36C24422Q0426.docx

36C24422Q0206

GENERAL INFORMATION

Network Contracting Office 4

1010 Delafield Rd Pittsburgh, PA 15215

POINT OF CONTACT*

Nicholas Guzenski Contract Specialist nicholas.guzenski@va.gov 570-824-3521 x24886

PLACE OF PERFORMANCE

1010 Delafield Rd

Pittsburgh PA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

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 36C24422Q0426.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-01 effective December 6, 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 www.acquisition.gov.

This Solicitation is 100% set-aside for Small Business. The NAICS Code is 562910 – Remediation Services and the business size standard is $22 million.

The Contracting Office is seeking to purchase services for environmental abatement services at the Pittsburgh Healthcare System. The Statement of Work (SOW) is included.

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

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 52.212-1(k). Registration may be done online at: https://beta.sam.gov Contractors are advised that all questions concerning this solicitation shall be sent in writing to the Contracting Office at Network Contracting Office 4 (NCO). No questions will be answered after February 23, 2021 at 10:00 AM EST. Questions shall be sent via email to Nicholas Guzenski at nicholas.guzenski@va.gov.

All quotes shall be submitted electronically to Nicholas Guzenski at Nicholas.guzenski@va.gov by the defined closing date and time of the solicitation.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

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 36C24422Q0426.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-01 effective December 6, 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 www.acquisition.gov.

This Solicitation is 100% set-aside for Small Business. The NAICS Code is 562910 – Remediation Services and the business size standard is $22 million.

The Contracting Office is seeking to purchase services for environmental abatement services at the Pittsburgh Healthcare System. The Statement of Work (SOW) is included.

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

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. The anticipated contract type is Indefinite Delivery Indefinite Quantity.

NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database IAW FAR 52.212-1(k). Registration may be done online at: https://beta.sam.gov Contractors are advised that all questions concerning this solicitation shall be sent in writing to the Contracting Office at Network Contracting Office 4 (NCO). No questions will be answered after February 23, 2021 at 10:00 AM EST. Questions shall be sent via email to Nicholas Guzenski at nicholas.guzenski@va.gov.

All quotes shall be submitted electronically to Nicholas Guzenski at Nicholas.guzenski@va.gov by the defined closing date and time of the solicitation.

Page 1 of Table of Contents

A.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 1010 Delafield Rd

Pittsburgh PA 15215

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:

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Asbestos Tile Abatement IAW the SOW

Asbestos Mastic Abatement IAW the SOW

Asbestos Cove Base Abatement IAW the SOW

Asbestos Cove Base Mastic Abatement IAW the SOW

Asbestos Pipe, less than or equal to 5" diameter, Abatement IAW the SOW

Asbestos Pipe, greater than 5" diameter, Abatement IAW the SOW

Asbestos Elbow or Fitting, less than or equal to 5" diameter, Abatement IAW the SOW

Asbestos Elbow or Fitting, greater than 5" diameter, Abatement IAW the SOW

Asbestos Fire Proofing Penetration Abatement IAW the SOW

Lead Paint Abatement IAW the SOW

Lead Sheet Abatement IAW the SOW

Lead Pipe Abatement IAW the SOW

Mold Abatement IAW the SOW

Project Manager/Inspector IAW the SOW

Supervisor IAW the SOW

Laborer IAW the SOW

Administrative IAW the SOW

ICRA - 20'L x 12'H - Plastic IAW the SOW

ICRA - 20'L x 12'H - Hard Walls IAW the SOW

Dumpster 30 CYD

Dumpster 10 CYD

Permit Fees

Site Mobilization

A.3 DELIVERY SCHEDULE

1010 Delafield Rd Pittsburgh, PA 15215

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STATEMENT OF WORK

FOR

ENVIRONMENTAL ABATEMENT SERVICES

AT

VETERANS AFFAIRS PITTSBURGH HEALTHCARE SYSTEM

1. Summary of the Work The Contractor shall provide all labor and materials including tools and apparatus, equipment, supervision, certifications, licenses, permits, regulatory notifications, transportation, and disposal necessary to perform asbestos, mold and/or lead abatement work at the Veterans Affairs Pittsburgh Healthcare System (VAPHS). All work shall be performed by state-licensed abatement contractors using EPA-accredited, state-certified, or state-licensed workers and supervisors. Contractor and employee training and certifications shall be commensurate work performed and with requirements for licensing. All asbestos disposal facilities performing under this contract shall at all times possess the applicable Federal, State and Local regulatory approvals, and each lead and asbestos disposal facility shall be approved in advance in writing by the Contracting Officer Representative prior to Task Order award.

The Contractor shall perform the necessary planning, documentation, permitting, removal, monitoring, inspection, testing, disposal, and other support services to ensure that VA patients, employees, and visitors will not be adversely affected by asbestos, mold and/or lead abatement work. The Contractor will assure the abatement work proceeds in accordance with specifications as contained within the contract and verify the abated areas or abated buildings have been successfully decontaminated.

The Contractor shall advise the VA of all Federal, State, and Local regulatory or guidance revisions that take place during the contract. The Contractor shall have responsibility to perform the work in accordance the most current requirements along with the contract/specification requirements, to perform continuous inspection, monitoring and testing for the safety of employees, and to perform other such services as specified. Any conflicts shall be addressed in writing to the COR.

There will be Industrial Hygiene Quality Assurance oversight (third-party) as the Government’s independent VA Professional Certified Industrial Hygienist (VAPCIH). This will be a separate requirement and contract action. The VA and/or the VAPCIH will evaluate the general Contractor’s project plan and work orders for the remediation. This Certified Professional Industrial Hygienist (CPCIH) or their qualified personnel under the direction of the CPCIH shall continuously inspect and monitor conditions inside and outside the regulated area to ensure compliance with these specifications. In addition, the CPCIH or their qualified personnel under the direction of the CPCIH shall personally manage air sample collection, analysis, and evaluation for personnel, regulated area, and adjacent area samples to satisfy EPA and OSHA requirements. These services will be separate from the abatement services and will be procured as a stand-alone contract action.

The contractor is required to comply with any OSHA or Federal regulation for monitoring requirements for abatement contractors.

Services to be performed at the following locations:

University Drive Facility University Drive C Pittsburgh PA 15240

H.J. Heinz Facility 1010 Delafield Road Pittsburgh PA 15215

2. General Requirements

1. The work shall include asbestos, mold, and lead abatement services for health care, administrative, laboratory, research, support buildings and structures.

2. The contractor shall ensure that asbestos, mold, and lead abatement projects comply with VA specifications (TIL) and all applicable local, state, and federal regulations. Including, but not limited to the US EPA Asbestos Hazard Emergency Response Act (AHERA) 40 CFR 763 Subpart E, Allegheny County, PA DEP, Asbestos NESHAP Regulation Rule 370, OSHA CFR 1926.1101 Construction Standard for Asbestos. US EPA 40 CFR 745 Subpart L Lead Based Paint Activities, and OSHA CFR 1926.62 Lead in Construction.

3. The contractor, when required by the Task Order, shall move, and return to the original position following abatement furniture, furnishings, storage racks, file cabinets, desks, chairs, wall decor, and other applicable items as identified at the discretion of the COR.

4. Following completion of abatement and the Contractor is responsible for cleaning equipment staging areas and removing all equipment and asbestos wastes generated by the asbestos abatement off station within 5 days of completion.

5. Any contractor personnel who knowingly and willfully disregards any applicable Federal, State and/or local occupational safety and health (OSH), environmental protection and/or public health statute or its implementing regulations; VA OSH, environmental (GEMS) and/or information security requirement; is subject to immediate removal from the job site and medical center by the VA Police. The contractor personnel who committed the violative act(s) or created/knowingly allowed the violative conditions will not be allowed to return to continue performing on the project.

6. Any contractor personnel who knowingly and willfully commits any criminal offense (e.g., introduction of “dangerous weapons” as defined by 18 U.S.C. § 930) or contraband to VA property, traffic, and parking infractions) is subject to citation and/or arrest by the VA Police and prosecution in Federal District Court.

7. Any contractor personnel who knowingly and willfully commits any criminal offense (e.g., introduction of “dangerous weapons” as defined by 18 U.S.C. § 930) or contraband to VA property, traffic, and parking infractions) is subject to citation and/or arrest by the VA Police and prosecution in Federal District Court.

8. All waste manifests will be submitted to the COR within 30 days after completion of the abatement in pdf format.

3. Contractor Certifications Contractor shall certify, in writing after award, that:

1. Solvents (e.g., mastic removers) or products containing solvents (e.g., encapsulants) designated by the U.S. EPA as Class I ozone depleting substances, such as but not limited to, carbon tetrachloride and methyl chloroform (1,1,1-trichloroethane); or other chlorinated hydrocarbon solvent degreasers such as, but not limited to, dichloromethane (methylene chloride), chloroform, trichloroethylene and tetrachloroethylene (perchloroethylene), are not to be used for any task order issued under this contract.

2. Solvents or products containing solvents will not become a Federal or State-EPA regulated hazardous wastes when spent (e.g., no solvents that will generate “D-listed” or “F-listed” wastes).

3. Encapsulants do not contain any of the 8 RCRA metals – Arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver in sufficient concentration to require disposal as RCRA hazardous waste when removed and disposed.

4. Asbestos: Replacement materials (e.g., insulation) shall not contain asbestos in any amount as defined by the U.S. EPA and OSHA. For purposes of this contract, vermiculite insulation is presumptively ACM, and shall not be used in any replacement product.

5. Silica: Materials shall not contain free crystalline silica.

6. High acute toxicity. Materials shall not contain any ingredient in a concentration of 1.0 percent or greater that meets the GHS toxicity Category 1, 2 or 3.

7. Human Carcinogens: Materials shall not contain any ingredient in a concentration of 0.1 percent or greater that is a GHS Category 1A or 1B human carcinogen or is listed by the American Conference of Governmental Industrial Hygienists (ACGIH) as a Category A1-Confirmed human carcinogen or Category A2 - Suspected human carcinogen.

8. Mutagens. Material shall not contain any ingredient greater than 0.1% that is a GHS Category 1A or 1B mutagen, or greater than 1.0% of a Category 2 mutagen.

9. Allergens/sensitizers – Materials shall not contain any ingredient in a concentration greater than one percent (1%) that is an allergen, respiratory and/or skin sensitizer.

10. Flammables and corrosives. Materials shall not be flammable or meet the GHS definition of a Category 1, 2 or 3 corrosive.

4. VA Asbestos Abatement to be Coordinated with the COR

1. Within 5 days of task order issuance, an independent, third party AHERA Asbestos Building Inspector shall sample all suspect materials as required by the Asbestos NESHAP regulations at 40 CFR Part 61, Subpart M.

2. The VA shall provide the Contractor with a statement of work (SOW) for each task order. The Contractor will participate in a site visit to review the SOW and site conditions within 5 days of task order issuance.

3. The Contractor shall develop and submit process plans for approval to the COR describing the process abatement, testing, and disposal within 15 days of task order issuance.

4. For purposes of this contract, vermiculite insulation is presumptively ACM, consistent with EPA guidance.

5. Under no circumstances shall asbestos abatement contractor personnel sample any suspect material or submit a suspect material to an environmental testing lab for asbestos analysis on behalf of the VA.

6. HEPA (High Efficiency Particulate Air) filter vacuum system rated at 95% capture of 0.3 microns is required. Negative air pressure will be required where heavy dust is expected.

7. The contractor and all plans shall comply with:

a. VHA Directive 7714

b. 010110 Medical Center Requirements

1. The plans and specifications for all asbestos abatement projects shall be developed using the latest asbestos, mold, and lead abatement specifications from the Office of Construction and Facilities Management (CFM) Technical Information Library (TIL) available at: http://www.cfm.va.gov/til/. The primary specifications provided in the solicitation and contract are:

a. 013526 Safety Requirements

b. 015719 Temporary Environmental Controls

c. 017419 Construction Waste Management

d. 02 82 11 Traditional Asbestos Abatement

e. 02 82 13.13 Glovebag Asbestos Abatement

f. 02 82 13.19 Asbestos Floor Tile and Mastic Abatement

g. 02 83 33 13 Lead Based Paint Removal and Disposal

These specifications are incorporated herein by reference as if set forth in full. If there are any conflicting provisions between this SOW, references, and the specifications, the most stringent requirements shall apply.

2. Reference Specifications & Codes: All work shall be done in compliance with all current applicable codes, specifications, and requirements including, but not limited to, the following:

OSHA regulations at Title 29, Code of Federal Regulations (CFR), Part 1910 and 1926.

a. U.S. EPA regulations at 40 CFR

b. NFPA Life Safety Code (NFPA 101), latest edition

c. NFPA National Fire Alarm Code (NFPA 72), latest edition

d. NEC National Electrical Code (NFPA 70), latest edition

e. NFPA 70E: Standard for Electrical Safety in the Workplace, latest edition

f. International Building Code, latest edition

g. National Standard Plumbing Code, latest edition

h. All applicable Department of Veterans Affairs (VA) master design specifications and master construction specifications (accessible at http://www.cfm.va.gov/TIL/)

3. ASBESTOS ABATEMENT - Department of Veterans Affairs Design Manual Index Office of Construction & Facilities Management, Facilities Standards Service May 6, 2014

a. Asbestos Abatement Specifications

b. Asbestos Abatement Design Manual

c. VA Asbestos Directives and Handbook

4. MOLD REMEDIATION - Refer to http://www.epa.gov/mold/pdfs/moldremediation.pdf for guidance and requirements.

5. LEAD EXPOSURE IN CONSTRUCTION - Reference Application and Instructions for Individuals Applying for Certification to Conduct Lead-Based Paint Activities; Office of Chemical Safety and Pollution Prevention EPA 747-B-99-002 https://www.epa.gov/lead

6. Comply with OSHA regulation 1926.62. Protect employees and building occupants where they may be exposed to lead. If lead is expected contact the VA in writing upon finding suspect material.

5. Abatement Project Coordination The COR will coordinate pre-abatement meeting with Contractor including Contractor’s Competent Person and VPIH/CIH, provide reasonable notice to occupants impacted by environmental abatement activities including those adjacent to regulated areas of project dates and requirements for relocation (if needed), coordinate any background air samples and final clearance air sampling with the VPIH/CIH, and ensure that any patients, staff or visitors who are sensitive to epoxy- or urethane-based encapsulants are provided reasonable notice, and the Safety Manager/Officer will determine re-entry times in consultation with Occupational Health.

6. Compliance Program

1. Where exposure levels are below 30 micrograms per cubic meter of lead, calculated as an 8-hr time weighted average, no special precautions are required.

2. Where exposure levels are between 30 micrograms and 50 micrograms per cubic meter of lead, calculated as an 8-hr time-weighted average, the contractor shall be required to monitor the exposure level at regular intervals; provide safety training and education; require use of respirators; and conduct blood lead monitoring for contractor employees.

3. If the employee exposure, without regard to respirators, is at or above the permissible exposure limit (PEL), the contractor shall be required to activate lead abatement plan to reduce and maintain employee exposure to lead, at or below PEL. See VA Master Specification Section 02.83.33.13, Lead-Paint Removal.

4. 0.1 fibers/cc of asbestos for 8-hour TWA level and 1.0 fibers/cc for 30-minute excursion limit of exposure established as the highest level of exposure an employee may be exposed to without incurring the risk of adverse health effects.

5. Local and State regulations shall govern the transportation and disposal of demolition debris containing asbestos and lead.

6. All asbestos removal contractors shall obtain an Allegheny Country Asbestos Abatement Permit, where applicable. In addition, copies of all permits shall be provided within 10 days of task order issuance. Signed Manifests shall be required within 30 days of job completion.

7. Final Clearance Testing

1. All final clearance testing shall be performed by an independent third-party Professional Industrial Hygienist/Certified Industrial Hygienist retained by the VA (PIH/CIH) as defined in Master Construction Specification 02 82 11 Traditional Asbestos Abatement specifications referenced in Section 4.7 above. In no case shall the independent clearance testing professional be retained by the asbestos abatement contractor performing under this contract.

2. The final report shall be submitted to the assigned COR and Contracting Officer within 30 days of physical completion.

3. Invoices will be paid upon completion of the abatement. Completion of abatement occurs when the areas pass clearance testing of 0.01 F/cc, receipt by the government of the waste manifest signifying proper disposal of the materials and receipt of the final report. All waste manifests will be received within 30 days after completion of each job.

8. Qualifications The Contractor for asbestos abatement and lead abatement projects shall be licensed by the Commonwealth of Pennsylvania and/or the Allegheny County Health Department. All current requirements for qualifications must be met. Within 15 days of contract award the contractor shall, at a minimum, submit evidence of the following credentials as required by the asbestos and lead abatement oversight activities for which they will be responsible; PA Asbestos Contractor License, Allegheny Health Department Asbestos Abatement Contractor License, Individual AHERA Contractor/Supervisor, AHERA Inspector or Inspector/Management Planner, Asbestos Worker.

Individual employee training and certifications or licensing shall be commensurate with requirements for job description. There must be a responsible supervisor on site at all times employees are present or work is being done. The supervisor must have a current 30-hour OSHA certification. An abatement Supervisor/Contractor Course must also be presented for this person in the qualifications package. All certifications shall be provided within 15 days of contract award.

A statement certifying that all individuals performing work under this contract will meet the required qualifications shall be submitted. In addition, records of proper fit testing with workplace clearances shall be submitted. All current certificates of worker’s acknowledgement along with training records shall be submitted. All documents shall be submitted within 15 days of contract award. The Contractor will be required to also submit information on the Safety Program for the Contract which may be incorporated into each project plan for each Task Order with specific details as required for the project. A Waste Transportation Safety Program and Commonwealth of Pennsylvania Certificate shall be submitted and kept with the transport at all times. Evidence of knowledge of manifest requirements shall be submitted with the technical submission.

9. Task Order

The Contract will be a Single Award Indefinite Delivery/Indefinite Quantity (IDIQ) Contract with fixed price task orders to provide the services required. The IDIQ will be established for a five-year period. As requirements develop, Requests for Pricing (RFP) for Task Orders will be issued. A mandatory site visit to review the scope of work and site conditions is required prior to providing all task order quotes. Task orders will vary in size from $1,500 to $15,000 and will be issued by the individual task orders awarded and administered by duly appointed Contracting Officers. Total dollar amount of the task orders any one-year period is not to exceed $60,000. A minimum total contract order guarantee of $1,000 is set for this contract. The total value of task orders is expected to be like VAPHS’s recent history which resulted in 4 task orders with an approximate total value of $300,000 in a 60-month period and is the estimates total contract maximum for this requirement.

The specific tasks of each project shall vary from one project to the next and will be estimated based on the line-item cost as submitted by the selected contractor and approved by the VA Contracting Officer. The Contractor will be required to provide a line-item breakdown proposal for each individual task order in support of each project per the established rates of the Indefinite Delivery Indefinite Quantity (IDIQ) Contract. Task orders will consist of the scope of the work identified in the Statement of Work.

Price shall be determined by submitted rates for line-item tasks as submitted to the VA Contracting Officer as basis of award. This order system will use the MS Excel format. Each task order shall use this line-item schedule and the quantities to be completed for the project as the basis for the task order.

Estimated Total Period of Performance is February 15, 2022 to February 14, 2027.

Task Order Process Steps and Timeline

The process for creating a task order is:

a. The VA will provide the task order scope of work to the Contractor.

b. The Contractor will participate in a site visit accompanied by the COR to determine the complexity of the work and the site conditions.

c. The Contractor shall provide a detailed quote to the CO and COR for review.

d. The CO and COR will evaluate the quote to determine whether it shows a clear understanding of the scope and that it is fair and reasonable. Negotiation may be required.

e. The CO will create and issue the task order to the Contractor.

If the task order is not an emergency, the site visit is expected to take place within 24 hours of notification and the abatement work is expected to commerce 48 hours after the site visit.

If the task order is an emergency, work is expected to commence within 24 hours of notification. A burst pipe could constitute an emergency request. Three (3) to six (6) emergency requests should be expected each year.

10. Information Security and Privacy

A compliant ID badge must be worn by Contractors at all times while on VA premises. Upon arrival at the VA, the Contractor shall report to the police offices where their driver’s license will be exchanged for a VA provided badge. At the end of each day, the VA badge will be returned to the Contractor and the personal ID will be returned.

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

All Contractors must receive Privacy training annually using one of the following methods:

1. Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS system (https://www.tms.va.gov/). Contractors may use the TMS Managed Self Enrollment method to complete the training in TMS. The COR must ensure that all contractors are validated in the PIH domain.

2. Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information”. Signed training documents must be submitted to the COR.

Training must be completed prior to the performance of the contract and annually thereafter. Proof of training completion must be verified and tracked by the COR.

11. Additional Information

VHA Supplemental Contract Requirements for Combatting COVID-19

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

a. Documentation requirements:

1) If fully vaccinated, contractors 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, contractors 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 that includes an affiliated telehealth service.

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.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 60 Months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $60,000.00;

(2) Any order for a combination of items in excess of $60,000; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 months from Date of Award.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.5 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.

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

[X] 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.

[X] 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)

C.6 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.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.8 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)

(End of Addendum to 52.212-4)

C.9 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:

[X] (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…