36C24924R0035_1.docx

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.

36C24924R0035 X 12-27-2023 596-24-1-5896-0001 596A4-24-102 90C Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129 Department of Veterans Affairs Network Contracting Office 9 (90C) Robert Pritchard, Contracting Officer robert.pritchard2@va.gov Robert Pritchard 615-225-4525 Project 596A4-24-102 - Replace Obsolete Lighting at the Lexington VA Healthcare System, Troy Bowling Campus in Lexington, Kentucky. The VA Medical Center has a requirement for construction services for a contractor to provide all labor, materials, equipment, and expert supervision required to Replace Obsolete Lighting at the Troy Bowling Campus.

NAICS code 238210 is applicable for this project. The small business size standard is $19M.

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

See S ection

2.8 52.236-27 Site Visit (Construction), Page

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 January 19, 2024, 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.

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.

X X 52.211-10 X 1 Electronic

1:00PM

CST

01-31-2024 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

BASE OFFER ____________________________

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

596-3640162-5896-854200-3220 24NR4JA52

90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129 90C FSC e-Invoicing 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

Robert Pritchard

VA-VHA-2020-21A9358B

Table of Contents

A.3 CONSTRUCTION STATEMENT OF WORK

Replace Obsolete Lighting (TBC), Troy Bowling Campus

PROJECT NO: 596A4-24-102

PROJECT NAME: Replace Obsolete Lighting (TBC)– Lexington-Cooper, KY **The Certification and Accreditation (C&A) does not apply, a Security Accreditation Package is not required**

1. GENERAL INTENT:

The Contractor shall provide construction services to remove approximately 9300 ballast lamp fixtures, purchase replacement fixtures, and install for the Lexington VA Health Care System – Troy Bowling campus in accordance with this statement of work.

2. Background:

The Lexington VA has obsolete lighting infrastructure in need of replacement in accordance with VA specifications. A recent patient safety directive requires the replacement of these ballast fixtures with new LED fixtures.

3. SCOPE OF WORK:

The contractor shall provide all supervision, labor, materials, tools, equipment, and construction services necessary for replacing existing ballast driven lighting devices with Buy American LED type lighting fixtures. Center basket option is preferred where allowed by the VA design guide. Fixture counts and locations are shown in Attachment 6 of the solicitation. The contractor shall work with LED manufacturing representative(s) to select the size and number of LEDs assuring the retrofit provides the necessary lighting levels (per the VA Design Guide) at the lowest possible wattage. The contractor shall submit all proposed lighting components to the COR with all photometrics showing compliance with the VA Design Guide prior to the install. Whips or wiring from junction points to the device may need replaced in certain circumstances. The contractor must replace when it is determined to be a safety concern by the COR at no additional cost to the VA. Some work will be required after standard administrative hours; work may be limited to periods shorter than a standard shift, etc. for specific locations in the project. This is a medical environment and contractor shall take into consideration Infection Control, Demolition Noise, Dust Control, Security, Safety, and Specialized facility requirements as medical environment requires. Using the available space, it may be necessary to phase the project or work shifts as required by the contract or as any coordination with patient safety is required. The medical center must always remain in continuous operation, and any utility interruptions shall be planned and executed as required, so as to minimize any disruptions. At the completion of the project, the contractor shall submit to the COR a final energy savings report showing photographic evidence of changes, itemized listing of component changes, charts showing initial energy consumption estimates, and estimated energy savings per year. The report should be tailored for the facilities utilization to request a rebate from the local utility company.

4. GENERAL CONDITIONS AND DEFINITIONS:

1. COR: Contracting Officers Representative. V.A. employee of VAMC Facilities and Engineering Service officially assigned to act as Project Manager and Inspector on behalf of VAMC and Contracting Officer. COR shall be “First Point of Contact” on all matters concerning technical work for subject Project.

1. Coordinate all administrative and construction requirements exclusively with or through assigned COR of VAMC Facilities and Engineering Service; and. neither discuss contract work with, nor take any directives concerning contract work from any person other than COR unless specifically permitted and authorized to do so.

1. Review and sign any Infection Control Construction Permit (ICCP) that will be provided by COR. ICCP’s must be always posted outside of work area.

1. ILSM: Interim Life Safety Measures: Any series of Operational Actions taken to temporarily reduce Hazards posed by Life Safety deficiencies which have been created by demolition, renovation, or construction works, and which are to remain in place and in effect for duration of Contract work.

1. Provide interim life safety measures (ILSM) where fire protection, fire suppression or smoke/fire partitions and egress from an area will be shutdown or rendered ineffective during construction. Coordinate with VA safety office through VA COR. ILSM must be always posted outside work area.

1. PROVIDE: Whenever used throughout Scope of Work, term “Provide” is to be understood to mean -Purchase newly manufactured; Furnish delivered to VAMC work site in protective containers; Secure from tampering or theft; and install in accordance with Contract Scope of Work, Specifications, and Manufacturer’s Instructions.

1. Definition of Terms Remove and Install with respect to subject project work:

6. Remove - shall be understood to mean that existing object or system will be disposed of properly in accordance with EPA regulations. Any recycled material information shall be furnished to the COR with type and weight.

6. Install - shall be understood to mean to replace existing object with new object.

1. All electrical work such as pulling-in of wires and cables, circuit-breaker work, installing electrical devices and disconnect switches, working in electrical panels, and making of all electrical connections shall be performed by qualified electricians known and formally documented to be qualified in and experienced in electrical work.

1. Coordinate all utility shutdowns with VA COR.

1. Remove all debris and clean work site daily. The contractor shall assume all responsibility of items/equipment/debris removed or demoed. All items must be disposed of or recycled in compliance to local, state, and federal standards. Due to the age of the existing facility the exposure to Asbestos Containing Materials can occur. It is unexpected but the work outlined in the statement of work could meet the definition of small scale, short duration activities. In such cases, compliance with Federal Regulations with regards to engineering controls and safe work practices as outlined by EPA Title 40 must be followed.

5. Other Supporting Information:

C.1 Contractor Furnished Materials – All labor, materials, equipment to perform the job. When "furnish", "provide", "install", or similar term is used it shall mean a complete installation, ready for use.

C.2 Government Furnished Materials and Services. Government furnished property, if any, will be identified and will only be used for the performance of this contract unless otherwise authorized by the Contracting Officer. The Contractor shall always take all steps necessary for maintenance and preservation of all Government-furnished property. The Contractor shall comply with all reasonable requests of the Contracting Officer to enclose, or specifically protect, Government-furnished property.

C.3 Qualifications of Key Personnel – Contractor’s employees shall be knowledgeable of standards associated with this type of work.

C.4 Supervision/Communications. At all times during the performance, the Contractor's Superintendent (if applicable) shall be available by cellular phone. Prior to beginning any work, the Contractor shall supply the COR with the telephone number for the Superintendent. The Contractor's "Competent Person" that meets OSHA training guidelines, who can make decisions and acting on behalf of the Contractor, shall be physically located on site at all times during performance of the contract. If the Contractor's Competent Person is absent from the job site for an extended period of time, the COR may send all Contractor/sub-contractor employees off the job.

C.5 Security Requirements: The Authorization requirements do not apply, and a Security Accreditation Package is not required. Contractor shall identify which employees will be working under the awarded contract. Contractor personnel shall include employees, sub-contractors, subcontractor employees, suppliers and delivery personnel entering the Medical Center. This does not apply to suppliers and delivery personnel making deliveries to the VA warehouse dock only. Those employees shall bring photo ID to obtain a VA Contractor identification badge that shall be always worn above the belt while on Medical Center property. Contractor's employees shall return all I.D. badges to designated personnel.

C.6 The Contracting Officer's Representative (COR) is responsible for the inspection of the work called for in this contract and will be identified at the time of award. Inspections made by the COR are for the sole benefit of the Government and does not relieve the Contractor of any quality control responsibilities.

C.7 The Safety Manger is responsible for safety inspections of all contract operations.

C.8 Drawings – General. Contract drawings (if applicable) will indicate the extent and location of work. If any departure from the contract drawings is deemed necessary by the Contractor, the details of such departure and the reasons therefore shall be submitted to the Contracting Officer for approval as soon as practical. No such departure shall be made without proper written permission of the Contracting Officer. The Contractor is responsible for all information and requirements in drawings and specifications that pertain to the contract.

C.9 Verification of Dimensions – The Contractor shall visit the job site to thoroughly familiarize himself with all the details of the work and working conditions. The Contractor shall also verify all dimensions in the field and shall advise the Contracting Officer of any discrepancy before performing any work. The Contractor shall be specifically responsible for the coordination and proper relation of his work to the building, structure, phasing and ensure the safety of employees and workmen.

C.10 Smoking Policy – No smoking on VA property.

C.11 Parking/Traffic Regulations - The Contractor shall not park on grassy areas unless approved by the COR and the Contractor agrees to restore areas back to VA standards. Drivers shall be particularly concerned with pedestrian traffic and yield to pedestrians in crosswalks. Posted speed limits and all other traffic controls are to be always observed by operators. Seat belt use is mandatory on the VA grounds.

6. Records Management

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

1. does not include personal materials.

1. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

1. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

1. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

1. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

1. [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

1. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

1. The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

1. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.

1. The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

1. The 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 from public disclosure by an exemption to the Freedom of Information Act.

1. The [Agency] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

1. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

1. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

1. GOVERNMENT POINTS OF CONTACT

EXPECTED COMPLETION TIME from NOTICE TO PROCEED: 270 Calendar days.

End of Statement of Work

A.4 PRICE/COST SCHEDULE

ITEM INFORMATION

The construction firm is to provide construction services for project 596A4-24-102 Replace Obsolete Lighting (TBC) in strict accordance with contract statement of work and specifications. Project is to be completed as a turnkey project. Construction to include general construction, demolition, and electrical. Experience required in a 24/7 healthcare environment.

Contract Period: Base POP Begin: 03-01-2024 POP End: 11-26-2024 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: 6210 - Indoor and Outdoor Electric Lighting Fixtures

A.5 DELIVERY SCHEDULE

1101 Veterans Drive Lexington, KY 40502 2235 United States of America

859-281-3855 charles.maggard@va.gov

Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

A.6 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 “36C24924R0035” 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. 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. Class Deviation from the FAR eliminating hard copy original documents, signatures, notarization, seals on bonds and other seals for certain contract requirements was issued and serves as consultation to agencies in accordance with FAR 1.404. Email copy will be acceptable.

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.

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 Bidders/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 bidder/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 Bidder/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 Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidders/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/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 Bidder/Offeror lacks insurance history, Bidder/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 Bidder/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

36C24924R0035

A.7 EVALUATION FACTORS

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 (VetCert registry) will be checked to ensure that any offeror submitting a proposal to perform the work is both listed and verified.