S02 - Solicitation - 36C24924R0024_1 - 614-22-105 - Upgrade Elevators.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES NO

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

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

b. An offer guarantee is, is not required.

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

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

1 67

36C24924R0024

X

12-11-2023

614-22-105

90C

Department of Veterans Affairs

Network Contracting Office (NCO) 9

Robert Pritchard, Contracting Officer

1639 Medical Center Parkway, Suite 204

Murfreesboro TN 37129

Department of Veterans Affairs

Network Contracting Office (NCO) 9

Robert Pritchard, Contracting Officer robert.pritchard2@va.gov

Robert Pritchard 615-225-4525

Project 614-22-105, Upgrade Elevators, Buildings 1, 1A and 7 at the Memphis VA Medical Center located in Memphis, Tennessee. The VA Medical Center has a requirement for construction services for a contractor to provide all labor, materials, equipment, and expert supervision required to Upgrade Elevators, Buildings 1, 1A, and 7.

NAICS code 236220 is applicable for this project. The small business size standard is $45M.

The Project Magnitude is between $2,000,000.00 and $5,000,000.00.

See Section 2.8 52.236-27 Site Visit (Construction), Page 26.

Submit proposal and supporting documentation to the address in block 8.

To obtain clarifications and/or additional information concerning the contract requirement, specifications, and/or drawings, submit a written Request for Information (RFI) via email to the Contracting Officer, Robert Pritchard at robert.pritchard2@va.gov. RFI's must be specific in identifying section, paragraph and page number and must be in question format. All RFI's submitted shall include the project number and title, contractor name, city, state, telephone, email address, date submitted and RFI question(s). Must be in MS Word, 12pt. Font, Times New Roman.

Questions received after 12:00PM, CST December 26, 2023, will not be answered unless it is determined to be in the best interest of the Government as deemed by the Contracting Officer. All questions must be submitted in writing only.

In accordance with P.L 109-461, this acquisition is 100% set-aside for Service-Disabled Veteran Owned Small Business

(SDVOSB) concerns. To be eligible to receive an award under this solicitation, the SDVOSB contractor must be listed and viewable in the VetCert Registry located at www.veterans.certify.SBA.gov at the time of offers due and at

Time of award. In accordance with FAR 52.204-7 System for Award Management (SAM), all prospective offerors must have an

Active SAM’s registration at the time of offer submission.

Hard copy bonds are NOT REQUIRED. See Important Submission Instruction.

Project will be procured under FAR 15.101-2 Lowest price Technically Acceptable. Evaluation factors are listed in the solicitation.

Offerors providing proposal response to this solicitation MUST include entire solicitation as received, no pages removed, In addition to all other requirements.

10 510 x x 52.211-10

X

1 1:00PM CST

01-12-2024

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

LINE ITEM 1, Base Item 1 __________________________

LINE ITEM 2, Alternate 1 _______________________

Detailed pricing must be submitted on the attached form titled "Pricing Schedule"

90C

Department of Veterans Affairs

Network Contracting Office - 9

1639 Medical Center Parkway

Suite 204

Murfreesboro TN 37129

90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135

Invoice must be submitted electronically

Setup 1-877-489-6135

X

Robert Pritchard

VA-VHA-2020-21A9358B

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or

Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

IMPORTANT SUBMISSION INFORMATION

EVALUATION PROCESS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB

2021)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

2.11 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

2.12 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

2.13 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

2.14 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

2.15 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (NOV 2021)

4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(SEP 2023)

4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.9 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.10 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB

1997)

4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.12 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

4.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.14 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.15 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR

2019)

4.16 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.17 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.18 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE

ITEMS (APR 2019)

4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.20 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.21 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD

SERVICES (OCT 2018)

4.22 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.23 List of Attachments

STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: 614-22-105 Upgrade Elevators Building 1, 1A, and 7

2. Scope of Work: The contractor shall provide all necessary tools, labor, materials, equipment, permits, license, supervision, and quality control to project “Upgrade Elevators Building 1, 1A, and 7” at the Lt. Col. Luke J. Weathers, Jr. VA Medical Center in Memphis TN, in accordance with the drawings and specifications.

3. Background: The overhead traction elevators in Building 1 and 1A and the hydraulic elevators in Building 7 are original equipment to the construction of the building. This equipment, while well maintained, is beyond serviceable life and needs to be replaced in full or modernized to allow for simpler maintenance.

4. Performance Period:

The contractor shall complete the work required under this SOW in a total of 510 calendar days or less from date of Notice to Proceed, with the time for each phase of the work determined by coordination of scheduled shutdowns, unless otherwise directed by the Contracting Officer (CO). If the contractor proposes an earlier completion date, and the Government accepts the contractor’s proposal, the contractor’s proposed completion date shall prevail.

Work will be performed in three phases:

1) Phase 1 – 2 traction rehabilitation and 3-hydraulic rehabilitation for elevators S2, S3, P22, P23, and P24. 270 calendar days.

2) Phase 2 – 2 traction rehabilitation for elevators P6 and P7, 3 controls replacement and finishes on elevators S32, S33, and S34, 2 hydraulic rehabilitations on elevators P25 and P26. Work on S32, S33, and S34 shall only have one elevator out of service at any given time. 150 calendar days.

3) Phase 3 – 1 hydraulic rehabilitation for elevator S27. 90 calendar days.

The Performance Period is the same for both Item 1 and Item 2.

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kickoff meeting or has advised the contractor that a kickoff meeting is waived.

C. GENERAL REQUIREMENTS

1. LINE ITEM 1, Base Item # 1: Replacement of the existing traction elevators in the designated buildings. The work of replacement is specialized at each bank of elevators, as shown in Documents, but includes:

a. Building 1 – Demolition of existing elevator cab, platform and doors at shafts and all elevator equipment, controls and cabling located in penthouse. Install all new elevator cab, platform and doors at shafts and all elevator equipment, controls and cabling located in penthouse, within the existing shafts. Works to be only on elevators marked S2, S3, P5 and P6 in Building 1.

b. Building 1A – Demolition of existing traction elevator controls and cabling located in penthouse. Install all new controls and cabling located in penthouse, within the existing shafts. Works to be only on elevators marked S32, S33 and S34.

c. Building 7 – Demolition of existing hydraulic elevator cabs, platform and doors at shafts and all elevator equipment, controls and cabling located in penthouse. Install all new elevator cab, platform and doors at shafts and all elevator equipment, controls and cabling located in penthouse, within the existing shafts. Works to be only on elevators marked P22, P23, P24, P25, P26, S27.

2. LINE ITEM 2, Alternate 1: Delete all works related to Building 1A, controls replacement and finishes, as described in the Documents and item A-2 above. Delete all general conditions, phasing, protection barriers, mechanical, electrical, and plumbing related to works in Building 1A.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW.

Task One: Submittals Deliverable One: Provide submittals in PDF for AE and VA review. Allow 21 calendar days of to complete each review of each submittal.

Task Two: Work performance.

Deliverable Two: Provide completed work that is fully inspected, punch list completed, and closeout documentation provided.

E. SCHEDULE FOR DELIVERABLES

1. The contractor shall complete the Delivery Date column in Attachment A for each deliverable specified.

2. Unless otherwise specified, the number of draft copies and the number of final copies shall be the same.

3. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations. If deliverable cannot be delivered within the scheduled time frame, compensation may be taken from the contractor.

F. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written modifications to the contract by the CO. A copy of each modification will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

G. REPORTING REQUIREMENTS

1. Daily logs to be submitted daily to COR and CO daily.

2. Certified Payrolls submitted electronically bi-weekly.

3. Safety reporting in accordance with applicable sections of the specifications.

4. Test reports in accordance with applicable sections of the specifications.

5. Construction waste tracking in accordance with the applicable sections of the specifications, but no less than monthly once construction work has begun.

H. TRAVEL

Travel is not applicable to this work.

I. GOVERNMENT RESPONSIBILITIES

The Government will NOT provide any other service outside applicable drawings, specifications, and Statement of work.

J. CONTRACTOR EXPERIENCE REQUIREMENTS

• The contractor must inform the VHA COR when personnel are removed from the contract for any reason.

• If a key person becomes unavailable to complete the contract, proposed substitutions of key personnel shall be made to the COR and CO.

K. SECURITY AND CONFIDENTIALITY

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S.

Government and shall be submitted to the CO at the conclusion of the contract.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

4. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to the Engineering office with acceptable photo ID to obtain a badge. The Engineering office is located in room AEG19 on the Ground Floor of Building

1. A VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.

5. No photography or video recording of VA premises is allowed without prior authorization.

6. VA issued keys are to remain on VA property. Keys that are checked out from the Engineering Office shall be returned each day.

7. Contract Security Requirements

8. The contractor is responsible for safekeeping of all drawings, project manual and other project information. This information shall be shared only with those with a specific need to accomplish the project.

9. All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the VA.

10. Privacy – VA Mandatory Training

• VA Privacy Training for employees with access to VA computer systems or VA sensitive information.

• VA Talent Management System (TMS) training course VA10176 provides the mandatory Privacy Training requirements for any contractor with access to VA computer systems or VA sensitive information.

• VA Privacy Training for employees without access to VA computer systems or VA sensitive information.

• VA Talent Management System (TMS) training course VA20939 provides the mandatory Privacy Training requirements for any contractor without access to VA computer systems or VA sensitive information.

• Each employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.

• Provide the COR with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.

• Training must be completed annually throughout the performance of this contract.

11. VA Information Custodial Language

• Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

• VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

• Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

• The Authorization requirements do not apply, and a Security Accreditation Package is not required.

• The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

• The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

• If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

• If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

• The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

• The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

• Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

• Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.

If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

• For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment(CSCA) on a yearly basis and provide it to the COR.

• Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

• Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

• Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

• Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

• Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

• The Government Agency owns the rights to all data/records produced as part of this contract.

• The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.)

and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

• Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

• No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C.

2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

• Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

END STATEMENT OF WORK

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

IMPORTANT SUBMISSION INFORMATION

SOLICITATION MATERIALS: All solicitation materials consisting of drawings, specifications, contract forms, Amendments, and other documents will be posted to the Contract Opportunities Government website located at https://sam.gov/. Enter “36C24924R0024” into the search box to access the solicitation materials. This is the only official location where these documents can be obtained and where updates are posted. No ‘hard copy’ solicitation materials are available.

SOLICITATION SUBMISSION: The following documents must be included in the solicitation submission in the formats as stated:

- One (1) electronic copy of an original, fully completed and signed and dated SF 1442 Offer page, acknowledgment of all amendments issued by completing block 19 of the SF1442 and providing them with the SF 1442 Offer page; prices online item(s) listed on the Price/Cost Schedule; completed Representations and Certifications section (FAR 52.204-8, 52.209-5 (Deviation), and 52.209-7); and fully completed Contractor Experience Modification Rate (EMR) Certification documents.

- One (1) electronic copy of an original completed and signed SF 24 Bid Bond or other allowable Bid Security. Any missing elements of the bid bond submission could render the offeror ineligible and their offer will not be considered.

Subject: Class Deviation from the Federal Acquisition Regulation to Eliminate Hard Copy Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain Contract Requirements.

1. Purpose. To issue a class deviation in accordance with Federal Acquisition Regulation (FAR) 1.404, to allow greater flexibility by eliminating the requirement for hard copy original documents, original signatures, notarization, seals on bonds, and other scenarios confronting the acquisition workforce in connection with the Coronavirus Disease 2019 (COVID-19) pandemic.

2. FAR Parts Impacted. FAR parts 28, 32, 42, and 52.

3. Effective Date. Immediately.

4. Expiration Date. This deviation expires when incorporated into the FAR or otherwise or rescinded.

5. Applicability. This class deviation applies to all VA contracting activities.

6. Exception. None.

7. Background. The deviation is issued in response to the COVID-19 national emergency, as authorized by the Civilian Agency Acquisition Council (CAAC) letter 2020- 04, dated May 1, 2020.

a. Current FAR Policy. In certain situations, the FAR requires hard copy original documents, original signatures, notarization, and seals on bonds.

https://sam.gov/

b. Need for Deviation. In response to the COVID-19 national emergency, agencies are encouraged to issue FAR deviations to eliminate the requirements discussed herein.

c. New Policy. Contracting officers shall use the attached deviation FAR text as follows:

1) When obtaining financial protection against losses under contracts per FAR part

28:

▪ 28.101-3(c) allowing the use of electronic means is moved to an added section at 28.002 to apply the same flexibilities to all of part 28;

▪ 28.106-1 adding an exception to stamping a corporate seal on bonds;

▪ 28.106-8 allowing a signed statement by the contractor that the payment is due and owed;

▪ 28.203(b) not requiring the Standard Form 28 to be sworn and notarized;

▪ 28.203-5 allowing a written authorization of the release signed by the surety saying that it approves of such release;

▪ 52.228-11, Pledges of Assets (Aug 2018) (DEVIATION APR 2020), not requiring the Standard Form 28 to be sworn and notarized, in place of 52.228-11, Pledges of Assets (Aug 2018);

▪ 52.228-15, Performance and Payment Bonds – Construction (OCT 2010) (DEVIATION APR 2020), not requiring the seal when executing the standard forms required by the clause; and

▪ 52.228-16, Performance and Payment Bonds – Other than Construction (NOV 2006) (DEVIATION APR 2020), not requiring the seal when executing the standard forms required by the clause.

2) When processing assignment of claims per FAR subpart 32.8:

▪ 32.802(e) allowing the use of a copy of the assignment instrument; and

▪ 32.805(a), (b), (c), and (e) allowing the use of electronically signed documents and a copy of the assignment instrument.

3) When executing novation agreements and change-of-name agreements per FAR part 42:

▪ 42.1204(f) allowing the use of a copy of the documents;

▪ 42.1204(i) not requiring a seal on the Novation Agreement; and 42.1205(b) not requiring a seal on the Change-of-Name Agreement.

FEDERAL HOLIDAYS: Federal law (5 U.S.C. 6103) establishes the following public holidays for Federal employees: New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday -- Saturday or Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday).

All contractors are required to complete:

• VA Privacy Training for employees with access to VA computer systems or VA sensitive information.

• VA Talent Management System (TMS) training course VA10176 provides the mandatory Privacy Training requirements for any contractor with access to VA computer systems or VA sensitive information.

• VA Privacy Training for employees without access to VA computer systems or VA sensitive information.

• VA Talent Management System (TMS) training course VA20939 provides the mandatory Privacy Training requirements for any contractor without access to VA computer systems or VA sensitive information.

• Each employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.

• Provide the COR with each employee’s printed certificate of completion from the TMS.

This certificate displays the employee’s TMS User ID.

• Training must be completed annually throughout the performance of this contract.

THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at https://sam.gov for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

VETS-4212 REPORTING REQUIREMENT: Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year.

Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, visit the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (FEB 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (FEB 2016) under the General Conditions.

SECURITY:

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the contract.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

https://sam.gov/ https://www.dol.gov/agencies/vets/programs/vets4212

4. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to the Engineering office with acceptable photo ID to obtain a badge. A VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.

5. No photography or video recording of VA premises is allowed without prior authorization.

6. VA issued keys are to remain on VA property. Keys that are checked out from the Engineering Office shall be returned each day.

7. The contractor is responsible for safekeeping of all drawings, project manual and other project information. This information shall be shared only with those with a specific need to accomplish the project.

8. All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the VA.

9. VA Information Custodial Language

• Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

• VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures follow VA directive requirements.

• Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor while performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

• The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).

PRIME CONTRACTOR INFORMATION- SAFETY OR ENVIRONMENTAL VIOLATIONS AND

EXPERIENCE MODIFICATION RATING INFORMATION

All Offerors shall submit information pertaining to their past Safety and Environmental record (using the attached EMR information/data form). The information must contain a certification that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

All Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Offeror’s EMR is above 1.0, Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc.

(NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and Puerto Rico shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

If the NCCI cannot issue an EMR because the Offeror lacks insurance history, Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that it has assigned Offeror a Unity Rating of 1.0.

The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

PAYMENT FOR MATERIALS STORED OFF-SITE: The COR and the contractor/project manager (whoever will oversee submitting the invoice) shall meet and discuss the items listed on a draft copy of the invoice prior to submission to OB10. All items will be approved prior to submission. It is the Contracting Officer’s discretion to pay for any stored materials. This should be discussed prior to submission of the first invoice. Contract financing is not part of this contract.

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT SYSTEM (CPARS)

As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $750,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk at 207-438-1690.

Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor's registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor's performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor's designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government's evaluation being placed on file in the database with a statement that the “contractor failed to respond.”

END OF SUBMISSION INFORMATION

EVALUATION PROCESS

This section describes the evaluation process, proposal preparation, the significant factors and sub-factors and criteria to be used in the evaluation process. This procurement action is a

Lowest Price Technically Acceptable source selection process in accordance with FAR 15.101-

2. Proposals will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. In order to be considered for award, an offeror must have an “acceptable” rating in every non-price factor/sub-factor under consideration.

The Government intends to award a single contract to a qualified Service-Disabled Veteran

Owned Small Business (SDVOSB) determined responsible in accordance with the Federal

Acquisition Regulation (FAR), whose proposal conforms to all the requirements in this solicitation and is further determined to meet or exceed the standards of acceptability at the lowest offered price. The Government intends to evaluate proposals and award a contract without discussions with Offerors. Therefore, the Offeror’s initial proposal should contain the

Offeror’s best terms from both a technical and cost standpoint.

The evaluation of offers submitted in response to this Request for Proposal (RFP) solicitation will be conducted utilizing the Lowest Price Technically Acceptable (LPTA) selection process.

Utilization of this source selection process may result in not all offers being evaluated. The

Contracting Officer upon receipt of offers, will determine eligibility and compliance to the solicitation requirements. The Vendor Information Pages (VetBiz registry) will be checked to ensure that any offeror submitting a proposal to perform the work is both listed and verified. All proposals received will also be checked for an active registration in the System for Award

Management (SAM). Thereafter, the Contracting Officer will review all proposals to ensure that the minimum proposal submission requirements have been met. Once these requirements have been satisfied, the Contracting Officer will select and submit for review to the Technical

Evaluation Board (TEB) the technical proposal of the lowest priced offeror for consideration.

Initially, the TEB will not receive any pricing information, only the…