36C24518R0046-003.docx

36C24518R0046

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (

Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by

_1400 ET__

hour ) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b An offer guarantee is is not required.

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

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

36C24518R0046 X 02-28-2018 None Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101B, Room 10 Perry Point MD 21902 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O Box 1000, Bldg. 101B.

Room 10 Perry Point MD 21903 Marvin Nunez

410-642-2411 EXT 5671

THIS SOLICITATION IS 100% SET-ASIDE FOR SERVICE DISABLED VETERAN OWNED SMALL BUSSINESSES (SDVOSB

)IAW

38 U.S.C.8127.

A. Project Title: Construction Services Indefinite Delivery-Indefinite Quantity (IDIQ), Multiple Award Task Order Contract (MATOC) II for maintenance, repair and construction services for locations within Veterans Integrated Service Network (VISN)/Network Contracting Office (NCO) 5 area of responsibility.

B.

The Government anticipates award of 4-8 contracts to SDVOSB concerns for each geographic area, geographic areas defined as: Maryland, Western West Virginia, Washington D.C. and Central/Eastern West Virginia.

C. Persons intending on offering a proposal are highly encouraged to attend the site visit(s). See 52.236-27 ALT I for location(s) and date(s).

D. This acquisition features seed projects for each of the geographic areas defined in paragraph B (above) IAW VAAR 836.204, the Magnitude of Construction for the Seed Projects are Maryland Geographic Area: Between $250,000.00 and $500,000.00 Western West Virginia Geographic Area: Between $500,000.00 and $1,000,000.00 Washington D.C Geographic Area: Between $250,000.00 and $500,000.00 Central/Eastern West Virginia Geographic Area: Between $100,000.00 and $250,000.00 E. NAICS Code for this acquisition is No. 236220; Small Business (SB) size standard is $36.5M.

F. Project performance period is scheduled for a Base Year plus four (4) one-year Option Periods G. Notice to Offeror(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

H. Companies intending to submit a proposal must ensure they have a current SAM Registration and are registered in VETBIZ.GOV at (https://www.vip.vetbiz.gov/).

Validation in VETBIZ is MANDATORY and will be considered non-responsive if not CVE Verified at time proposals are submitted and due.

I. Solicitation and all information, notices, amendments for this solicitation will be posted at http://www.fbo.gov/ and can also be viewed at the VA Vendor Portal https://www.vendorportal.ecms.va.gov/eVP.

J. In accordance with FAR 52.229-3 paragraph (b

1) “the contract price includes all applicable Federal, State, and local taxes and duties”; this shall be the responsibility of the offeror to submit a proposal inclusive of the aforementioned . Please ensure your proposal is inclusive of all taxes required.

Per Order Per Order X X

FAR 52.211-10

X 4-03-2018 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

X d Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101B, Room 10 Perry Point MD 21902 Department of Veterans Affairs All invoices shall be submitted through the Electronic Payment System via website http://www.fsc.va.gov/einvoice.asp

Table of Contents

PART I – THE SCHEDULE……..…………………………………………………………………………….1

SECTION A-SOLICITATION/CONTRACT FORM………………………………………………………..1

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS………………5

REPRESENTATIONS AND CERTIFICATIONS……………………………………………………………..11

GENERAL CONDITIONS……………………………………………………………………………………..15

3.45 VAAR 852.246-75 WARRANTY FOR CONSTRUCTION--GUARANTEE PERIOD SERVICES (JAN 2008)…………………………………………………………………………….71

PART II INSTRUCTION TO OFFERORS………………………………………………………….73

PART III EVALUATION CRITERIA……………………………………………………………….85

ATTACHMENTS:…………………………………………………………………………………….93

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of Indefinite Delivery Indefinite Quantity Multiple Award Task Order Contract (MATOC) resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is VAMHS (Perry Point, Baltimore, Loch Raven) Medical Centers All West Virgina Medical Centers Washington DC VA Medical Center (End of Provision)

2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101B, Room 10 Perry Point MD 21902 Mailing Address:

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101B, Room 10 Perry Point MD 21902

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for—

(c) Participants will meet at— Thursday, March 09, 2018 at 10:00AM for VA Maryland (geographic area)- Perry Point VA Medical Center Perry Point, MD 21902 Building 101B Parking Lot Thursday, March 08, 2018 at 10:00AM for VA Western West Virginia (geographic area)- Huntington VA Medical Center 1540 Spring Valley Drive Bldg. 8, Steven D. Elrod Conference Room (Rm #8200) Huntington, WV 25704 Thursday, March 08, 2017 at 9:30 for VA Washington, D.C. (geographic area) – Washington DC VA Medical Center 50 Irving St. NW.

Washington, DC 20422 FMS Conference Room –BH132 Monday, March 12, 2018 at 1:00PM for VA Central / Eastern West Virginia (geographic area)- Martinsburg WV VA Medical Center 510 Butler Avenue Martinsburg, WV 25405 Building 308B Conference Room

(End of Provision)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provision)

2.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)

The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the OCCUPATIONAL AND HEALTH ADMINISTRATION and NATIONAL FIRE PROTECTION ASSOCIATION as to UNDERWRITERS' LABORAYORIES INC. The successful bidder or offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement. This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. Proof may also be furnished in the form of a certificate from one of the above listed organizations certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(End of Provision)

2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)

(a) Any protest filed by an interested party shall:

(1) Include the name, address, fax number, and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester's representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

2.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

GENERAL CONDITIONS

SPECIAL CONTRACT REQUIREMENTS

1. CONTRACT ADMINISTRATION

1.1 The office having administrative jurisdiction over the MATOC and subsequently issued task orders shall be:

Network Contracting Office 5 (NCO 5) Boiler House Road Bldg 101B Rm 10 Perry Point, MD 21902

1.2 Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the MATOC and subsequently issued task orders. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of the MATOC or subsequently issued task orders, the contractor is hereby directed not to proceed with the change and immediately notify the Contracting Officer.

1.3 No deviations, or waivers to the MATOC or subsequently issued task orders shall be effected without a modification executed by a Contracting Officer, authorizing such changes, deviations, or waivers.

1.4 Each MATOC will be assigned an individual contract number. Enumeration of task orders (TO), hereafter referred to as an “order”, “task order” or “orders”, will consist of a sequential numbering system comprised of the MATOC contract number and the corresponding task order number.

1.5 For accounting and appropriation data purposes, each task order shall be individually funded.

1.6 All correspondence and data submitted by contractors under the MATOC must reference the contract number, task order number, project title, and project number (if applicable).

1.7 Invoicing and request for payments must be made via properly prepared invoices bearing the contract number, and corresponding purchase order will be submitted via the Electronic Payment System via website: http://fsc.va.gov/einvoice.asp.

2. ORDERING PROCEDURES

2.1 A Task Order Request for Proposal (TORFP), hereafter referred to as an “RFP” or “RFPs”, shall be issued to MATOC contractors when construction requirements arise.

2.2 Contractors shall be provided a Statement of Work (SOW), plans and specifications, pertinent supplemental specifications, construction drawings, and any other requirements (e.g. proposal requirements, price schedule, etc.) needed for adequate proposal submission. The Government may provide these items as electronic media, such as web postings, e-mail or CD ROM at its option. All further reproduction of the SOW, specifications, and drawings shall be solely at the Contractor's expense.

2.3 Contractors shall be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, taxes (local, state and federal) and all other associated costs necessary to fulfill the requirement specified in each order RFP. Proposals shall include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, bonding, taxes and any costs associated for completion of the construction project.

3. TASK ORDER ISSUANCE

3.1 Task orders shall be issued using the Standard Form (SF) 1442, or other authorized VA forms as appropriate. Orders may be issued electronically via e-mail, regular mail, telephone, facsimile, or other authorized electronic means.

3.2 All orders issued from the MATOC basic contract shall be Firm-Fixed-Price (FFP), individually funded, and have a period of performance.

3.3 The government shall reserve the right to issue orders non-competitively for projects involving exigent or extraordinary circumstances that threaten patient safety, or which may be necessary to mitigate damage to VA facilities or other real property. Orders may also be issued non-competitively in order to satisfy the minimum guarantee.

4. MINIMUM GUARANTEE

4.1 The MINIMUM guarantee for each recipient of a MATOC award shall be $2,000.00 for the life of the contract and shall be inclusive of all option periods. The minimum guarantee shall be obligated via a task order at the time of the IDIQ contract award using project funds.

4.2 A minimum guarantee shall be considered satisfied upon notification of a Task Order award processed in the amount of $2,000.00 or more.

4.3 Task orders may be issued non-competitively when it is necessary to place an order to satisfy the minimum guarantee.

5. TASK ORDER COMPETITION

5.1 MATOC contractors shall be provided fair opportunity to compete for task orders unless the following FAR 16.505(b)(2) exceptions apply:

(1) The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;

(2) Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

(3) The task order should be issued on a sole-source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

(4) It is necessary to place an order to satisfy a minimum guarantee.

5.2 If the Contractor believes it was not fairly considered for a particular order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation of the Contracting Officer’s decision to the corresponding Ombudsman for the agency, or region. The Ombudsman will review the Contractor’s complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for a task order.

6. TASK ORDER EVALUATION METHOD AND PROCEDURES

6.1 Each individual task order RFP will describe the evaluation criteria to be utilized for evaluation of proposals.

6.2 In making a decision on the award of an individual order, a CO may consider factors such as past performance on previously awarded orders under the MATOC, and take into consideration, quality and timeliness of work performed, and/or other factors that may be relevant to the award of a particular order.

6.3 If a MATOC II contractor is unable or does not desire to propose on any particular task order, they shall notify the Contracting Officer in writing of this decision. Failure to provide a proposal will not be counted against the contractor during past performance reviews so long as the contractor provides a written notification by the date and time specified for receipt of proposals. If the contractor fails to provide a written notification by the date and time specified for receipt of proposals, the contractor’s failure to respond will be considered during past performance evaluations and may result in option periods not being exercised by the Government.

7. TASK ORDER AWARD DECISION

7.1 To the maximum extent practicable, award of task orders shall be made without discussions in accordance with the evaluation criteria for the individual task order.

7.2 Contracting Officers reserve the right to limit the number of proposals received in response to an order RFP to the greatest number that will permit an efficient competition among the most highly-rated proposals.

8. PROPOSAL CONTENTS AND PREPARATION COSTS

8.1 Proposal contents shall be stated within the specific task order RFP.

8.2 Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the contractor. Contractors will not be reimbursed for attendance during negotiations, site visits, walk-through or any other TO pre-award activities.

9. INDEMNIFICATION

Contractors shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of person's, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees

10. PROTESTS

10.1 In accordance with FAR 16.505(a)(10), NO protest shall be authorized in connection with the issuance or proposed issuance of an order under task-order Contract, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

10.2 FAR 33.1 defines a “Protest” as written objection by an interested party to any of the following:

(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

(2) The cancellation of the solicitation or other request.

(3) An award or proposed award of the contract.

(4) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

11. OPTION FOR INCREASED QUANTITY ON TASK ORDERS

11.1 The Government may elect to make certain tasks option items. In this case, the Government may increase the quantity of work awarded on individual orders by unilaterally exercising option item(s) within the period specified in the order.

11.2 In the event the option is not exercised within the time period specified in the order, the parties may agree via a bi-lateral agreement to the option(s) provided that the exercising of said option(s) will not increase the contract performance period.

11.3 Any option herein shall be considered to have been exercised at the time the Government deposits written notification to the Contractor in the mail, provides by facsimile, or electronic mail.

12. TASK ORDER PERFORMANCE PERIOD

12.1 Task Order Period of Performance (POP) shall be determined at the individual task order level.

12.2 Contracting Officers reserve the right to negotiate for accelerated performance periods at the individual task order level.

13. PROPOSED KEY PERSONNEL AND SUBCONTRACTORS

The Contractor shall obtain the Contracting Officer's written consent before making any substitutions of proposed key personnel, replacement key personnel, and sub-contractors. Sub-contractors shall be identified to the Contracting Officer through a completed a SF1413-Statement and Acknowledgement in accordance with FAR Clause 52.222-11-Subcontracts (Labor Standards).

14. GENERAL WAGE DECISIONS

14.1 Applicable Davis-Bacon wage rates will be identified for all Task Orders (excluding 100% demolition projects) issued under a MATOC, and shall be current at the time of task order award.

14.2 Service Contract Act wage determinations will be issued for Task Orders for 100% demolition projects only.

14.3 Contractors are hereby given notice, and bear the sole responsibility of utilizing the most current Wage Determinations when submitting proposals for evaluation. Up-to-date Wage Determinations may be found online at http://www.wdol.gov.

15. EVALUATION OF CONTRACTOR PERFORMANCE

15.1 Contractor performance shall be evaluated upon completion of each Task Order.

15.2 Interim evaluations may be prepared at any time during contract performance when it is determined to be in the best interest of the Government.

15.3 Evaluations maybe processed through the CPARS (Contractor Performance Assessment Reporting System), Past Performance Information Retrieval System [PPIRS], and/or Federal Awardee Performance and Integrity Information System [FAPIIS]).

15.4 Contractors are required to designate a point of contact (POC) to receive notification of performance evaluations for the MATOC and subsequent task orders. The POC must maintain a current email address on file with the Contracting Officer. Contracting Officers must be notified of any changes to the POC.

16. CONTRACTING OFFICER'S REPRESENTATIVE

16.1 Contracting Officers shall appoint Contracting Officer’s Representative (COR) to provide technical oversight and administration of individual task orders. All matters concerning the MATOC or resulting task orders, however, shall remain under the authority of the Contracting Officer.

16.2 The Contracting Officer is the only person authorized to commit the Government to a contract action. Only Contracting Officers with appropriate warrant levels have the authority to modify the term and conditions of the MATOC, and/or subsequently issued task orders.

16.3 A list of the names and telephone numbers of the Government team comprising the contract Administrator/Specialist, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site may be provided at the post award conference and/or pre-construction conference when appropriate.

17. PRE-CONSTRUCTION CONFERENCE

Prior to starting work under a task order, contractors shall meet with the Contracting Officer and designated technical representative to discuss and establish expectations regarding overall project oversight, to include schedules and expected contractor performance.

18. PREPARATION OF PROGRESS SCHEDULE AND REPORTS

Specific details regarding progress schedules and related reports shall be addressed at the task order level.

19. SECURITY SUITABILITY PROGRAM

19.1 Contractors shall comply with VA Directive 0710, VA Handbook 0710, and all security regulations imposed by the Facility Director, VA Police and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work.

19.2 All contractor employees…