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36C24818Q0161

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24818Q0161 12-28-2017 Rohan McKenzie 407-646-4229 01-25-2018

3:00 PM

36C675 Department of Veterans Affairs Orlando VA Medical Center 13800 Veterans Way Orlando

FL

32827 X X 562910 750 Employees X N/A X Department of Veterans Affairs Multiple Locations. See Attachment C.

36C675

Network Contracting Activity 8 (NCO 8) Orlando VA Medical Center 13800 Veterans Way Orlando

FL

32827

Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Blanket Purchase Agreement (BPA)

1. Multi-Campus Mold/Asbestos Remediation Services

2. Ordering Period:

February 15, 2018 through February 14, 2023.

3. This BPA does not obligate any funds.

See CONTINUATION Page X X Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 BLANKET PURCHASE AGREEMENT ADMINISTRATION DATA3
B.2 BPA ORDER INTRODUCTORY LANGUAGE4
B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)4
B.4 PRICE/COST SCHEDULE9
SECTION C - BPA CLAUSES12
C.1 TERMS AND CONDITIONS12
C.2 INTRODUCTION12
C.3 OBLIGATION OF FUNDS12
C.4 PRICING DATA12
C.5 AUTHORIZED LIMITS12
C.6 AUTHORIZED REPRESENTATIVES13
C.7 AUTHORIZED INDIVIDUALS14
C.8 ORDER FORMAT14
C.9 MANAGEMENT CONTROL14
C.10 PERFORMANCE14
C.11 INVOICES15
C.12 PRECEDENCE15
852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)15
C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)17
SECTION D - BPA DOCUMENTS, EXHIBITS, OR ATTACHMENTS18
D.1 ATTACHMENT A CONTRACTOR QUESTIONS AND COMMENTS18
D.2 ATTACHMENT B CONTRACTOR PAST PERFORMANCE QUESTIONNAIRE18
D.3 ATTACHMENT C VISN 8 FACILITIES18
D.4 ATTACHMENT D WAGE DETERMINATION 15-4554 (REV.-4)18
SECTION E - SOLICITATION PROVISIONS19
E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)19
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)20
E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)25

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 BLANKET PURCHASE AGREEMENT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

1. A Blanket Purchase Agreement (BPA) is hereby established between ______________________ and Network Contracting Office 08 under the following terms and conditions incorporated in this BPA:

a.

CONTRACTOR: (person administering BPA for the Contractor)

Address

City-State-Zip

Phone Number

Fax Number

Email Address

DUNS #

Federal Tax I.D. #

b.GOVERNMENT:Contracting Officer: Rohan McKenzie
(E): rohan.mckenzie@va.gov

Network Contracting Office 8 (NCO8) Orlando VA Medical Center 13800 Veterans Way Orlando, FL 32827-7403

2.CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X]
52.232-34, Payment by Electronic Funds Transfer—Other Than System For Award Management, or
[]
52.232-36, Payment by Third Party
3.INVOICES: Invoices shall be submitted in arrears:
a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Upon acceptance of completed services.
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.

Department of Veterans Affairs Financial Services Office (FSC) PO Box 149971 Austin, TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 BPA ORDER INTRODUCTORY LANGUAGE

The terms and conditions of the contractor's BPA (including any agreement modifications) apply to task or delivery orders issued under the Blanket Purchase Agreement (BPA), otherwise called the agreement, as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the Agreement. Any unique terms and conditions of an order issued under the agreement that are not already part of the agreement, will govern. In the event of an inconsistency between the terms and conditions of a BPA and task/delivery order terms, other than those identified above, the terms of the BPA will take precedence.

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL0(DEVIATION). Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

36C24818Q0161

Page 1 of Page 1 of Performance Work Statement (PWS) VISN 8 Multi Campus Mold/Asbestos Remediation Services

A. Introduction:

Veterans Integrated System Network (VISN) 8 requires contractor support to perform mold/asbestos abatement/remediation services for each task order issued against an established Blanket Purchase Agreement (BPA). Three or more BPAs will be issued to support VISN 8 mold/asbestos remediation requirements.

B. Scope:

Contractor shall furnish all labor, materials, equipment, employee training, supervision, insurance, and permits required to enter Government property and perform all labor necessary to protect property form any further damages. Contractor shall accomplish all specified requirements outlined on task orders issued against the BPA and adhere to all applicable federal, state, environmental and local regulations pertaining to mold/asbestos remediation. Contractor shall adhere to industrial hygiene principles for monitoring, surface cleaning, observations of standard work practices, and procedures specifically for removing sheetrock materials. Includes vinyl and paper wallcovering, and proper treatment of medical facilities and commercial buildings within VISN 8.

C. Place of Performance:

See Attachment C VISN 8 Facilities

D. BPA Annual Review:

This BPA will be reviewed annually to ensure that authorized procedures are being followed and to maintain awareness of market condition changes, sources of services, and other pertinent factors that may warrant new arrangements with different suppliers or modifying this BPA.

E. Deliverables:

Contractor shall provide copy of mold/asbestos assessment from a Certified Industrial Hygienist (CIH) to the Contracting Officer (CO) and Contracting Officer Representative (COR) before the start of each work. All interior remediation work shall be performed in accordance with accepted removal procedures involving wet methods, HEPA vacuuming, and immediate bagging of waste and debris. Task order work includes removal and proper disposal of contaminated sheetrock and interior building insulation materials in addition to necessary discolored ceiling, ceiling tiles, surfaces affected by water intrusion and leaks. Appropriate segregation of work areas must be outfit with proper HEPA air scrubbing and exhaust of the filtered airborne environment outside the building in addition to interior dehumidification. The segregated containment work areas shall be properly maintained throughout material and debris removal, surface cleaning by wet methods and HEPA vacuuming, visual inspections, and performance of post-remediation third party monitoring for airborne fungal/mold agents by the CIH. Contractor shall isolate HVAC system as needed and clean existing HVAC unit and ductwork when work is completed. Agency will provide specifications to the Contractor for reinstalling carpets, cove bases, paint colors, ceiling tiles, and floor tiles. Replacement materials shall match existing materials unless otherwise approved by the COR.

F. Personal Protective Equipment (PPE) PPE for proper access and use by selected knowledgeable, trained, and experienced Contractor personnel for water-damaged sheetrock removal and microbial remediation shall be adhere to as recommended by the CIH.

G. Storage:

In the event furniture and or wall decorations need to be removed from the building/room to complete mitigation/remediation, contractor will be responsible for moving furniture from the affected area/room to another room or provide an on-site storage unit. Contractor shall coordinate move to another room and on-site location of storage unit with the COR.

H. General Information All work shall be conducted in compliance with the following:

1. Environmental Protection Agency (EPA).

2. Occupational Safety and Health Administration (OSHA) regulations.

3. National Institute of Occupational Safety and Health (NIOSH).

4. Department of Health “Guidelines on Assessment and Remediation of Fungi in Indoor Environments.

5. Institute of Inspection, Cleaning, and Restoration Certification (IICRC) S500 Standard.

6. Reference Guide for Professional Water Damage Restoration, IICRC S520 Standard.

7. All other applicable technical references to protect the health and safety of employees and facility occupants.

8. In case of conflict or overlap of the above referenced authorities, the most current and stringent recommendations and technical guidelines will be documented as determined by a Certified Industrial Hygienist (CIH) and mold assessment consultant, safety and security.

I. Site Visit

1. Site visit date and time will be specified on each task order. Contractor shall attend site visit to determine site conditions. Questions after the site visit will be forwarded to the CO if necessary and answers will be provided to site visit attendees by amendment to the task order.

J. Emergency Requirements:

CLIN 0006 on the schedule/delivery section of the BPA shall be for all work designated by the Contracting Officer as an emergency service. CLIN 0006 shall include work outside of regular working hours. CLIN 0001 through 0005 shall not be utilized with CLIN 0006 on the same task order and shall be a stand-alone CLIN. The contractor shall arrive on site no later than two (2) hours after issuance of oral order by Contracting Officer to review project scope. Within one (1) hour after site visit ending, contractor shall submit the marked-up floor layout drawing of area(s) outlining scope of work to the Contracting Officer. Within two (2) hours of government approval of layout drawing, work shall commence on site. Oral orders arising because of an emergency shall be confirmed by issuance of a written task order within five (5) business days.

K. Hours of Operations:

Hours of operation will be stated on each task order.

L. Federal Holidays and Government Closures:

Government facilities are closed on federal holidays or when the unanticipated holidays are declared by the President. Federal holidays are:

New Year’s Day President’s Day Martin Luther King Jr.’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

M. Standard of Conduct:

The Contractor and Contractor's employees shall, always, conduct themselves in a professional and courteous manner when dealing with customers. Validated instances of non-courteous behavior and unprofessional conduct will constitute Contractor nonperformance in that area. When any Contractor employee receives two (2) valid customer complaints in a one-year period, the Contractor shall consider removing such employee from employment under this BPA. Removal of employees for such reasons shall not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services required. The Contractor shall report to the CO and COR all disputes with customers or other Government contractors resulting from receiving or providing support. The Contractor shall provide an oral report within two hours after a dispute occurs. The Contractor shall submit a written report covering facts about the dispute within five (5) business days following oral notification.

N. Safety:

The contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements. The Contractor shall be responsible for instructing his employees in safety measures and shall not permit them to place articles and other equipment in an unsafe position. The Contractor shall provide and place signs to mark areas that are unsafe due to working operations. Provide a verbal notification to the CO and COR as soon as possible of each occurrence resulting to damage of Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the CO and COR within five calendar days of each occurrence. If the Contractor fails or refuses to comply promptly with the above safety requirements, the CO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs.

O. Environmental Considerations:

Cleaning solutions shall be used in strict conformance with the product’s Environmental Protection Agency (EPA) and State of Florida requirements and the commonwealth of Puerto Rico. All manufactures’ instructions and recommendations for the use of cleaning solutions shall be strictly followed. In addition, the contractor shall comply with all federal, state, or local laws and regulations concerning the, use, storage, and disposal of hazardous materials.

P. Government Inspection:

Inspection of the contractor’s work will be made by the COR. The COR has authority to point out corrective measures, but does not have authority to alter the terms or conditions of the contract. All discrepancies pointed out will be corrected immediately. No payment shall be made for services that are not performed in accordance with the specifications.

R. Contracting Officer Representative:

CORs are employed by the Government and assigned to assist the CO in ensuring contractor performance of services in accordance with the terms and conditions of this BPA. The tasks of the COR include:

1. Notifying the CO as to the timeliness of performance by the vendor employees in accordance with the terms and conditions of this contract.

2. Performing random surveillance of the vendor employees while they are at the facility.

3. Ensuring compliance with contract requirements insofar as the locations and facilities to be serviced.

4. Advising the CO of nonperformance or unsatisfactory performance issues.

The COR shall act as the onsite government representative, but will not have the authority to direct the contractor or authorize any verbal or written changes to the terms and conditions of the BPA. The CO shall maintain this authority.

S. Performance Requirements Summary (PRS) Matrix

Task order requirements
Performance Standard
Minimum Acceptance Standard
Method of Surveillance
Incentive (Positive and/or Negative) (Impact on Contractor Payments)
PRS 1: Contractor shall accomplish all specified requirements outlined on task orders issued against the BPA and adhere to all applicable federal, state, environmental and local regulations pertaining to mold remediation.
Restoration of facilities.
100%

Inspection and completion of each task

Periodic Assessment and Customer Feedback
Re-performance. Contractor compliance rate shall be utilized as objective evidence of contract compliance and documented into the CPAR System.
PRS 2: Emergency Requirement Response Time: The contractor shall arrive on site no later than two (2) hours after issuance of oral order by Contracting Officer
Emergent evaluation and job performance. Non-emergent evaluation and job performance 24 hours.
90% of calls
Periodic Assessment and Customer Feedback
Re-performance. Contractor compliance rate shall be utilized as objective evidence of contract compliance and documented into the CPAR System.
PRS 3: The contractor shall provide CIH assessment to the CO.
Deliverables Schedule of required frequencies are described in each PWS.
100%
100% Inspection
Re-performance. Contractor compliance rate shall be utilized as objective evidence of contract compliance and documented into the CPAR System.

B.4 PRICE/COST SCHEDULE

CLINS 0001 – 0006

The Government does not guarantee that it will place any orders under this BPA. This BPA ordering period begins on February 15, 2018 through February 14, 2023.

ORDERING PERIOD: February 15, 2018 through February 14, 2023.

CLIN
DESCRIPTION
“ESTIMATED” Units
UNIT
UNIT PRICE
0001
Contractor shall provide all labor, equipment and material for the removal of suspected-infested material and mold growth from concrete or block walls, interior of metal work and ceilings.
50,000
SF
0002
Contractor shall provide all labor, equipment and material for the removal of suspected-infested material and asbestos.
50,000
SF
0003
Installment of HEPA vacuum HVAC diffusers.
200
EA
0004
Contractor shall provide the disposal of all debris including bags, dumpster, and transportation for all demo of any suspected contaminated mold.
500
CY
0005
On-site storage: Contractor shall provide onsite storage unit in the event contents need to be removed from the building/room to complete mitigation/remediation
10
CO
0006
This CLIN shall be for all work designated by the Contracting Officer as an emergency service. This CLIN shall include work outside of regular working hours. CLIN 0001 through 0005 shall not be utilized with this CLIN on the same task order and shall be a stand-alone CLIN. The contractor shall arrive on site no later than two (2) hours after issuance of oral order by Contracting Officer to review project scope. Within one (1) hour after site visit ending, contractor shall submit the marked-up floor layout drawing of area(s) outlining scope of work to the Contracting Officer. Within two (2) hours of government approval of layout drawing, work shall commence on site. Oral orders arising because of an emergency shall be confirmed by issuance of a written Task Order within five (5) business days.
20,000
SF

TOTAL AMOUNT:

Page 1 of

SECTION C - BPA CLAUSES

C.1 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH Network Contracting Office 8:

C.2 INTRODUCTION

In the spirit of the Federal Acquisition Streamlining Act, the Department of Veterans Affairs, Network Contracting Office 08 and _____________ hereby enter into a cooperative agreement, otherwise referred to as a Blanket Purchase Agreement (BPA), to further reduce the administrative costs of acquiring supplies/services.

The agreement details all mold/asbestos services with accompanying prices and descriptions, which may be ordered under this BPA.

All orders placed against this BPA are subject to the terms and conditions of all the clauses and provisions in full text or incorporated by reference in this document.

C.3 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

C.4 PRICING DATA

1. The prices included on the BPA list (or applicable "discounted" rates submitted in a quote response to an RFQ resulting in a BPA) that are in effect on the effective date of an order shall govern that order's basic performance period.

2. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by facsimile or electronic-mail) to the Contracting Officer. This BPA also allows for additional discounts if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order. Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA holder.

3. The BPA holder may also increase BPA prices at any time. Any BPA price increase shall not take effect until the Contracting Officer receives written notification (U.S. mail, facsimile, or electronic-mail). Any order already issued shall not be affected by any change to BPA pricing. The prices offered under this BPA will undergo annual review by the Contracting Officer.

C.5 AUTHORIZED LIMITS

Individual task order shall not exceed the Simplified Acquisition Threshold (SAT). However ordering officials shall seek agency guidance for approval to exceed the SAT. The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $150,000.00/per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at $650,000.00 over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

C.6 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

Rohan McKenzie
Contracting Officer
13800 Veterans Way
Orlando, FL 32827
407-646-4229

Rohan.McKenzie@va.gov

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

Scott Reed
407-646-5500
Scott.Reed@va.gov

The Secondary Contracting Officer's Representative (COR) for projects under this Agreement is:

Assigned per each task order.

The Primary and/or Secondary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

C.7 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

Network Contracting Office 08 authorizes the following entities to place orders:

1. Veterans Integrated System Network 08 Warranted Contracting Officers within their limits.

2. Contracting Officers shall issue solicitations to two (2) or more BPA holders to gain competitive pricing prior to an award. Past performance and technical capability will be evaluated prior to establishing the BPAs, however the issuing task order CO may establish past performance and technical criteria for each task order issued.

C.8 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

C.9 MANAGEMENT CONTROL

The BPA holder shall provide to the Contracting Officer (CO) a list of all teaming partners or subcontractors upon submittal of quotes. As subcontractors and/or teaming partners are added, and/or deleted, an updated listing will be provided to the CO within two (2) calendar days of such change. All BPA holder personnel shall display identification badges at the Government specified location for each task order. Authorized Government personnel shall accompany all visits to agency Program Offices, unless other specific arrangements have been made.

C.10 PERFORMANCE

The following terms and conditions are applicable:

a. All services will be initiated within five (5) calendar days following receipt of a valid order, unless otherwise specified in the order.

b. The BPA holder shall be familiar with the Federal Government, Federal Acquisition Regulations, directives and instructions. If a particular document is required in a specific order, it will be cited within the order's PWS.

c. The BPA holder shall not provide technical direction to any other acquisition BPA holder(s) or government personnel at any time. Neither shall the Government directly supervise BPA holder employees. The BPA holder Task Leader should conduct day to day supervision of BPA holder personnel wherever the BPA holder personnel are located. All direction of the BPA holder shall be through the Contracting Officer (CO) of the ordering organization specified in each individual order. Technical "tasking" assignments for the BPA holder will be transmitted by the program office's COR (or program manager) to the BPA holder's Task Leader.

d. The "ordering period" will run from BPA award to February 14, 2023. The "ordering period" will terminate with the end of the BPA, unless the ordering CO elects to extend the ordering period as provided under the BPA. If the ordering CO elects to extend the ordering period beyond the end of the BPA, he/she may extend order period up to six (6) months beyond the end of the BPA order period.

e. Cancellation: This BPA may be canceled if the BPA holder fails to perform in accordance with the terms and conditions of this BPA, any order established under this BPA, or if deemed as in the best interests of the Government. The BPA holder must strictly comply with all terms and conditions or the Contracting Officer may determine that performance by the BPA holder has been unsatisfactory and cancel this BPA.

C.11 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance.

b. An itemized invoice shall be submitted to the CO at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Copies of delivery tickets shall support these invoices. "Approved-for-payment" invoices will be submitted to the payment address specified on each individual order issued under this BPA.

C.12 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of clause)

C.13 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 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Clause)

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FAR Number
Title
Date
52.203-16
PREVENTING PERSONAL CONFLICTS OF INTEREST
DEC 2011
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
APR 2014
52.212-4
CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS
JAN 2017
52.222-55
MINIMUM WAGES UNDER EXECUTIVE ORDER 13658
DEC 2015
52.228-5
INSURANCE—WORK ON A GOVERNMENT INSTALLATION
JAN 1997

SECTION D - BPA DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT A CONTRACTOR QUESTIONS AND COMMENTS

See attached document: ATTACHMENT A Contractor Questions _ Comments.

D.2 ATTACHMENT B CONTRACTOR PAST PERFORMANCE QUESTIONNAIRE

See attached document: ATTACHMENT B Contractor Past Performance Questionnaire.

D.3 ATTACHMENT C VISN 8 FACILITIES

See attached document: ATTACHMENT C VISN 8 Facilities.

D.4 ATTACHMENT D WAGE DETERMINATION 15-4554 (REV.-4)

See attached document: ATTACHMENT D WD 15-4554 (Rev.-4).

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SECTION E - SOLICITATION PROVISIONS

E.1 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)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/);

(ii) Quick Search (http://quicksearch.dla.mil/);

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision) ADDENDUM to FAR 52.212-1…

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