36C25220R0060.docx

36C25220R0060

United States Department of Veterans Affairs

Solicitation Number: 36C25220R0060

Multiple Award Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for Construction

Tomah VA Medical Center 500 E Veterans Way Tomah, WI 54660 Network Contracting Office (NCO) 12

Pre-Proposal/Site Visit 10:00 AM (Local Time) August 19th, 2020

Proposal Due Date 4:30 PM (Local Time) September 8th, 2020 Department of Veterans Affairs Great Lakes Acquisition Center 115 South 84th Street 36C25220R0060 Milwaukee, Wisconsin 53214

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.

of 119 36C25220R0060 X 08-05-2020

TO BE ASSIGNED UPON AWARD

676-20-2-6985-0005 676-20-3-6985-0040 (Seed) Per Task Order 36C252 Department of Veterans Affairs 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) Attn: Justus Klink 115 S 84th Street, Suite 101 Milwaukee WI 53214 Justus Klink

(414) 844-4817 Multiple Award Indefinite Delivery/Indefinite Quantity Contracts solicitation for the Tomah VAMC, 500 East Veterans Street, Tomah, WI 54660

Multiple, Firm-Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) construction contracts, for construction, maintenance, alterations, and repair of buildings and other real property belonging to the Tomah VA Medical Center in Tomah, Wisconsin

The Government intends to award a minimum of two (2) IDIQ contract awards and shall reserve the right to make additional IDIQ awards. The guaranteed minimum award amount for each independent IDIQ contract is $2,000. The The single contract ceiling amount is $21,998,000. The maximum award for a single task order is $3,000,000.

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

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

This acquisition shall be 100% set-aside for Service-Disabled Veteran-Owned Small Business (SBVOSB) 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 proposals, and prior to award of any contracts, the offeror must represent to the CO that it is a (1) SDVOSB eligible under VAAR Subpart 819.70; (2) Small business concern under the NAICS code assigned to this acquisition;

and (3) SDVOSB listed as verified in VIP database at: https://www.vip.vetbiz.va.gov.

NAICS: 236220: Commercial and Institutional Building Construction / SBA Size Standard: $39.5 Million.

This acquisition features a "Seed Project" with a magnitude value between $250,000 and $500,000 per FAR 36.204(d).

A bid bond is required for the Seed Project.

Reference Provision 52.236-27 for specific details on the pre-bid conference and site visit. All contractors who intend to submit a proposal are strongly encouraged to attend this conference.

NOTE: Ensure the complete origanal proposal and four (4) copies are delivered to the address listed in Block 8 of the SF 1142. One electronic copy shall also be emailed to Justus.Klink@va.gov. There will be no public bid opening.

IAW FAR 15-101-1, this is a competitive acquisition that shall utilize a Tradeoff Process evaluation.

per TO per TO X X 52.211-10 X 4:30 09-08-2020 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

See “Amounts” value to “Reference contractor's detailed Seed Project proposal" 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 X Contracting Officer

SEE ATTACHED PRICING SCHEDULE (ATTACHMENT 7)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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). Submit one original proposal and 4 copies to the address listed in Block 8 of the SF 1442. One copy shall also be submitted, via email to Justus.klink@va.gov.

INQUIRIES:

Written requests for information or clarifications to solicitation documents shall be submitted to the Contract Specialist at Justus.klink@va.gov cc kristi.kluck3@va.gov no later than August 28thth, 2020 by 4:00pm Local Time. 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 https://beta.sam.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).

36C25220R0060

PART A - MATOC GENERAL STATEMENT OF WORK

General project descriptions and specifications will be derived from the statement of work (SOW) of each individual Task Order (TO) that is issued to execute a construction project. The work may consist of multiple disciplines of construction, and will include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, 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 will be $39.5 Million.

(END OF PART)

PART B - SPECIAL CONTRACT REQUIREMENTS

1.0 CONTRACT ADMINISTRATION

1.0 The office having administrative jurisdiction over the MATOC and subsequently issued task orders will be:

Department of Veterans Affairs Network Contracting Office 12 115 South 84th Street, Suite 101 Milwaukee, WI 53214

1.1 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.

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

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

1.4 For accounting and appropriation data purposes, each task order will be individually funded.

1.5 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).

1.6 Invoicing and request for payments must be made utilizing Tungsten:

http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

2.0 ORDERING PROCEDURES

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

2.1 Contractors will 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 web postings, e-mail or CD ROM at its option. All further reproduction of the SOW, specifications, and drawings shall be solely at the Contractor's expense.

2.2 Contractors shall be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision and all other associated costs necessary to fulfill the requirement specified in each RFP order. Proposals shall include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with construction.

3.0 TASK ORDER ISSUANCE

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

3.2 All orders issued from the MATOC basic contract will be Firm-Fixed-Price (FFP) and individually funded.

3.3 The government will provide each awardee a fair opportunity to be considered for each order issued under this MATOC solicitation exceeding $3,000. Exclusions to this fair opportunity are per statutory exceptions as noted below:

3.3.1 The VA’s need for the listed work is so urgent that providing a fair opportunity would result in unacceptable delays.

3.3.2 Only one awardee can provide the necessary work at the level of quality required because the work is unique or highly specialized.

3.3.3 The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided all awardees were given a fair opportunity to be considered on the original order.

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

4.0 MINIMUM AND MAXIMUM PROVISIONS

4.1 The MINIMUM guarantee for each recipient of a MATOC base contract award will be $2,000.00.

4.2 The MAXIMUM value of any contract awarded against this MATOC will not exceed $21,998,000.

4.3 The MINIMUM and MAXIMUM per task order will be $2,000 and $3 Million respectively. The $3 Million maximum does NOT include in-scope modifications issued directly against a task order.

5.0 TASK ORDER COMPETITION

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

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

5.1.2 Only one such contractor can provide the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized; or

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

5.1.4 It is necessary to place an order to be considered for the original order.

5.2 If the Contractor believes it was not fairly considered for a 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.

6.0 TASK ORDER EVALUATION METHOD AND PROCEDURES

6.1 Each individual task order RFP will describe the criteria the CO will utilize for evaluation of proposals.

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

7.0 TASK ORDER AWARD DECISION

7.1 To the maximum extent practicable, award of task orders will be made without discussions.

8.0 PROPOSAL CONTENTS AND PREPARATION COSTS

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

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

9.0 REQUIREMENT FOR COST AND PRICING DATA

9.1 In accordance with 10 U.S.C. 2306(a) and 41 U.S.C 254(b), unless an exception applies, or a waiver has been granted, certified cost or pricing data is required at the threshold contained in FAR 15.403-4 (currently $2,000,000). This requirement applies to individual task orders and modifications.

9.2 Contractors shall submit to the contracting officer the following in support of any proposal:

9.2.1 Cost or pricing data in the format designated by the Contracting Officer.

9.2.2 General contractor or appropriate subcontractor tier cost or pricing data in the format designated by the Contracting Officer.

9.2.3 A certificate of current cost or pricing data, in the format specified in FAR 15.406-2 certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

10. PROTESTS

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

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

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

10.2.2 The cancellation of the solicitation or other request.

10.2.3 An award or proposed award of the contract.

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

11. OPTION FOR INCREASED QUANTITY ON TASK ORDERS

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

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

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

12. TASK ORDER PERFORMANCE PERIOD

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

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

13. PROPOSED KEY PERSONNEL AND SUBCONTRACTORS

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

14. GENERAL WAGE DECISIONS

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

14.2. Contractors are hereby given notice and bear the sole responsibility of utilizing the most current Wage Determinations when submitting proposals for evaluation. Current Wage Determinations may be found online at https://beta.sam.gov/search?index=wd.

15. EVALUATION OF CONTRACTOR PERFORMANCE

15.1. Contractor performance will be evaluated annually for each Task Order that is awarded for a net value greater than $700,000 at CPARS/PPIRS (https://www.cpars.gov/); at the discretion of the contracting Officer, contractor performance reviews may also be completed for Task Orders less than $700,000.

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

15.3. Evaluations maybe processed through the Contractor Performance Assessment Reporting System (CPARS) and/or Federal Awardee Performance and Integrity Information System (FAPIIS).

15.4. Contractors are required to designate a point of contact (POC) to receive notification of performance evaluations for the MATOC and 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

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

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

16.3. The Contract Specialist will handle day-to-day contractual coordination and management duties.

16.4. A list of the names and telephone numbers of the Government team comprising the Contracting Officer, Contract Specialist and Contracting Officer’s Representative (COR) will be provided at the post award conference and pre-construction conference when appropriate.

17. PRE-CONSTRUCTION CONFERENCE

17.1 Prior to starting work under a task order, contractors and subcontractors shall meet with the Contracting Officer, Contract Specialist and Contracting Officer’s Representative (COR) to discuss and establish expectations regarding overall project oversight, schedule requirements and expected contractor performance.

18. PREPARATION OF PROGRESS SCHEDULE AND REPORTS

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

19. SECURITY SUITABILITY PROGRAM

19.1 Contractors shall comply with VA Directive 0710, VA Handbook 0710, and all security regulations imposed by the Facility Director, VA Police and/or agency occupying the space where work is to be performed. Any necessary security clearances must be obtained prior to commencement of work on a case-by-case basis per individual task order.

19.2 All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform work. This requirement is applicable to all subcontractor personnel requiring the same access on a case-by-case basis per individual task order.

19.3 Contractors shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.

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

20. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

20.1. 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.

20.2. 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 maybe subject to periodic re-investigation/screening.

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

20.4. Background Investigation/Screening – It is anticipated that the Contractor or contract personnel will 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.

20.5. CONTRACTOR RESPONSIBILITIES

20.5.1. The Contractor shall pre-screen all personnel to ensure they are able to read, write, speak, and understand the English language.

20.5.2. 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.

20.6. Low Risk Investigative Requirements

20.6.1 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.

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

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

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

20.6.5 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.

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

20.7. GOVERNMENT RESPONSIBILITIES

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

20.7.2 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.

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

20.7.4 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.

20.7.5 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.

20.8. PERSONNEL IDENTITY VERIFICATION (PIV) OF CONTRACTOR PERSONNEL

28.8.1 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.

20.8.2 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.

20.9. PIV ID PROOFING CRITERIA

20.9.1 Criteria for obtaining a PIV card can be found on the VA website at: https://www.oit.va.gov/programs/piv/how-to.cfm

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

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

20.10.1 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 provide services to VA, the Contractor shall immediately inform the COR to deactivate their access. The COR is responsible for deactivation.

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

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

20.10.4 Remotely access will require prior approval from Information Security Officer (ISO).

20.10.5 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.

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

21. SECURITY REQUIREMENTS (GENERAL)

21.1 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.

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

21.3 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.

21.4 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.

21.5 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 will excuse the contractor from proceeding with the contract as required.

21.6 All contractors and subcontractors when working in a Controlled, Restricted or other sensitive area must always be escorted. The military 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.

21.7 Contractor Badge Policies: All requests for contractor ID badges will be submitted through the station Police/Security office.

21.8 All contractor employees who’ll be granted un-escorted access to the station/campus are required to consent to a Background Investigation (BI) prior to being granted access to the station/campus. Continued employment is contingent upon successful completion and favorable reporting of the criminal background check.

21.9 Contractor badges shall be issued for a maximum period of one year. 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.

21.10 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.

21.11 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 shall result in termination of their access and immediate confiscation of their ID badge.

22. SITE VISITS

22.1. Site visits may be deemed mandatory for contractors to submit proposals on certain projects. Such requirements will be clearly stated in the individual task order RFP.

22.2. 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

23.1 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

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

24.2. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

24.3. The unusually severe weather must 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.

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

24.5. 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.

24.6. The number of actual adverse weather delay days will 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 workdays, and issue a bilateral modification.

25. PAPERLESS CONTRACTING

25.1. 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.

25.2. 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

26.1 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.

27. NOTICE OF CONSTRUCTIVE CHANGES

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, will 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

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

29.1. This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

29.2. 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. Failure to comply with all obligations will be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

30. INVOICING AND PAYMENT

30.1 Properly prepared invoices bearing the contract number, and corresponding purchase order 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.

30.2 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.

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

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

30.5 Payments may be withheld unless proper submission of weekly payrolls. Such payrolls must be fully compliant with Davis-Bacon Act requirements.

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

30.7 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.

30.8 INVOICE CONTENT: Requests for payment in accordance with terms of the contract shall consist of:

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

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

30.8.3 Updated progress and equipment delivery schedules.

30.9 Payments to the Contractor. Payments will be subject to reduction for overpayments or increase for underpayments on preceding payments to the Contractor. Basis for the Contracting Officer’s consideration to allow progress payment for material delivered on the site (but not installed) and for completed preparatory work, as authorized under FAR 52.232-5 will be (1) major high cost items and (2) long lead special order items. In the request for progress payment, such items will 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 shall be specifically identified in the schedule of prices. Only approved items will be eligible for progress payment.

30.10 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

31.1. 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.

31.2. 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/business/pps/policy.asp 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, https://www.gpo.gov

31.3. 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 always carry proper personal identification with them.

31.4. 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

32.1. 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).

32.2. Contractors shall agree 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.

32.3. 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

33.1. 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.

33.2. Storage of supplies, materials and equipment on the project site shall be accomplished in such a manner 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…