· Infection Control (ICRA) & Safety Requirements The contractor is advised to review the ICRA permit and the safety specifications included as part of the project documents to better understand project requirements.

*Note that asbestos abatement will require additional containment measures above and beyond ICRA requirements.

1.3.1 Site Conditions, As-Built and Record Documents

Although the VA makes every effort to keep drawings current to existing conditions, changes and updates are sometimes not recorded. It is therefore the contractors responsibility to perform field investigation and verify of the accuracy of the drawings with the actual conditions.

The contractor shall check existing conditions at the project site prior to bidding.

1.3.2 Quality Assurance/Quality Control

The Contractor is responsible for reviewing work completed by its own crew or any subcontractors that the Contractor has hired to assist with the completion of this scope of work (SOW). The Contractor must correct any unsatisfactory work completed by its employees or subcontractors at no additional cost to the VA. Unsatisfactory work may be identified by the contractor, subcontractor, or authorized VA representative.

1.3.3 Hazardous Materials

Hazardous materials removal is required for this effort as some existing materials have tested positive for asbestos.

All building materials containing asbestos must be removed under abatement conditions in accordance with laws and regulations.

1.3.4 Personal Protective Equipment (PPE)

The Contractor is responsible for obtaining / providing, inspecting, and maintaining any required Personal Protective Equipment (PPE) and access equipment (lifts, scaffolding, etc...) necessary to perform services identified in this SOW and associated project documents.

1.4 Approach

1.4.1 General

This Scope of Work has been broken down into general requirements that are applicable to the entire contract and the specific construction effort:

· General (Section 3.1)

· Construction (Section 3.2) The bidding Contractor(s) will conduct a brief pre award site survey of the campus. This will be arranged through the contracting officer and conducted as a group or individually as per the contracting officer.

1.4.2 Phasing / Work Hours

Although there is no formal phasing required, abatement, demolition and construction activities shall first focus on Room 439C.

Construction efforts must be coordinated to minimize the impact to the ‘C’ wing on the fourth floor. Work that may disrupt patients or general operations within the medical center will need to be performed outside of the VAMC normal operating hours, which are 7:00 am to 4:30 pm. Such work may be performed on nights, weekends and select holidays as coordinated with and approved by the VA. Examples of disruptive work include efforts that generate loud noise or vibrations that may be heard or felt outside of the area where work is being performed. Work will need to be phased and broken into manageable iterations with full stopping points. Approved asbestos abatement plans, safety plans and the ICRA permit must be followed during each phase of demolition and construction.

1.4.3 Itemized Conditions:

· Any wall or ceiling mounted signage, alarms, decoration, or other ancillary feature that require temporary removal or relocation to complete the renovations will be the contractor’s responsibility to remove and reinstall. If any signage, alarms, or other feature is damaged during construction, the contractor will replace with an equivalent device as approved by the COR at no additional cost to the VA.

· The contractor is responsible for disposing of all demolished materials. A dumpster may be placed onsite; however, it cannot be placed in a manner that blocks or interrupts vehicle or pedestrian traffic. Dumpster location shall be coordinated with and approved by the COR.

1.5 Site Information

1.5.1 Safety

All Contractor personnel working onsite at the Medical Center will be required to attend a 1 hour Buffalo VAMC site specific safety training class. This class will be held on site and will be taught by a member of the Buffalo VAMC safety office. Attendance to this class and proof of the 10 hour OSHA requirement will allow Contractor personnel to obtain a photo ID badge from the Buffalo VAMC Police. All Contractor personnel shall wear this badge above the waist at all times while on the Buffalo VAMC campus. Participation in this class is mandatory and must be done prior to the commencement of work on-site.

If this training has been completed previously (as evidenced by a valid Buffalo VAMC Contractor Photo ID) then no repeat training will be required until the printed expiration date. Personnel must attend the safety training class to renew an existing badge.

1.5.2 Access

Although the VAWNYHS campuses are public facilities, access to facility maintenance areas, electrical areas, mechanical areas, roof access, and certain other portions of the medical facility are restricted from the general public. Accessing these areas may require advance notice, pre-approval, and scheduling to gain entry.

All visits and access requests to the VAWNYHS under this scope of work shall be coordinated through the COR.

1.5.3 Security

The construction site will always be secured by a VA approved lock. Four keys to the lock will be held, one-each by the following individuals: 1) contractor’s site supervisor, 2) the VA COR, 3) VA Police Force, and 4) VA Key Control Supervisor. No individual will be provided access to the construction site without approval from the VA. Subcontractors will be provided access by the contractor’s site supervisor, who will remain onsite for the entirety of the subcontractor’s work, and following the work will secure the site, after a complete site inspection.

1.5.4 Photography

It is VHA policy to respect the privacy of all persons (e.g., Veterans, patients, residents, members of the VHA workforce, and visitors) consistent with the needs of operating a national health care system. Privacy protections on VHA premises vary according to the needs and purposes of different types of areas, the persons included, and the purpose of the production and use of photographs, digital images, and video or audio recordings (excerpt from VHA Directive 1078).

Photography of as-built and site conditions are permissible actions under this SOW when photography activities are coordinated with the COR.

The Contractor shall ensure that any photographs taken do NOT include any VHA patients, members of the VHA workforce, or visitors to the VAMC facility.

Applicable Documents The following documents are applicable to this Scope of Work (SOW) to the extent specified herein. While every effort has been made to ensure the completeness of this list, document users are cautioned that they must meet all specified requirements of documents cited in this SOW, whether or not they are listed here.

1.6 Government Documents

The following directives, guides, handbooks, and drawings form a part of this document to the extent specified herein. Unless otherwise specified, the latest revisions available shall be used.

Copies of construction related Department of Veterans Affairs directives, guides, and handbooks are available from the Office of Construction and Facilities Management website:

http://www.cfm.va.gov/til/index.asp

DEPARTMENT OF VETERANS AFFAIRS DIRECTIVES

1078 PRIVACY OF PERSONS REGARDING PHOTOGRAPHS, DIGITAL IMAGES,

AND VIDEO OR AUDIO RECORDINGS

1.7 Veterans Health Administration Western New York Documents The following drawings and documents form a part of this document to the extent specified herein.

Documents identified as “AS MODIFIED FOR VA PROJECT 528-21-137” are base VA documents that have been tailored to the needs of this specific effort. While the base VA documents are available on the Office of Construction and Facilities Management website listed above, the Contractor shall use the modified version included as part of this SOW, NOT the base document. Copies of these documents are available from the CO, COR, or Technical POC.

VA WESTERN NEW YORK HEALTHCARE SYSTEM, BUFFALO VA MEDICAL CENTER

SPECIFICATIONS (AS MODIFIED FOR VA PROJECT 528-21-137)

PROJECT SPECIFIC DRAWINGS

1.8 Non-Government Publications

All work shall be accomplished in strict accordance with the latest codes and standards. The Contractor shall follow any/all applicable standards and codes, including, but not limited to applicable NFPA standards, NEC, JCAHO, OSHA, ANSI, ASHRAE, and any other codes.

1.9 Order of Precedence

In the event of a conflict between the text of this document and the references cited herein, the text of this document takes precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained.

Requirements The Contractor shall provide personnel, materials, services, and facilities to perform, accomplish, and deliver the required services detailed in this scope of work.

1.10 General

This section contains general information that is applicable for the duration of the contract (i.e. applies to all Parts of this effort).

1.10.1 Status Reports

The Contractor shall provide monthly status reports throughout the duration of the contract. The reports should include at a minimum the bulleted items below. The status report will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC) or Portable Document Format (*.PDF) that can be emailed to COR, however, note that the VA email cannot accept file sizes larger than 5mb. Files over that size may be provided through an internet-based file sharing software such as sharepoint. The reporting period will begin at Notice to Proceed.

· Negative air pressure monitoring:

· Manually taken hourly log

· Photographs of work taken during the reporting period, specifically the following iterations:

· As built (pre-demo) images of any exposed electric., plumbing or other utility system

· Completed demolition, showing base condition

· Progress photos

· Photos of any area of concern

· Progress Report Update

· Itemized list of progress completed during the reporting period

· Itemized list of tasks behind schedule

· Updated project schedule

· Any Requests for future work, i.e. access, Shutdowns, Utility coordination, VA Engineering team assistance, etc.

· Project and safety issues, or other concerns

1.10.2 Meetings

Meetings will be held once each month starting after the initial kickoff meeting. Meeting location and exact schedule will be arraigned as agreed upon between the VA and Contractor. The intent of the meetings is to discuss the project schedule, status of submittals and RFIs, construction progress, cause of delays, issues / concerns and safety and review the status report.

The Contractor shall provide meeting minutes to document discussions had during the meeting. The contents of meeting minutes shall include but is not limited to the following information/topics:

· Meeting attendees

· Narrative to describe contents of meeting (will likely mirror the meeting agenda)

· List of action items (for both the Government and the Contractor) Meeting minutes may be organized in Contractor specified format. Meeting minutes will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC) or Portable Document Format (*.PDF).

The Contractor shall provide draft meeting minutes within 5 business days of the meeting. The Government will review and provide comments back to the Contractor within 3 business days of receipt of the draft meeting minutes. The Contractor shall finalize the meeting minutes and submit the final meeting minutes to the Government within 3 business days of receipt of Government comments.

1.10.3 Meeting Agenda

The Contractor shall provide a meeting agenda 3 business days prior to the scheduled date of the meeting.

Meeting agendas may be organized in Contractor specified format. Meeting agendas will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC) or Portable Document Format (*.PDF). Meeting agendas shall be submitted via email to the COR.

1.11 Construction

3.2.1 Kick-off Meeting and Site Survey

The Contractor shall conduct a kick-off meeting at the VAMC. During the kick-off meeting the Contractor shall discuss the approach to the project, review the project schedule, and review their plan to address any risks associated with the effort.

In conjunction with the Kick-off Meeting, the Contractor shall survey the existing area to assess current site conditions and gather information necessary to carry out required tasks.

11. Submittals The contractor shall provide submittals and shop drawings for review prior to starting work. All submittals are required to be approved prior to starting work associated with the submittal.

Provide a transmittal with each submittal containing project title, location, project number, date, subcontractor name if applicable, associated section of specification, product identification, and revision number if submittal is not initially approved.

The VA review period for submittals is 5 business days. The VA will return submittals to the contractor notated as “Approved”, “Approved as Noted”, “Revise and Resubmit” or “Not Reviewed”.

A submittal log has been generated for this effort and represents a list of the minimum required submittals based upon the current construction documents. Although every attempt has been made to ensure that this list is complete, additional submittals not listed may be required.

Table 1: Submittal Log

1.11.1 Preconstruction Conference

Submittals 1-9 as listed above must be submitted and approved prior to the start of work on site. At such time the Contractor shall attend a Preconstruction Conference. This meeting will be a follow-up to the Meetings Meetings will be held once each month starting after the initial kickoff meeting. Meeting location and exact schedule will be arraigned as agreed upon between the VA and Contractor. The intent of the meetings is to discuss the project schedule, status of submittals and RFIs, construction progress, cause of delays, issues / concerns and safety and review the status report.

The Contractor shall provide meeting minutes to document discussions had during the meeting. The contents of meeting minutes shall include but is not limited to the following information/topics:

· Meeting attendees

· Narrative to describe contents of meeting (will likely mirror the meeting agenda)

· List of action items (for both the Government and the Contractor) Meeting minutes may be organized in Contractor specified format. Meeting minutes will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC) or Portable Document Format (*.PDF).

The Contractor shall provide draft meeting minutes within 5 business days of the meeting. The Government will review and provide comments back to the Contractor within 3 business days of receipt of the draft meeting minutes. The Contractor shall finalize the meeting minutes and submit the final meeting minutes to the Government within 3 business days of receipt of Government comments.

1.11.2 Meeting Agenda

The Contractor shall provide a meeting agenda 3 business days prior to the scheduled date of the meeting.

Meeting agendas may be organized in Contractor specified format. Meeting agendas will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC) or Portable Document Format (*.PDF). Meeting agendas shall be submitted via email to the COR.

1.12 Construction

3.2.1 Kick-off Meeting and Site Survey. In preparation for this meeting the Contractor shall submit:

An updated work plan that adds additional details based upon approved submittal information.

Revised or new Activity Hazard Analysis (AHA) based on approved submittals Any additional clarifying details about the work to be performed that have been updated bases upon the approved submittals.

Any action items resulting from this meeting shall be addressed prior to ordering any materials or beginning the actual construction work.

1.12.1 General Construction

The Contractors scope of work for General Construction shall include, but is not limited to, the procedures outlined in PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS (528-21-137).

Work includes, but not limited to, all labor, material, equipment and supervision to perform the required demolition, modification, construction, and/or installations in rooms 409C, 410C and 439C as described in the project drawings, specifications, and this SOW.

1.12.2 Construction Inspections

Periodic formal and informal construction inspections will be performed by VA staff throughout the construction process to assess the quality and compliance of the project in comparison to the Contract Documents. Typical inspection examples include review of safety, ICRA requirements, demolition, preparation for and installation of final finishes.

Any findings identified during an inspection as having a negative impact on the project will be photographed, documented in writing, and delivered to the contractor.

The Contractor shall respond in writing and provide evidential proof of compliance/rectification/resolution to each finding identified.

Some findings may require resolution prior to moving to the next construction process.

Verification Final inspection of the installed floor shall be conducted jointly before final acceptance of the constructed product. The groups that will participate in the verification process include:

· Prime Contractor

· Subcontractor (as applicable)

· VA Engineering These inspections will be based upon manufacturer data and will be checked against VA regulatory requirements as applicable.

Any work that does not pass inspection, the Contractor shall troubleshoot the issue and determine the root cause of the problem.

If the root cause is the result of the construction work, the Contractor shall repair and/or replace the faulty construction work and any subsequent damage at no additional cost to the Government.

If the root cause is the result of faulty equipment or materials (manufacturer defect), the Contractor shall coordinate with the manufacturer / supplier to repair and / or replace the faulty equipment or materials and any subsequent damage at no additional cost to the Government.

Delivery

1.13 Technical POC

The Contractor shall coordinate all visits and meetings with and provide submittals to:

Robert Cebulski

VA Western New York Healthcare System

Buffalo VA Medical Center

3495 Bailey Avenue

Buffalo, NY 14215

1.14 Schedule and Submittals

The Period of Performance for the total effort will not exceed 180 calendar days.

Independent of the not to exceed period of performance, the Contractor shall comply with the individual relative and absolute timelines identified in this SOW.

The Contractor is responsible for submitting a detailed schedule that includes all initial preparations and administrative work and must also show associated predecessor and successor logic associated with all tasks performed under this contract.

Government Furnished Information, Materials, & Equipment The government shall supply the following information:

All Buffalo VAMC project specific drawings and specifications from section 2.2.

Government Furnished Materials (GFM) and Government Furnished Equipment (GFE) are not required and will not be provided for this effort.

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

4. Masking and Physical Distancing While in Covered Contractor Workplaces Covered contractors must ensure that all individuals, including covered contractor employees and visitors, comply with published CDC guidance for masking and physical distancing at a covered contractor workplace.

5. COVID-19 Coordinator Designation Covered contractors must designate a person or persons to coordinate implementation of and compliance with these workplace safety protocols at covered contractor workplaces.

Please take the time to visit the Safer Federal Workforce Task Force website at https:/www.saferfederalworkforce.gov/contractors/ for more information and guidance.

Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors Updated November 10, 2021

Introduction

On September 9, President Biden announced his Path Out of the Pandemic: COVID-19 Action Plan. One of the main goals of this science-based plan is to get more people vaccinated.

As part of that plan, the President signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, (“the order”) which directs executive departments and agencies, including independent establishments subject to the Federal Property and Administrative Services Act, 40 U.S.C. § 102(4)(A), to ensure that covered contracts and contract-like instruments include a clause (“the clause”) that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier subcontracts. This clause shall specify that the contractor or subcontractor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (“Task Force”), provided that the Director of the Office of Management and Budget (“OMB”) approves the Task Force Guidance (the or this “Guidance”) and determines that the Guidance, if adhered to by covered contractors, will promote economy and efficiency in Federal contracting.

The actions directed by the order will ensure that parties who contract with the Federal Government provide COVID-19 safeguards in workplaces with individuals working on or in connection with a Federal Government contract or contract-like instrument. These workplace safety protocols will apply to all covered contractor employees, including contractor or subcontractor employees in covered contractor workplaces who are not working on a Federal Government contract or contract-like instrument. These safeguards will decrease the spread of SARS-CoV-2, the virus that causes COVID-19, which will decrease worker absence, reduce labor costs, and improve the efficiency of contractors and subcontractors performing work for the Federal Government.

Pursuant to this Guidance, and in addition to any requirements or workplace safety protocols that are applicable because a contractor or subcontractor employee is present at a Federal workplace, Federal contractors and subcontractors with a covered contract will be required to conform to the following workplace safety protocols:

1. COVID-19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation;

2. Compliance by individuals, including covered contractor employees and visitors, with the Guidance related to masking and physical distancing while in covered contractor workplaces; and

3. Designation by covered contractors of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces.

The order also sets out a process for OMB and the Safer Federal Workforce Task Force to update the Guidance for covered contractors, which the Task Force will consider doing based on future changes to Centers for Disease Control and Prevention (“CDC”) COVID-19 guidance and as warranted by the circumstances of the pandemic and public health conditions. It also sets out a process for the Federal Acquisition Regulatory Council (“FAR Council”) to implement such protocols and guidance for covered Federal procurement solicitations and contracts subject to the Federal Acquisition Regulation (“FAR”) and for agencies that are responsible for covered contracts and contract-like instruments not subject to the FAR to take prompt action to ensure that those covered contracts and contract-like instruments include the clause, consistent with the order.

Covered contractors shall adhere to the requirements of this Guidance. The Director of OMB has, as authorized by Executive Order 14042, approved this Guidance and has, an exercise of the delegation of authority (see 3 U.S.C. § 301) under the Federal Property and Administrative Services Act determined that this Guidance will promote economy and efficiency in Federal contracting if adhered to by Government contractors and subcontractors. The Director has published such determination in the Federal Register.

Definitions Community transmission – means the level of community transmission as set forth in the CDC COVID-19 Data Tracker County View.

Contract and contract-like instrument – has the meaning set forth in the Department of Labor’s proposed rule, “Increasing the Minimum Wage for Federal Contractors,” 86 Fed. Reg. 38,816, 38,887 (July 22, 2021). If the Department of Labor issues a final rule relating to that proposed rule, this term shall have the meaning set forth in that final rule.

That proposed rule defines a contract or contract-like instrument as an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. This definition includes, but is not limited to, a mutually binding legal relationship obligating one party to furnish services (including construction) and another party to pay for them. The term contract includes all contracts and any subcontracts of any tier thereunder, whether negotiated or advertised, including any procurement actions, lease agreements, cooperative agreements, provider agreements, intergovernmental service agreements, service agreements, licenses, permits, or any other type of agreement, regardless of nomenclature, type, or particular form, and whether entered into verbally or in writing. The term contract shall be interpreted broadly as to include, but not be limited to, any contract within the definition provided in the FAR at 48 CFR chapter 1 or applicable Federal statutes. This definition includes, but is not limited to, any contract that may be covered under any Federal procurement statute. Contracts may be the result of competitive bidding or awarded to a single source under applicable authority to do so. In addition to bilateral instruments, contracts include, but are not limited to, awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; exercised contract options; and bilateral contract modifications. The term contract includes contracts covered by the Service Contract Act, contracts covered by the Davis-Bacon Act, concessions contracts not otherwise subject to the Service Contract Act, and contracts in connection with Federal property or land and related to offering services for Federal employees, their dependents, or the general public.

Contractor or subcontractor workplace location – means a location where covered contract employees work, including a covered contractor workplace or Federal workplace.

Covered contract – means any contract or contract-like instrument that includes the clause described in Section 2(a) of the order.

Covered contractor – means a prime contractor or subcontractor at any tier who is party to a covered contract.

Covered contractor employee – means any full-time or part-time employee of a covered contractor working on or in connection with a covered contract or working at a covered contractor workplace. This includes employees of covered contractors who are not themselves working on or in connection with a covered contract.

Covered contractor workplace – means a location controlled by a covered contractor at which any employee of a covered contractor working on or in connection with a covered contract is likely to be present during the period of performance for a covered contract. A covered contractor workplace does not include a covered contractor employee’s residence.

Federal workplace – means any place, site, installation, building, room, or facility in which any Federal executive department or agency conducts official business, or is within an executive department or agency’s jurisdiction, custody, or control.

Fully vaccinated – People are considered fully vaccinated for COVID-19 two weeks after they have received the second dose in a two-dose series, or two weeks after they have received a single-dose vaccine. There is currently no post-vaccination time limit on fully vaccinated status; should such a limit be determined by the Centers for Disease Control and Prevention, that limit will be considered by the Task Force and OMB for possible updating of this Guidance.

For purposes of this Guidance, people are considered fully vaccinated if they have received COVID-19 vaccines currently approved or authorized for emergency use by the U.S. Food and Drug Administration (Pfizer-BioNTech, Moderna, and Johnson & Johnson [J&J]/Janssen COVID-19 vaccines) or COVID-19 vaccines that have been listed for emergency use by the World Health Organization (e.g., AstraZeneca/Oxford). More information is available at Interim Clinical Considerations for Use of COVID-19 Vaccines | CDC.

Clinical trial participants from a U.S. site who are documented to have received the full series of an “active” (not placebo) COVID-19 vaccine candidate, for which vaccine efficacy has been independently confirmed (e.g., by a data and safety monitoring board), can be considered fully vaccinated two weeks after they have completed the vaccine series. Currently, the Novavax COVID-19 vaccine meets these criteria. More information is available at the CDC website here.

Mask – means any mask that is consistent with CDC recommendations as set forth in Types of Masks and Respirators | CDC. This may include the following: disposable masks, masks that fit properly (snugly around the nose and chin with no large gaps around the sides of the face), masks made with breathable fabric (such as cotton), masks made with tightly woven fabric (i.e., fabrics that do not let light pass through when held up to a light source), masks with two or three layers, masks with inner filter pockets, and filtering facepiece respirators that are approved by the National Institute for Occupational Safety and Health or consistent with international standards. The following do not constitute masks for purposes of this Guidance: masks with exhalation valves, vents, or other openings; face shields only (without mask); or masks with single-layer fabric or thin fabric that does not block light.

Guidance Covered contractors are responsible for ensuring that covered contractor employees comply with the workplace safety protocols detailed below. Covered contractor employees must also comply with agency COVID-19 workplace safety requirements while in Federal workplaces.

Consistent with applicable law, agencies are strongly encouraged to incorporate a clause requiring compliance with this Guidance into contracts that are not covered or directly addressed by the order because the contract is under the Simplified Acquisition Threshold as defined in section 2.101 of the FAR or is a contract or subcontract for the manufacturing of products. Agencies are also strongly encouraged to incorporate a clause requiring compliance with this Guidance into existing contracts and contract-like instruments prior to the date upon which the order requires inclusion of the clause.

1. Vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation

Covered contractors must ensure that all covered contractor employees are fully vaccinated for COVID-19, unless the employee is legally entitled to an accommodation. Covered contractor employees must be fully vaccinated no later than January 18, 2022. After that date, all covered contractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract.

A covered contractor may be required to provide an accommodation to covered contractor employees who communicate to the covered contractor that they are not vaccinated against COVID-19 because of a disability (which would include medical conditions) or because of a sincerely held religious belief, practice, or observance. A covered contractor should review and consider what, if any, accommodation it must offer. Requests for “medical accommodation” or “medical exceptions” should be treated as requests for a disability accommodation.

Should a Federal agency have an urgent, mission-critical need for a covered contractor to have covered contractor employees begin work on a covered contract or at a covered workplace before becoming fully vaccinated, the agency head may approve an exception for the covered contractor—in the case of such limited exceptions, the covered contractor must ensure these covered contractor employees are fully vaccinated within 60 days of beginning work on a covered contract or at a covered workplace. The covered contractor must further ensure that such employees comply with masking and physical distancing requirements for not fully vaccinated individuals in covered workplaces prior to being fully vaccinated.

The covered contractor must review its covered employees’ documentation to prove vaccination status. Covered contractors must require covered contractor employees to show or provide their employer with one of the following documents: a copy of the record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), a copy of medical records documenting the vaccination, a copy of immunization records from a public health or State immunization information system, or a copy of any other official documentation verifying vaccination with information on the vaccine name, date(s) of administration, and the name of health care professional or clinic site administering vaccine. Covered contractors may allow covered contractor employees to show or provide to their employer a digital copy of such records, including, for example, a digital photograph, scanned image, or PDF of such a record.

The covered contractor shall ensure compliance with the requirements in this Guidance related to the showing or provision of proper vaccination documentation.

Covered contractors are strongly encouraged to incorporate similar vaccination requirements into their non-covered contracts and agreements with non-covered contractors whose employees perform work at covered contractor workplaces but who do not work on or in connection with a federal contract, such as those contracts and agreements related to the provision of food services, onsite security, or groundskeeping services at covered contractor workplaces.

2. Requirements related to masking and physical distancing while in covered contractor workplaces

Covered contractors must ensure that all individuals, including covered contractor employees and visitors, comply with published CDC guidance for masking and physical distancing at a covered…