36C24421Q1266_1.docx

36C24421Q1213

GENERAL INFORMATION

Network Contracting Office 4 Services 1 1010 Delafield Rd.

POINT OF CONTACT*

Contract Specialist Don Caldwell Don.Caldwell@va.gov 412-822-1007

PLACE OF PERFORMANCE

3900 Woodland Ave.

Philadelphia PA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C244-21-Q-1266.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-07 effective August 11, 2021, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.

This Solicitation is set-aside for Small Business. The NAICS Code is 562910, Remediation Services and the business size standard is $22 million.

Regional Procurement Office East, Network Contracting Office 4 is seeking to purchase Asbestos, Mold, and Lead Paint Remediation Services at the Philadelphia VAMC, located at 3900 Woodland Ave., Philadelphia, PA 19104. The Statement of Work (SOW) is enclosed.

Service Contract Act Wage Determinations applies to this acquisition and will be incorporated into the resulting contract. A copy of the Wage Determination is included with this solicitation.

This is a new procurement. It does not replace an existing contract. No prior contract information exists.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are enclosed. All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.

The applicable line item/CLIN is enclosed.

The contract period of performance (POP) will begin as described in the Statement of Work.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database IAW FAR 52.212-(k). Registration may be done online at: www.acquisition.gov or www.sam.gov.

A pre-bid site visit will be held Friday, October 1, 2021 at 10:00am. Vendors should meet at the Main Entrance to the Corporal Michael J. Crescenz VAMC, 3900 Woodland Ave., Philadelphia, PA 19104. The point of contact for the site visit is Krystal A. Stankunas, 215-480-1213.

Contractors are advised that any and all questions concerning this solicitation must be sent in writing to the Contracting Office at NCO 04. No questions will be answered after 10/6/2021 at 10:00 AM EST. Questions may be sent via email to Don Caldwell at Don.Caldwell@va.gov.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist. Don Caldwell at Don.Caldwell@va.gov.

Point of Contact Don Caldwell Contract Specialist Service 1 (Physical Plant Support Service) Department of Veterans Affairs/Service Area Office East/Network Contracting Office 4 Phone 412-822-1007

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4 Services 1 1010 Delafield Rd.

Pittsburgh PA 15215-1802

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Asbestos, Lead Paint, and Mold Remediation IAW the SOW

Estimated Period of Performance: 11/1/2021 - 1/29/2022

B.3 DELIVERY SCHEDULE

3900 Woodland Ave Philadelphia, PA 19104

USA

1.00

Statement of Work Asbestos, Lead Paint, and Mold Remediation

1. BACKGROUND

The Department of Veterans Affairs CMCVAMC is required to ensure all areas of the hospital are a safe and healthy working environment. A service contract is necessary to remediate confirmed asbestos, mold, and lead paint in various locations of the hospital.

Asbestos Discovery of asbestos in a pipe chase in the area A15B, A15A, and A15 in the basement of Building 1 occurred during investigation of a leaking pipe. The presence of asbestos was confirmed with subsequent lab testing. Demolition of a section of the wall of the chase will be necessary to determine the extent of remediation required to safely repair the leaking pipe.

Similarly, there is remaining asbestos left over from a previous remediation attempt in the Paint Shop (Room B037), and it runs through a chase that contains a leaking pipe. Demolition of the wall is required to access the asbestos.

There is also confirmed asbestos found in the skim coat on the fittings and joints around some of decommissioned service pipes in the Carpenter’s Cage (Room B-2, A/C Console Room). Since the pipes are no longer in use, they should be cut around the fittings and removed, along with the asbestos material.

Asbestos was also confirmed to be found in the glue dots in the Building 15 basement which needs remediation.

Lead Paint Paint in the basement of Building 15 and the Carpenter’s Cage (B-2) was tested and confirmed to contain low levels of lead. Damaged and peeling areas are to be abated.

Mold Mold was discovered in the insulation behind the walls in rooms B225A and B225B (Building 1, Floor 2) and requires abatement.

2. CONTRACTOR RESPONSIBILITIES

The selected vendor/contractor will provide labor, insurance, personal protective equipment, training, tools, equipment, and material necessary to remediate asbestos, lead-based paint, and mold in the specified areas of the Philadelphia VAMC located at 3900 Woodland Ave, Philadelphia, PA.

The Contractor shall obtain all necessary licenses and/or permits and submit all regulatory notifications required to perform the work.

The Contractor is responsible to identify, provide and maintain all personal protective equipment required to perform the duties outlined in the contract. In addition, the Contractor is responsible for identifying and providing all applicable safety programs (i.e. lockout/tag out, confined space entry, universal precautions, etc.) required performing the work. Training on required safety programs and the proper use of PPE shall be provided and documented by the Contractor. Contractor will be working with a third-party industrial hygienist consultant as provided by the VA.

All travel costs associated with the performance of this contract are the responsibility of the Contractor and are provided at no additional cost to the Government as part of this contract. Travel costs are defined as but are not limited to time and vehicle costs for personnel in travel to and from job site for all duties outlined in this specification, normal shipping charges on any parts or materials covered by this contract, costs associated with the normal shipping of parts or equipment out for repair that are covered under this contract, etc.

It is highly recommended that the contractor attend a pre-bid site visit. It shall be the responsibility of the contractor to visit the site to verify the locations and quantities of each material to be abated.

The contractor shall submit a hazardous chemicals/materials inventory, product data sheets, and safety data of all chemicals to be used.

Contractor to schedule and attend pre-abatement meeting no later than 30 days before work begins to go over plans for the abatement.

Contractor and any subcontractor(s) shall at all times ensure (by coordinating with the COR) that there is a continuous and uninterrupted electrical power supply for each HEPA-filtered local exhaust ventilation (LEV) used to maintain the regulated work area at the negative pressure differential required by the applicable VA abatement specifications or when required to comply with 29 CFR 1926.62 and/or the VA PCRA. The contractor(s)'s micromanometer will have a digital resolution of 0.001 inches of water.

Asbestos:

i. Set-up containment area/decontamination area in accordance with Spec Section 02 82 11

ii. Demolition

i. Surrounding walls of pipe chase in room A15

ii. Back right wall of Paint Shop

iii. Abate Asbestos

i. Room A15: At least 2 vertical pipe risers, estimated to be ¾” x 12’ condensate pipe and 1-1/4” X 12” steam pipe.

ii. Paint Shop: Approximately 24’ of pipe in the paint shop ¾” condensate, and 1 to 1-1/4” steam pipe.

iii. Room B2 (Carpenter’s Cage): Approximately 50’ dead piping, also to be removed

iv. Coordinate with third party consultant (provided by VA) for air samples and monitoring as required.

v. Contractor is responsible for the disposal of all waste and excess materials. Contractor shall not utilize VA waste containers to dispose of their waste and materials.

Lead:

All lead-based paint as identified in the Asbestos and Lead Paint Building Survey by ATC Group Services LLC is to be abated.

i. Strip all damaged and/or peeling paint from all interior surfaces of the basement of Building 15 (2,900 sf) including but not limited to:

a. White paint on concrete ceiling

b. White paint on walls of glazed concrete block

c. Blue-green paint on metal door frames

d. Blue-green paint on metal doors

e. White paint on concrete walls

ii. Strip paint from instances of lead-based paint of the Building 1 Carpenter’s Cage (Room B-2) including but not limited to:

a. Beige paint on concrete columns

b. Beige paint on concrete ceiling

c. Beige paint on concrete walls

iii. Coordinate with third party consultant (provided by VA) for air samples and monitoring as required.

iv. Dispose of lead-contaminated material in accordance with applicable regulations, codes, directives, and guidelines Prohibited practices during LBP (lead-based paint) abatement, removal, remediation and other lead work: Open-flame burning using heat guns at greater than 800 degrees Fahrenheit (F) (generates lead fumes), the use of power tools without high-efficiency particulate air (HEPA) exhaust control, dry sweeping, dry dusting, and blowing lead-contaminated dust with compressed air. In all circumstances, the lowest heat needed to satisfactorily complete the work should be used, as lower temperatures pose lower risks for generating lead fumes.

Mold:

i. Remove and properly dispose of mold and mold affected materials for Rooms B225A and B225B

a. Estimated 100 sf of material to be removed in B225A

b. Estimated 40 sf of material to be removed in B225A

ii. Coordinate with third party consultant (provided by VA) for air samples and monitoring as required.

iii. After mold remediation, clean all surfaces following current industry standards. All surfaces to be wiped with EPA registered disinfectant and coated with a mold inhibitor.

Contractor is responsible for clean-up of the work site and to remove and dispose of all trash and debris from site. The Contractor shall ensure that the areas they perform work are kept clean and free from dirt and debris. Contractor shall clean and vacuum as required to meet these conditions.

All required final clearance inspections, sampling and testing shall be performed by the independent third-party consultant retained by the VA.

It is expected that clearance will be performed on per Phase Basis. If the contractors’ work plan results in additional clearances because of scheduling issues as a result of the contractor’s actions, the contractor will be responsible for payment of the cost for each additional clearance required.

The work of the VPIH/CIH consultant (VA Professional Industrial Hygienist/Certified Industrial Hygienist) in no way relieves the Contractor from their responsibility to perform the work in accordance with contract/specification requirements, to perform continuous inspection, monitoring and testing for the safety of their employees, and to perform other such services as specified. The cost of the VPIH/CIH and their services will be borne by the VA except for any repeat of final inspection and testing that may be required due to unsatisfactory initial results. Any repeated final inspections and/or testing, if required, will be paid for by the Contractor.

All documentation, inspection results and testing results generated by the VPIH/CIH will be available to the Contractor for information and consideration. The Contractor shall cooperate with and support the VPIH/CIH for efficient and smooth performance of their work.

If asbestos, lead-based paint, and/or mold is discovered in significant excess to the estimated amount detailed in this scope during the abatement, the Contractor shall consult with the VAMC regarding how to proceed.

3. SAFETY

Any unsafe conditions encountered during work shall be reported immediately, to the COR or designee, advising the Department of Veterans Affairs of the found condition(s).

If fibers counted by the third party independent CIH during abatement work, either inside or outside the regulated area, utilizing the NIOSH 7400 air monitoring method, exceed the specified respective limits, the Contractor shall stop work. The Contractor may request confirmation of the results by analysis of the samples by TEM. Request must be in writing and submitted to the VA's representative. Cost for the confirmation of results will be borne by the Contractor for both the collection and analysis of samples and for the time delay that may/does result for this confirmation. Confirmation sampling and analysis will be the responsibility of the CIH with review and approval of the VPIH/CIH.

The monitoring and inspection results of the independent CIH will be used by the VA to issue any Stop Removal orders to the Contractor during abatement work and to accept or reject a regulated area or building as decontaminated.

Interim Life Safety Measures (ILSM) Contractor and all subcontractors performing under this contract shall at all times comply with NFPA 101 (Life Safety Code, most current edition) and participate with the VA facility Safety Manager/Officer in the preparation of ILSMs that will be implemented during the project. At a minimum, Contractor and all subcontractors shall at all times fully comply with the following requirements of a Fire Protection Plan (FPP):

i. Ensure that all required exits provide free and unobstructed egress. Contractor and subcontractor(s) shall maintain adequate escape routes for VA patients, employees, visitors and construction workers at all times. Means of egress shall be inspected daily by the Contractor’s Competent Person. If required by Contractor’s operations, establish and mark alternate means of egress. Impaired exits must at all times be prominently marked as such, and include signage directing patients, visitors, staff and Contractor’s employees to designated alternate egress pathways/emergency exits.

ii. Ensure free and unobstructed access to all areas of the project site for emergency services (e.g., no temporary accumulation of equipment or wastes).

iii. Ensure that existing fire alarm, smoke detection, and fire suppression systems are not impaired by Contractor’s or subcontractor’s operations. If fire detection and/or suppression systems must be taken off-line during abatement, removal, remediation or other work, the appropriate Interim Life Safety Measures (ILSMs) to be implemented by the Contractor must be approved in advance in writing by the VA COR and facility Safety Manager/Officer prior to commencement of the project.

iv. Provide written procedures for abatement, removal, remediation or work personnel to use in providing emergency notifications (police/fire/EMS) and post outside the regulated area or work area.

v. Maintain the work area to minimize the potential for fire and safety hazards resulting from energized temporary electrical circuits and equipment, storage of construction materials, hazardous chemicals/materials, wastes, and debris.

vi. All temporary construction partitions shall be built of noncombustible/fire retardant materials with an appropriate fire rating and shall be smoke tight. All fire barriers and smoke barriers must be approved in writing by the VA COR and the facility Safety Manager/Officer prior to commencement of the project.

vii. No Flammable materials in work areas without the written approval of the VA COR and the facility Safety Manager/Officer.

viii. All “hot work” requires a permit from the Safety Office.

ix. Any sprinkler heads or smoke detectors that have been impaired by encapsulant/stabilizer overspray or that were damaged or destroyed during abatement, removal, remediation or other work must be replaced at the Contractor’s expense.

x. Any encapsulant/stabilizer overspray on color coded fire detection system conduit and fire suppression system piping and accompanying labels/placards/data plates must be adequately cleaned by the Contractor or subcontractor before demobilizing.

xi. Enforces storage, housekeeping, and debris-removal practices that reduce the building’s flammable and combustible fire load to the lowest feasible level.

xii. Remove temporary covers on smoke detectors and sprinkler heads at the end of each workday. Coordinate with VA COR and facility Safety Manager/Officer.

Penetrations of Fire and Smoke Barriers Contractor or subcontractor must repair (seal) any resulting penetrations that penetrate a smoke or fire barrier according to accepted practices and utilizing materials (including UL/FM-listed through penetration fire stopping materials) that meets current barrier construction requirements, in order to restore the impaired smoke and/or fire compartments to VA design requirement specifications. All penetrations and miscellaneous openings must be protected according to NFPA 101, Section 8.3.5.

Infection Prevention and Control Material abatement, removal, remediation, stabilization and other work in clinical areas requires the VA to develop a Pre-Construction Infection Control Risk Assessment (PCRA), which may require specific protective and mitigation measures depending on the risk to patients of construction-related infections. All work shall be performed by the Contractor and all subcontractors performing under this contract in accordance with the Construction Specifications for Infection Control provided by each facility. For purposes of any project, the work shall be considered and identified as an ICRA Class I, II, III or IV project and shall be accomplished using the controls indicated on the Infection Control Construction Permit. No work will be allowed to proceed until an Infection Control Construction Permit has been completed and signed by the Infection Prevention and Control Practitioner/Supervisor, Chief Engineer Service/FMS and the Safety Manger/Officer, and all protective measures required by the permit are in place and verified by the VA prior to the start of construction. The Contractor and subcontractor(s) are responsible for maintaining all ICRA mitigation controls throughout the duration of the project.

4. LOCATION

Philadelphia VAMC 3900 Woodland Ave Philadelphia, PA 19104

Building 1, Basement: A15B, A15A, A15, B037, and B-2 (Asbestos and Lead) Building 1, Floor 2: Room B225A and B225B (Mold) Building 15, Basement (Asbestos and Lead)

5. REPORTS

Upon completion of the work, and prior to the project being considered complete, the Contractor will prepare a report and submit it to the VA COR. The report shall be submitted within ten (10) business days following completion of the work, final visual inspection, any final clearance sampling (air and/or surface), and laboratory testing. The Post-Abatement Submittal will provide verification documentation that the project has been completed in accordance with the scope given by the VA COR. The report will contain:

i. A copy of all notifications to or permits received from Federal, State and local agencies for this project.

ii. A copy of the signed waste manifests indicating the place, time, and exact quantity of material received by an approved landfill with applicable Chain of Custody forms.

iii. A description of all problems encountered during the work.

iv. A copy of the log maintained at the job site throughout the work.

v. The name, title, and signature of the person who prepared the report.

vi. The Contractor will certify in writing that the work has been completed in accordance with the job scope given by the VA COR.

vii. The report shall include a certificate of completion, signed and dated by the Certified Professional Industrial Hygienist / Certified Industrial Hygienist, in accordance with Attachment #1 (VA Master Specification 02 82 11: Traditional Asbestos Abatement)

6. IDENTIFICATION

Contractor’s employees must have identifiable information on their uniform, to include their name and company’s logo at a minimum.

7. CONFORMITY TO REGULATIONS

All work shall be accomplished in accordance with federal, state, local, and VA guidelines, directives, codes, and regulations including but not limited to the following:

i. Occupational Safety and Health Administration (OSHA) 29 CFR Part 1926 Occupational Safety and Health Regulations for Construction

ii. 40 CFR Part 260 - Hazardous Waste Management System: General

iii. 40 CFR Part 261 - Identification and Listing of Hazardous Waste

iv. 40 CFR Part 262 - Standards Applicable to Generators of Hazardous Waste.

v. 40 CFR Part 263 - Standards Applicable to Transporters of Hazardous Waste

vi. 40 CFR Part 264 - Standards for Owners and Operations of Hazardous Waste Treatment, Storage, and Disposal Facilities

vii. 40 CFR Part 265 - Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

viii. 40 CFR Part 268 - Land Disposal Restrictions

ix. 49 CFR Part 172 - Hazardous Material Table, Special Provisions, Hazardous Material Communications, Emergency Response Information, and Training Requirements, and Security Plans

x. VHA Directive 7701 Comprehensive Occupational Safety and Health Program

xi. VHA Directive 7702 Industrial Hygiene Exposure Assessment Program

xii. VA Master Specification 02 82 11: Traditional Asbestos Abatement

xiii. VHA Directive 7714 Asbestos Management Program

xiv. Philadelphia Code §6-600 Asbestos Projects

xv. Asbestos Hazard Emergency Response Act (AHERA), and the Asbestos School Hazard Abatement Reauthorization Act (ASHARA)

xvi. 29 CFR 1910.1001 Asbestos, and 29 CFR 1926.1101 Asbestos in Construction

xvii. EPA’s 2008 Lead-Based Paint Renovation, Repair and Painting Program Rule

xviii. VA Directive 7710: Management Of Lead-Based Paint In VHA Housing And Child-Occupied Facilities

xix. VA Master Specification 02 83 33.13 Lead-Based Paint Removal and Disposal

xx. EPA’s 2008 Mold Remediation in Schools and Commercial Buildings

xxi. Toxic Substances Control Act (TSCA) of 1976, Title 15 Chapter 53, Subchapter IV – Lead Exposure Reduction (§§ 2681 – 2692)

xxii. Toxic Substances Control Act (TSCA) of 1976, Title 15, Chapter 53, Subchapter IV, Sections 402(c)(3) and 403 - Lead Dust Hazard Standard

xxiii. Philadelphia Code Chapter 6-900: Mold Inspections

8. SECURITY AND PRIVACY REQUIREMENTS

Contractor may not have access to the VA network or any VA sensitive information under this contract.

9. HOURS OF OPERATION

The normal hours of operation for the facility are 8:00 am to 4:00 pm, Monday through Friday, excluding holidays.

New Year’s Day, Martin Luther King Jr’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day proclaimed by the President are Federal Holidays. When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by US Government agencies.

10. SCHEDULE OF VISITS

Services shall be scheduled to be performed on definite appointed days and in no event shall the Contractor perform services outside regular agreed upon work hours without prior approval from the COR. In the event climate or weather conditions make it unsuitable for services, the entire service date will be re-scheduled to a date and time satisfactory to the Contractor and the COR; postponement will not reflect any penalties assessed to the Contractor or the Government.

11. POINT OF CONTACT

The Contracting Officer shall delegate the COR to monitor the Contractor’s performance.

12. SIGN-IN

Upon arrival at the station, the Contractor shall check in with COR or designee so that the VAMC will be aware of the Contractor’s presence at the facility at all times.

13. SYSTEM FOR AWARD MANAGEMENT (SAM)

Federal Acquisition Regulations require that Federal Contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the Contractor has completed registration. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.

14. PERFORMANCE PERIOD:

The entire scope work of this contract will be completed in 90 calendar days. The Contractor shall schedule pre-abatement meeting with the COR within fifteen (15) calendar days after award.

15. QUALIFICATION OF CONTRACTOR EMPLOYEES

i. The contractor at the contractor’s expense will obtain all necessary permits and licenses for performing asbestos, lead-based paint, and mold abatement.

ii. The contractor is required to have one licensed asbestos abatement supervisor onsite while all asbestos related abatement work is taking place. All other employees must have current asbestos worker licenses.

iii. The contractor must be listed as licensed abatement contractor in the City of Philadelphia

iv. The contractor agrees to utilize responsible, capable, employees in the performance of any task associated with this solicitation. The contractor may be asked to remove persons who pose a threat to health, safety, or security of an installation.

v. Supervision - The Contractor is required to submit certification of completion of OSHA 30 training certificate. The Contractor or their on-site supervisors shall always be available when the contract work is in progress to receive notices, reports, or request from the Contracting Officer or the COR.

vi. Certification. Contractor and subcontractor personnel engaged in the activities specified by this contract shall be also required to possess certificates of training, licenses, and permits as required by the state, county, parish, city, and other local jurisdictions when performing covered by such state, county, parish, city, and other local jurisdictions. Asbestos remediation workers must be licensed to perform asbestos abatement in Philadelphia. Lead-based paint (LBP) remediation workers must be EPA RRP certified and certified by Pennsylvania’s Department of Labor and Industries.

vii. The Contractor shall provide to the COR documentation of the certificates of training, licenses, and permits for all new employees not later than seven (7) days prior to that person beginning work under the terms of this contract. The Contractor shall ensure that all certificates of training, licenses, permits, and bonds are current and valid. All offers must include documentation and proof of the above certifications and qualifications for each employee.

viii. Documentary evidence (see Warning below) that each LBP abatement, removal, remediation, stabilization and other lead worker and supervisor is enrolled in a medical surveillance program meeting the requirements of 29 CFR 1926.62(j) including biological monitoring or workers exposed above the OSHA Action Level (blood lead levels and ZPP levels by an OSHA-approved Blood Lead Analysis Laboratory), and has been medically cleared to wear the class of respirator that will be used on the project as required by 29 CFR 1910.134(e); e.g., half-face or full-facepiece air purifying respirator, powered, air- purifying respirator (PAPR), and/or supplied-air (“airline”) respirator (SAR).

16. MEDICAL CERTIFICATION

i. The contractor(s) is responsible for ensuring that all personnel participating in work under this contract are in full compliance with medical surveillance provisions of 29 CFR 1920.1001 and respirator provisions of 29 CFR 1920.134.

ii. Contractor shall provide written evidence and documentation upon request that all of its field employees who will be potentially exposed to asbestos during this project are:

a. Enrolled in a medical surveillance program for asbestos disease which meets current OSHA requirements outlined in 29 CFR 1926.58

b. Have been medically cleared within the past 12 calendar months to wear a negative pressure, air-purifying respirator

c. Have been fit-tested within the past 12 calendar months in the same make and model of negative pressure, air-purifying respirator as may be utilized during this project.

iii. Contractor will ensure all respirators used are during this project are adequate for use for the task they are completing as per OSHA, the state of Pennsylvania, and the City of Philadelphia.

iv. Contractor shall submit its written RPP covering all classes of NIOSH-approved respirators that Contractor’s personnel will use on projects, and the name, credentials, qualifications and professional experience of the RPP Coordinator.

v. Contractor will include documentation of all the above in the final report deliverables to the CMCVAMC and upon request.

WARNING! DO NOT SUBMIT SOCIAL SECURITY NUMBERS OR PROTECTED HEALTH INFORMATION (PHI) – including but not limited to pulmonary function test data and clinical notes from the evaluating medical provider, AS THIS REPRESENTS A VIOLATION OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT of 1996 (HIPPA) regulations.

WARNING! HIPPA regulations provide for both civil and criminal penalties (including imprisonment) for unauthorized disclosures of PHI. Medical approval for respirator use only needs to state: Approved for unrestricted respirator use, approved for restricted respirator use (and stating restrictions), or disapproved for respirator use, and the signature of the physician or other licensed healthcare professional (PLHCP) making the medical determination)

36C24421Q1213

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) (End of Addendum to 52.212-4)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.