36C25218R0105-002.docx

36C25218R0105

United States Department of Veterans Affairs

Solicitation Number: 36C25218R0105

Multiple Award IDIQ

Great Lakes Acquisition Center Southern Tier Construction Network Contracting Office (NCO) 12

Pre-Proposal Site Visit

TBD

Proposal Due Date 1:00 PM (Local Time) August 14, 2018 Great Lakes Acquisition Center (GLAC) Department of Veterans Affairs 3001 Green Bay Road, BLDG 1, RM 329 North Chicago, IL 60064

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 t ime. 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.

of 105 36C25218R0105 X

TO BE ASSIGNED UPON AWARD

578-18-4-6985-0698 Per Task Order 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road Building 1, RM 329 North Chicago IL 60064 Great Lakes Acquisition Center (GLAC) Department of Veteran Affairs 3001 Green Bay Road Building 1, RM 329 North Chicago IL 60064 Megan Manis

(224) 610-3667 Great Lakes Acquisition Center Southern Tier Construction

Multiple, Indefinite Delivery/Indefinite Quantity (IDIQ) construction contracts, for construction, maintenance, alterations, and repair of buildings and other real property that comprise the Southern Tier Captain James A. Lovell Federal Health Care C enter, Jesse Brown Medical Center, Edward Hines Jr. VA Hospital, & VA Illiana Health Care System.

The IDIQ contracts awarded resulting from this solicitatio n shall include a five (5) year ordering period from the date of award. All Task Orders (TO) are subject to the availability of funds.

The guaranteed minimum award for this contract is $2,000. The shared contract ceiling amount is $120,000,000.

The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

This acquisition shall be 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns per the authority of 38 U.S.C. 8127 (Public Law 109-461). In accordance with VAAR 819.

7003(b), at the time of submission of bids and prior to award of any contracts, the offeror must represent to the CO that it is a

(1) SDVOSB or VOSB eligible under VAAR 819.70; (2) small business concern under the NAICS code assigned to this acquisition; and (3) SDVOSB/VOSB listed as verified in VIP database at: www.vip.vetbiz.gov.

NAICS: 236220: Commercial and Institutional Building Construction / SBA Size Standard: $36.5 Mill ion.

This acquisition features a "Seed Project" with a magnitude value betweeen $100,000 & $250,000 per VAAR 836.204(c).

A bid bond is required for the Seed Project.

A pre-proposal conference/site visit is scheduled IAW FAR 52.236-27.

All contractors who intend to submit a proposal are strongly encouraged to attend to review proper MATOC procedures.

NOTE: Ensure all correspondence is mailed or hand-carried to the address listed in block 8 of the SF 1442; there will not be a public bid opening. This is a competitive acquisition that sh all utilize a Tradeoff Process IAW FAR 15.101-1.

per TO per TO X X 52.211-10 X

1:00 PM CST

08-14-2018 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT

WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

The rights and obligations of the parties to this contract ractual document is necessary.

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or pr int) (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

SEE ATTACHED PRICING SCHEDULE (ATTACHMENT 7)

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 Jeffrey Gerbensky Contracting Officer

Table of Contents SF 1442 SOLICITATION, OFFER, & AWARD (Construction, Alteration, or Repair…………...2

CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS……………………………………….5

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, & BONDS……...6

MATOC GENERAL STATEMENT OF WORK…………………………………………………….7

MATOC RFP PROPOSAL PREPARATION INSTRUCTIONS………………………………….50

BASIS FOR AWARD & EVALUATION FACTORS……………………………………………...56

INSTRUCTIONS, CONDITIONS, & OTHER STATEMENTS TO BIDDERS/OFFERORS….60

REPRESENTATIONS & CERTIFICATIONS…………………………………………………….68

GENERAL CONDITIONS…………………………………………………………………………..73

PROVISIONS & CLAUSES SPECIFIC TO MATOC SEED PROJECT………………………..95

ATTACHMENTS…………………………………………………………………………………...109

Contracting Officer’s Special Instructions as follows:

After compiling all required information, submit the information in accordance with Block 13 of the SF 1442 (page 2 of this solicitation). Return the original and specified number of copies to the issuing office listed in Block 8 of the SF 1442 (page 2 of this solicitation).

Written requests for information or clarifications to solicitation documents shall be submitted to the Contract Specialist at megan.manis@va.gov no later than June 16, 2018. No questions will be accepted after this deadline. Telephone inquiries will not be accepted.

Inquiries and all correspondence concerning this solicitation document should be submitted in writing to the Contract Specialist. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACT SPECIALIST ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.

CONTRACTOR'S SIGNATURE:

In accordance with Federal Acquisition Regulations Part 4, contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows:

(a) Individuals. Signed by the individual.

(b) Individual doing business as a firm. Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as __________________ (insert name of firm)".

(c) Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.

(d) Corporations. Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.

(e) Joint Ventures. Signed by each participant in the joint venture in the manner prescribed in (a) through (d) above.

(f) Agents. When an agent is to sign the contract, other than as stated in paragraph (a) through (e) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) This solicitation & all associated bid documents are available to interested parties in electronic file format from www.fedbizops.gov. No hard copy documents will be provided by the government.

(b) A proposal guarantee (bid bond) is required in an amount not less than 20 percent of the proposed price of the MATOC Seed Project, but shall not exceed $3,000,000. Failure to furnish the required bid guarantee on form SF24, in the proper amount, by the time set for submitting a proposal, will result in rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) For each task order awarded under an IDIQ Construction Base Contract that shall exceed $150,000 (see FAR 28.102-1 for lesser amount), the vendor will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum of the task order award. Copies of SFs 25 and 25A may be obtained from the Contracting Officer upon request.

(d) Offerors are to ensure the most current version of SF24, SF25, and SF25A bond forms are used. Current versions of these forms can be found and downloaded from the GSA Forms Library (https://www.gsa.gov/portal/forms/type/TOP).

MATOC - GENERAL STATEMENT OF WORK

GREAT LAKES ACQUISITION CENTER SOUTHERN TIER

General project descriptions and specifications shall be derived from the statement of work (SOW) of each individual Task Order (TO) that is issued to execute a construction project. The primary purpose/work to be ordered under this contract is general construction (NAICS 236220), but may include work incidental to the overall construction work, such as carpentry; asphalt and concrete paving; roofing; excavation; interior renovation; carpet, window, door installation; mechanical; electrical; plumbing; painting and stucco; demolition; masonry; fire protection; telecommunications; HVAC; and other construction-related work.

North American Industry Classification System (NAICS) code applicable to this procurement is NAICS 236220 - Commercial and Institutional Building Construction. The NAICS small business size standard for MATOC contractors shall be $36.5 Million.

SPECIAL CONTRACT REQUIREMENTS

1. CONTRACT ADMINISTRATION

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

Great Lakes Acquisition Center 3001 Green Bay Road, Bldg 1, RM 329 North Chicago, IL 60064

Work will occur at:

Captain James A. Lovell Federal Health Care Center 3001 Green Bay Road, Bldg 1 RM 329 North Chicago, IL 60064

Jesse Brown Medical Center 820 S. Damen Avenue Chicago, IL 60612

Edward Hines Jr. VA Hospital 5000 5th Ave Hines, IL 60141

VA Illiana Health Care System 1900 E. Main Street Danville, IL 61832

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

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

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

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

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

1.7 Invoicing and request for payments must be made by the contractor utilizing Tungsten/OB10 (hyperlink) and certified by the VA utilizing the Online Certification System (OLCS).

2. ORDERING PERIOD

2.1 Orders may be issued from MATOC IDIQ Award Date through five (5) years from MATOC IDIQ Award Date.

3. MINIMUM GUARANTEE, MAXIMUM CONTRACT VALUE, & TASK ORDER VALUE

3.1 The guaranteed minimum award amount for this contract is $2,000. The contract ceiling amount is $120 million, and shall be shared amongst all IDIQ contract awardees. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

3.2 The MINIMUM and MAXIMUM per task order shall be $2,000 and $5 Million respectively. The $5 Million maximum does include in-scope modifications issued directly against a task order.

4. ORDERING PROCEDURES

4.1 A Task Order Request for Proposal (TO-RFP) hereafter referred to as an “RFP” or “RFPs”, may be issued to MATOC contractors when construction services are required.

4.2 Contractors shall be provided a task order solicitation package including items such as a Statement of Work (SOW), plans and specifications, pertinent supplemental specifications, construction drawings, and any other requirements (e.g. proposal requirements, price schedule, etc.) needed for adequate proposal submission. The Government may provide these items as electronic media, such as via a web based file sharing site or e-mail. All further reproduction of the SOW, specifications, and drawings shall be solely at the Contractor's expense.

4.3 Contractors may be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design (if applicable) and all other associated costs necessary to fulfill the requirement specified in each order RFP. Proposals shall include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, overhead and profit (OH&P) and any other costs associated for a construction or design effort.

5. SPECIFICATIONS

5.1 Specifications are part of every task order issued under this MATOC. The specifications are updated periodically and the most current version will be included in each task order. The master construction specifications can be accessed at the VA Office of Construction & Facilities Management’s Technical Information Library webpage. (hyperlink)

6. TASK ORDER ISSUANCE

6.1 Task orders shall be issued using the Standard Form (SF) 1442, or other authorized VA forms where appropriate. Orders may be issued orally, by facsimile, or by electronic commerce methods (e-mail). All task orders shall be issued by a warranted Contracting Officer.

6.2 All orders Task Orders issued under this contract shall be Firm-Fixed-Price (FFP) and individually funded.

6.3 The government shall provide each awardee a fair opportunity to be considered for each order issued under this MATOC solicitation in accordance with FAR 16.505(b)(2)(D)

7. TASK ORDER COMPETITION

7. The Government shall issue a RFP to all MATOC contractors to compete for task orders to ensure fair opportunity unless an exception per FAR 16.505(b)(2) applies.

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

8. TASK ORDER EVALUATION METHOD AND PROCEDURES

8. Each individual task order RFP will describe the criteria (low price, lowest price technically acceptable, or tradeoff) the CO shall utilize for evaluation of proposals.

8. In making a decision on the award of an individual order, a CO may consider factors such as Past Performance on previously awarded orders under the MATOC, and take into consideration, quality and timeliness of work performed, and/or other factors that may be relevant to the award of a particular order. The CO will consider price under each order as one of the factors in the selection decision.

9. TASK ORDER AWARD DECISION

9. To the maximum extent practicable, award of task orders shall be made without discussions.

10. FEDERAL, STATE, AND LOCAL TAXE

10.1 The Illinois Administrative Code 130.2075 allows construction contractors to be exempt from Retailers Occupation Tax and Use Tax within the State of Illinois when the materials are for incorporation into real estate owned by the governmental bodies. For purposes of this authority, a construction contractor is defined as a general contractor or a subcontractor (86 IL Admin. Code 130.1940(a)(1)). Materials are defined as all of the tangible personal property, including fixtures, which enter into a structure or otherwise become incorporated into real estate (86 IL Admin Code 130.1940(a)(5)), but do not include tools, fuel, lumber for forms, and other end use or consumption items which are not incorporated into the real property (86 IL Admin. Code 130.2075(d)(3)).

11. PROPOSAL CONTENTS AND PREPARATION COSTS

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

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

12. TASK ORDER PERFORMANCE PERIOD

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

13. PROPOSED KEY PERSONNEL AND SUBCONTRACTORS

13. The Contractor shall obtain the Contracting Officer's written consent before making any substitutions of key personnel, replacement key personnel, and sub-contractors proposed at the task order level.

14. GENERAL WAGE DECISIONS

14. Applicable Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act will be identified for all Task Orders (excluding only 100% demolition projects) issued under a MATOC, and shall be current at the time of receipt of task order proposal.

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

14. Contractors are hereby given notice, the most current Wage Determinations will be utilized and provided for submitting task order proposals. Up-to-date Wage Determinations may be found online at http://www.wdol.gov. Ensure use of proper wage schedule for skilled trades generally being used on specific task order.

15. EVALUATION OF CONTRACTOR PERFORMANCE

15. Contractor performance shall be evaluated upon completion of each Task Order that is awarded for an amount greater than the threshold identified by the FAR (Currently $700,000. FAR 42.1502(e)) as well as overall performance of each MATOC base contract.

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

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

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

16. CONTRACTING OFFICER'S REPRESENTATIVE

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

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

16. The Contract Specialist shall handle day-to-day contractual coordination and management duties.

16. A list of the names and telephone numbers of the Government team comprising the Contracting Officer, Contract Specialist and COR shall be provided at the post award conference and pre-construction conference when appropriate.

17. PRE-CONSTRUCTION CONFERENCE

17. Prior to starting work under a task order, contractors and subcontractors shall meet with the Contracting Officer, Contract Specialist and COR to discuss and establish expectations regarding overall project oversight, to include schedules and expected contractor performance.

18. PREPARATION OF PROGRESS SCHEDULE AND REPORTS

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

19. SECURITY SUITABILITY PROGRAM

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

19. All contractors working at any of the above referenced locations shall be fingerprinted prior to being allowed to work on campus. Contractor ID badges can be obtained from PIV office typically 3-5 days after approved SAC form is received and fingerprints clear. ID badges are required for all contractor employees working at VA facilities.

19. In accordance with VA Acquisition Security Requirements, all appropriate personnel security clauses shall be incorporated into the MATOC, and will be applicable to all subsequently issued task orders.

20. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (MARCH 2011)

20. On a case-by-case basis per individual task order security requirements, when appropriate, all key personnel shall be subject to the appropriate type of background investigation or screening per VA/VHA directive 0710 and must receive a favorable adjudication from NCO 12 Personnel Security Specialist or VA Security and Investigations Center (SIC) depending on investigation or screening required. This requirement also applies to all subcontractor personnel.

20. Contract personnel who previously received a favorable adjudication as a result of a Government background investigation or screening may be exempt from this contract requirement. They must provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer, through the COR or Personnel Security Specialist. Proof of previous adjudication is subject to verification. Some positions may be subject to periodic re-investigation/screening.

20. Position Risk/Sensitivity – For all positions under this contract the risk/sensitivity will be designated at the individual order level.

20. Background Investigation/Screening – It is anticipated that the Contractor or contract personnel may be providing services at a VA facility(s) for MORE than 180 days under a single task order or series of task orders, or have access to VA computer data systems. The background investigation/screening commensurate with the requirements will be designated at the individual order level.

20. CONTRACTOR RESPONSIBILITIES

4. The Contractor shall prescreen all personnel to ensure they can read, write, speak, and understand the English language.

4. The Contractor shall submit or have their contract personnel submit all required forms to the Contracting Officer, through the COR or Personnel Security Specialist, within five (5) business days of task order award.

4. Low Risk Investigative Requirements

4. All investigations must be completed through the Electronic Questionnaires for Investigations Process (e-QIP). All contractors must complete the Authorization for Investigation Worksheet before they can complete the online e-QIP.

4. Optional Form 306, Declaration for Federal Employment provided by VA point of contact.

4. Electronic Fingerprint Verification or FD 258, U.S. Department of Justice Fingerprint Applicant Chart.

4. Once the items requested are completed, the Contractor is authorized to provide services under the task order.

4. The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the individual task order.

4. Failure to comply with these Contractor Personnel Security requirements may result in termination of the contract for default.

20. GOVERNMENT RESPONSIBILITIES

5. VA Contracting Officers will ensure a time for contract personnel to complete the fingerprint portion of this requirement, if any, and the COR will be responsible for performing any duties assigned by the VA Contracting Officer with regard to fulfilling the Contractor personnel security requirements described herein.

5. Upon receipt, the local VA facility or VA SIC, depending on the type of investigation/screening required, will review the accuracy of the items requested in paragraph above, and forward these items to OPM to conduct their portion of the background investigation or screening, as applicable.

5. The requesting VA facility will pay for any portion of the investigation or screening conducted by OPM, if any.

5. Depending on the type of investigation/screening required, the Personnel Security Specialist, or VA SIC will notify the VA Contracting Officer of the adjudicating results of the background investigation or screening.

5. The VA Contracting Officer and Personnel Security Specialist will ensure that the required investigations or screening have been completed or are in the process of being requested.

20. PERSONNEL IDENTITY VERIFICATION (PIV) OF CONTRACTOR PERSONNEL

6. In accordance with FAR 52.204-9 and VA Directive 0735 – Personal Identity Verification of Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card. The COR, or designee, will be responsible for sponsoring each contract person that requires a VA-issued identification card.

6. Depending on if the contractor requires VA computer access, card reader access or is just working on the campus, will determine the contractor badge level issued to each person.

20. PIV ID PROOFING CRITERIA

7. Criteria for obtaining a PIV card can be found on the VA website at:

https://www.va.gov/pivproject/how_to_get_a_va_id_badge.asp

7. All VA employees, contractors, and affiliates personnel are required to obtain a PIV card or Temporary Identity Badge.

20. ACCESS TO AND SAFEGUARD OF VA INFORMATION/COMPUTER SYSTEMS

8. Under special, though rare circumstances, the task order may require that contract personnel have access to VA computer systems. Approval will require completion of training and an application process to the VA Information Security Office (ISO). Sharing of these access codes or misuse of VA information/computer systems is a Federal crime. When contract personnel no longer provides services to VA, the Contractor shall immediately inform the COR to deactivate their access. The COR is responsible for deactivation.

8. Computer access will require VA Cyber Security Awareness Training annually and acknowledge all agreements prior to access. (See attachment for security requirements). The contractor is responsible for ensuring and documenting this requirement.

8. Contract personnel with Computer access will take necessary precautions to safeguard information and prevent disclosures. If contract personnel suspect a compromise they will report such knowledge to the COR that same day.

8. Remote access will require prior approval from Information Security Officer (ISO).

8. The Contractor shall make its internal policies and practices regarding the safeguarding medical electronic information available to VA. Contractors are not authorized to employ a lesser requirement then what is established by this document.

8. Any changes in the VA directives during the term of this contract shall be deemed to be incorporated into this contract.

21. SECURITY REQUIREMENTS (GENERAL)

21. All personnel employed by the contractor in the performance of task orders issued under this contract, or any representative of the contractor shall abide by all security instructions and directives of the Department of Veterans Affairs. Employees are responsible for safeguarding all government property provided for contractor use.

21. At the close for each work period, government facilities, equipment and materials shall be secured, lights off, and all doors and window secured.

21. The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well- being or operational mission of the station/campus and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified during background checks.

21. Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Employees and subcontractors later found to be undocumented or illegal aliens will be remanded to the proper authorities.

21. The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this clause. Furthermore, nothing in this clause shall excuse the contractor from proceeding with the contract as required.

21. All contractors and subcontractors when working in a Controlled, Restricted or other sensitive areas must be escorted at all times. The agency or unit responsible for the project or work is responsible for providing the escorts. The Contractor shall follow existing procedures and instructions for obtaining entrance to restricted or controlled areas.

21. Contractor Badge Policies: All contractors working at any VA facility shall be fingerprinted prior to being allowed to work on campus. Contractor ID badges can be obtained from PIV office typically 3-5 days after approved SAC form is received and fingerprints clear. ID badges are required for all contractor employees working at any VA facility.

21. CONTRACTOR RESPONSIBILITIES:

7. Furnish SAC form to each employee and subcontractor employee, regardless of how long they will be on site, and have them fill out the form. Blank SAC form is included as appendix to this specification.

7. When form is legibly completed by hand, scan each form with file name as above then dash then employee name (e.g., 08 SAC FORM – John Doe).

7. Email form to the COR

21. BADGE USAGE

8. Wear badge, readily visible, above waist level, not on head or hard hat, when on grounds doing work.

8. Lanyards and clips are not included, but may be purchased at Canteen Store.

8. Superintendent shall inspect personnel badge (should be visible).

8. Badges allow keyless entry into restricted areas. Names, dates, and times of access are recorded by VA Police.

8. Badges will be valid for 90 days. The PM will notify PIV office to extend badge access for another 90 days if appropriate.

8. Badge wearer, not anyone else, must get badge issues taken care of. For example, it is not allowed to hand over badge to superintendent to walk them down to FM or PIV for entering code on back of badge, into SAM box system. Violations may result in suspension or revocation of construction access.

21. Prior to reissuing new badges, all old badges must be returned to the station Security/Police. Also before a new badge will be issued, VA Security/Police must give approval again. In the event a badge is lost or stolen, the badge holder must report the Loss/Theft of Identification to his/her supervisor. The supervisor of the contractor will investigate the loss and report in writing the circumstances in which the badge was lost and submit a new request for a new ID badge.

21. Station/campus Access: The contractor shall obtain personal contractor identification badge for all employees for the duration of the contract. Employees are only permitted to enter the station/campus during the date and time periods indicted on their contractor ID badge.

21. Vehicle registration, proof of insurance and a valid driver’s license must be presented for all vehicles while operating on the station/campus. All vehicles entering the station/campus or sensitive areas are subject to search. Any refusal or non-consent by an employee will result in termination of their access and immediate confiscation of their ID badge.

22. SITE VISITS

22. Site visits will be highly encouraged for contractors to submit proposals on certain projects. Such requirements shall be clearly stated in the individual task order RFP.

22. Failure to conduct site visits may not be used as an excuse for omission or miscalculation in proposals, and may be taken into consideration in determining a Contractor’s eligibility to participate in future orders.

23. PRE-AWARD SITE INSPECTIONS

23. Contractors shall inspect project job sites with Government representatives prior to proposal submissions for individual projects. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and/or applicable drawings should be brought to the attention of the Contracting Officer in writing. The contractor shall also notify the Contracting Officer upon observing any features in the design that appear to be ambiguous, confusing, conflicting or erroneous.

24. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

24. Unless specified otherwise in a task order, this paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension for unusually severe weather, the following conditions must be satisfied:

24. Claims must be supported in accordance with VAAR 852.236-91(e), “Claims by the contractor for delay attributed to unusually severe weather must be supported by climatological data covering the period and the same period for the 10 preceding years. When the weather in question exceeds in intensity or frequency the 10-year average, the excess experienced shall be considered “unusually severe.” Comparison shall be on a monthly basis. Whether or not unusually severe weather in fact delays the work will depend upon the effect of weather on the branches of work being performed during the time under consideration.”

24. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

24. Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations.

24. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all weather-dependent activities.

24. Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.

24. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair-weather work days, and issue a bilateral modification.

25. PAPERLESS CONTRACTING

25. Proposed Task Order Requests for Proposals, to include specifications and drawings may be issued using electronic methods, i.e., the internet, email, etc. In addition, task order distribution and correspondence will also be issued electronically using email, internet or other electronic methods. Contractors shall have and maintain capability to receive documents in this manner.

25. It is anticipated that within the life of this contract other electronic processes will be enacted. These include, but are not limited to, electronic offers, and electronic invoicing. When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government. Failure to accommodate new processes may be cause for termination or non-consideration for future work.

26. TELEPHONE COMMUNICATIONS SECURITY MONITORING

26. All communications with VA organizations are subject to communications security review. Contractor personnel must be aware that telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The VA has authorized the departments to conduct communications monitoring and recording of telephone calls originating from, or terminating at, VA organizations. Therefore, civilian contractor personnel are advised that any time they place a call to, or receive a call from, a VA organization, they are subject to communications procedures. The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with VA information.

27. NOTICE OF CONSTRUCTIVE CHANGES

27. No order, statement or direction of the Contracting Officer, authorized representative of the Contracting Officer, whether or not acting within the limits of his or her authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless a change is issued in writing and signed by the Contracting Officer.

28. OMBUDSMAN

28. The task order contract and delivery order ombudsman for VA is the Associate Deputy Assistant Secretary for Acquisitions per VAAR 816.505—Ordering and as described in FAR 16.505 (b)(6). Interested parties may obtain the name, telephone number, facsimile number, and e-mail address of the current Associate Deputy Assistant Secretary for Acquisitions by contacting: The Office of Acquisitions (049A), VA Central Office, 810 Vermont Ave., NW., Washington, DC 20420.

29. AMBIGUITY/CONTRACT INTERPRETATION

29. It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein.

30. INVOICING AND PAYMENT

30. Properly prepared invoices bearing the contract number, and corresponding purchase order and task order numbers will be submitted utilizing the VA’s Electronic Invoice Presentment and Payment System (see web site http://www.fsc.va.gov/einvoice.asp) which is contained in VAAR 852.232-72

30. During the performance period of the MATOC, utilization of electronic invoicing shall be required. Payment will be made by the paying office specified in the task order award, and shall be in accordance with FAR 52.232-5--Payments under Fixed-Price Construction Contracts, FAR 52.232-27--Prompt Payment for Construction Contracts, and VAAR 852.236-82 – Payments Under Fixed-Price Construction Contracts.

30. All payments shall be made by electronic transfer of funds (EFT).

30. The Government will make payment upon satisfactory completion and acceptance of work by the Contracting Officer.

30. Payments may be withheld unless proper submission of weekly payrolls. Such payrolls must be fully compliant with Davis-Bacon Act or Service Contract Act (as applicable) requirements.

30. All requests for payments must include a Subcontractor Payment Register pursuant to FAR 52.232-5.

30. Final invoice shall not be submitted until Government acceptance of the completed project has been made in writing. Final invoice shall be submitted along with a Release of Claims.

30. INVOICE CONTENTS

7. Requests for payment in accordance with terms of the contract shall consist of:

7. The Contractor’s invoice showing, in summary form, the basis for arriving at the amount of the invoice;

7. The contract performance statement which shall show, in detail, the estimated cost, percentage of completion, and value of completed performance; and

7. Updated progress and equipment delivery schedules.

30. Payments to the Contractor. Payments shall be subject to reduction for overpayments or increase for underpayments on preceding payments to the Contractor. Progress payments on material delivered on the site (but not installed) and for completed preparatory work will be considered in accordance with FAR 52.232-5 and VAAR 852.236-82 and shall be for major high cost items or long lead special order items. In the request for progress payment, such items shall be specifically identified in the Contractor’s estimates of work submitted for the Contracting Officer’s approval. At the time of invoicing, the amount billed shall be supported by documents establishing its value. Progress payment for material delivered on site but not installed, and for competed preparatory as authorized under FAR 52.232-5 and VAAR 852.236-82 shall be specifically identified in the schedule of prices. Only approved items shall be eligible for progress payment.

30. Obligation of Government Payments. The obligation on the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting Officer, be subject to the following: (1) Reasonable deductions due to defects in material or workmanship; (2) Claims which the Government may have against the Contractor under or in connection with the contract; (3) Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and (4) Receipt of payroll data (to include prime and subcontractors) covering the period of performance of the invoiced amounts.

30. Payment of Bonds: A paid invoice is required before payment of bonds can be made. Contractors must list Bonds as a separate item on progress reports and/or Schedule of Values.

31. REGULATIONS

31. Contractors shall comply with all applicable Federal, State, Local, and Department of Veterans Affairs regulations pertaining to safety, traffic control, infectious control, green environmental management, security, and fire prevention.

31. Contractors may use the Engineering library, which contains most applicable Veterans Affairs’ publications as well as some commercial project data information, or Department of Veterans Affairs Acquisition Policy website, https://www.va.gov/oal/, which has links for several other sites with available publications, forms and project data information. These may also be acquired from the Government Printing Office website, http://www.fdsys.gov.

31. Contractors, their employees, and subcontractors shall become familiar with and obey the regulations of the facilities, including fire, traffic, safety and security regulations while on the facility grounds. Those driving motor vehicles shall observe and obey all speed limits posted throughout the grounds. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.

31. Contractor equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

32. COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS

32. Contractors, their employees, and subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority now or hereafter in force).

32. Contractors agrees to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract or rules, regulations, directions and order not inconsistent herewith as may from time to time be issued by the Government.

32. The unilateral act of any Governmental body against any employee of the Contractor for the violation of a state or federal law or regulation shall not excuse the Contractor from full compliance with the terms and conditions of this contract.

33. TRANSPORTATION, HANDLING AND STORAGE

33. Contractors shall coordinate with suppliers and shippers to ensure that incoming materials are properly identified with the contractor’s name, contract number and project title. The contractor shall designate an authorized individual to be available to receive shipment. The Government will not provide storage other than that available at the project site.

33. Storage of supplies, materials and equipment on the project site shall be accomplished in such a manner so as to prevent mechanical and climatic damage and loss due to vandalism or theft. Equipment temporarily removed in the performance of work and stored on the job site shall be stored and protected in accordance with previous paragraphs, and shall be replaced in a condition compatible with its original state. Security for equipment and material removed from the job site for temporary storage until reuse shall be the responsibility of the contractor.

34. CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALS

34. At the end of each workday, contractors shall clean up the work and storage areas and stack all materials in a manner approved by the Contracting Officer or his/her designated representative. Upon completion of a project, the contractor shall ensure that all dirt, trash, and debris resulting from the construction operations are removed from the work area. Unless directed otherwise in the contract or by the Contracting Officer, disposal of debris shall be made at the contractor’s expense and shall be delivered to a state approved disposal site located off the VA grounds. Debris shall not be left in such a manner that wind or other weather conditions can cause the debris to be scattered outside the work area or inside the facilities via local foot traffic.

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