36C25221R0070.docx

United States Department of Veterans Affairs Solicitation Number: 36C25221R0070 Multiple Award Task Order Contract (MATOC) Wm S. Middleton VA Hospital 2500 Overlook Terrace (90C) Madison WI 53705 Network Contracting Office (NCO) 12

Pre-Proposal/Site Visit 10:00 AM (Local Time) June 16, 2021

Proposal Due Date 1:00 PM (Local Time) July 1, 2021 Great Lakes Acquisition Center (GLAC) Department of Veterans Affairs 2500 Overlook Terrace (90C) 36C25221R0070

Madison WI 53705-2254

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.

36C25221R0070 X 06-01-2021 607-21-3-6985-0040 607-21-3-6985-0041 TBD on each TO 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Department of Veteran Affairs Wm S.

Middleton VA Hospital Attn: John Meyers (90C) 2500 Overlook Terrace Madison WI 53705-2254 John Meyers john.meyers2@va.gov Solicitation Title: Multiple Award Task Order Contract (MATOC) Solicitation for the Wm S. Middleton VA Hospital.

Description: 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 Wm S.

Middleton VA Hospital, 2500 Overlook Terrace, Madison Wisconsin.

The Government intends to award a minimum of two (2) IDIQ contra ct awards, and shall reserve the right to make additional IDIQ awards. The maximum NET value of all task orders and modifications issued to a single contractor under this MATOC shall not exceed $40,000,000; the NET AGGREGATE VALUE of all task orders and modifications awarded under this MATOC during the five (5) year ordering period shall not exceed $40,000,000.

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.

The guaranteed minimum amount for each resultant award sh all be $2,000.

The MINIMUM ordering limit per task order is $2,000. The MAXIMUM ordering limit per task order is $7,000,000.

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 proposal, the offeror must represent that it is a SDVOSB concern, a small business concern under the NAICS code assigned to the acquisition, and is CVE verified for eligibility in the VIP database.

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

This acqui sition features a "Seed Project" with a magnitude value between $500,000 and $1,000,000 per FAR 36.204(e) A bid bond is required for the Seed Project.

A pre-proposal conference/site visit is scheduled as outlined in FAR 52.236-27 All contractors who intend to submit a proposal are strongly encouraged to attend to review proper MATOC proce dures

NOTE: Ensure all correspondence is mailed or hand-carried to the address listed in block 8 of the SF 1442; there will be no public bid opening. This is a competitive acquisition t hat shall utilize a Tradeoff Process IAW FAR 15.101-1.

per TO per TO X X 52.211-10 X 1:00

CDT

07-01-2021 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 AMEN

DMENTS

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 ATTACHED PRICE SCHEDULE AT ATTCHMENT 07

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

ANNE V. VOSSLER

Compliance with VHA Directive 1192.01 VHA Directive 1192.01 issued August 10, 2020 requires all contractor personnel to receive annual seasonal influenza vaccinations or obtain an exemption for medical or religious reasons. Compliance with this directive is a requirement of this contract. A copy of VHA Directive 1192.01 is available at this link:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi0t7CAj_DrAhXDgnIEHbVSCwgQFjAAegQIBRAB&url=https%3A%2F%2Fwww.va.gov%2Fvhapublications%2FViewPublication.asp%3Fpub_ID%3D8948&usg=AOvVaw1Rwijbc9Z5WL5ilsgWoagN”

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) This solicitation & all associated documents are available to interested parties in electronic file format from beta.SAM.gov | Search 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).

CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS AS FOLLOWS:

Requests for information or clarifications to solicitation documents shall be submitted to the Contract Specialist at john.meyers2@va.gov for action no later than seven (7) calendar days prior to the solicitation closing date as shown in Block 13 of the Standard Form 1442.

After compiling all required information, submit the information in accordance with the "Due Date" in Block 13 of the SF 1442. Return the original and specified number of copies to the issuing office listed in Block 8 of the SF 1442

INQUIRIES:

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.

VETS-4212 REPORTING REQUIREMENT:

Contractors are required to submit a required annual Form VETS-4212A, Federal Contractor Veterans' Employment Report (VETS-4212 Report) in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, you may check the following website: http://www.dol.gov/vets/programs/fcp/main.htm. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (FEB 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports Veterans (JUN 2020) under the General Conditions.

PAYMENT FOR MATERIALS STORED OFF-SITE:

Payment in advance of installation for materials stored off-site is not authorized under this contract.

MATOC - GENERAL STATEMENT OF WORK

Wm S. MIDDLETON VA HOSPITAL, MADISON WI 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 work may consist of multiple disciplines of construction, and shall 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 shall be $39.5 Million.

SPECIAL CONTRACT REQUIREMENTS

1. CONTRACT ADMINISTRATION

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

Department of Veterans Affairs Wm S. Middleton VA Hospital 2500 Overlook Terrace Madison WI 53705-2254

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 effected 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 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.

1.5 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/ FSC e-Invoice Program - VA-FSC Internet 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. ORDERING PROCEDURES

3.1 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.

3.2 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.

3.3 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.

4. TASK ORDER ISSUANCE

4.1 Task orders shall 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. All task orders shall be issued by a warranted Contracting Officer.

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

4.3 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).

5. MATOC MINIMUM/MAXIMUM

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

5.2 The MAXIMUM contract value of any contract awarded against this MATOC shall not exceed $40 Million; the net aggregate value of funding for all task orders and modifications issued against the MATOC acquisition shall not exceed $40 Million.

5.3 The MINIMUM and MAXIMUM per task order shall be $2,000 and $7 Million respectively.

6. TASK ORDER COMPETITION

6.1 All MATOC contractors will be provided fair opportunity to compete for task orders unless an exception per FAR 16.505(b)(2) applies.

6.2 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.

7. TASK ORDER EVALUATION METHOD AND PROCEDURES

7.1 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.

7.2 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. The CO will consider price under each order as one of the factors in the selection decision.

8. TASK ORDER AWARD DECISION

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

9. PROPOSAL CONTENTS AND PREPARATION COSTS

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

9.2 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.

10. REQUIREMENT FOR COST OR PRICING DATA

10.1 Cost or pricing data is only required if the Contracting Officer requests it 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, at the threshold contained in FAR 15.403-4 (currently $2,000,000).

10.2 When cost or pricing data is required in accordance with FAR 15.403-4, Contractors shall submit to

(1) the contracting officer the following in support of any proposal:Cost or pricing data in the format designated by the Contracting Officer.

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

(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.

11. PROTESTS

11.1 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 the task-order Contract, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

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

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

(2) The cancellation of the solicitation or other request.

(3) An award or proposed award of the contract.

(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.

12. TASK ORDER PERFORMANCE PERIOD

12.1 Task Order Period of Performance (POP) shall be determined at the individual 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 key personnel, replacement key personnel, and sub-contractors proposed at the task order level.

14. GENERAL WAGE DECISIONS

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

14.2 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 .

15. EVALUATION OF CONTRACTOR PERFORMANCE

15.1 Contractor performance shall be evaluated annually for each Task Order that is awarded for a net value greater than $750,000 at CPARS (https://www.cpars.gov/); at the discretion of the Contracting Officer’s discretion Contractor performance may be completed for Task Order less than $750,000.

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 may be processed through the CPARS (Contractor Performance Assessment Reporting System) 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 shall 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 shall 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) shall 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 shall 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 shall be obtained prior to commencement of work.

19.2 All contractors working at Wm S. Middleton VA Hospital 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 Wm S. Middleton VAH.

19.3 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)

20.1 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. 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 required under this contract, the position 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 prescreen 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.

20.5.3 Low Risk Investigative Requirements

20.5.4 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.

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

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

20.5.7 Once the items requested are completed, the Contractor is authorized to provide services under the task order. As previously stated, if the investigation or screening is not completed prior to the start date of the task order, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

20.5.8 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.

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

21. GOVERNMENT RESPONSIBILITIES

21.1 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 with regard to fulfilling the Contractor personnel security requirements described herein.

21.2 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.

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

21.4 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.

21.5 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.

21.6 PERSONNEL IDENTITY VERIFICATION (PIV) OF CONTRACTOR PERSONNEL

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.

21.7 PIV ID PROOFING CRITERIA

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

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

21.8 ACCESS TO AND SAFEGUARD OF VA INFORMATION/COMPUTER SYSTEMS

21.8.1 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.

21.8.2 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.

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

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

21.8.5 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.

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

22. SECURITY REQUIREMENTS (GENERAL)

22.1 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.

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

22.3 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.

22.4 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.

22.5 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 shall excuse the contractor from proceeding with the contract as required.

22.6 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.

22.7 Contractor Badge Policies: All contractors working at the Wm S. Middleton VA Hospital 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 Wm S. Middleton VA Hospital.

22.8 All contactor employees who’ll be granted unescorted 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.

22.9 Contractor badges will 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.

22.10 Station/campus Access: The contractor shall obtain personal contractor identification badges 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.

22.11 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 will result in termination of their access and immediate confiscation of their ID badge.

23. SITE VISITS

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

23.2 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

24. PRE-AWARD SITE INSPECTIONS

24.1 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.

25. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

25.1 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:

25.2 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.

25.3 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.

25.4 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.

25.5 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.

26. PAPERLESS CONTRACTING

26.1 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.

26.2 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.

27. TELEPHONE COMMUNICATIONS SECURITY MONITORING

27.1 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. 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.

28. NOTICE OF CONSTRUCTIVE CHANGES

28.1 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.

29. OMBUDSMAN

29.1 The task order contract and delivery order ombudsman for VA is the Associate Deputy Assistant Secretary for Procurement Policy, Systems and Oversight—Ordering and as described in FAR 16.505 (b)(8). Interested parties may obtain the name, telephone number, facsimile number, and e-mail address of the current Associate Deputy Assistant Secretary for Procurement Policy, Systems and Oversight: The Office of Acquisitions (049A), VA Central Office, 810 Vermont Ave., NW., Washington, DC 20420.

30. AMBIGUITY/CONTRACT INTERPRETATION

30.1 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.

31. INVOICING AND PAYMENT

31.1 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.

31.2 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.

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

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

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

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

I hereby certify, to the best of my knowledge and belief that –

1) The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract;

2) Payments to subcontractors and suppliers have been made for previous payments received under this task order, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and requirements of Chapter 39 of Title 31, United States Code;

3) This request for progress payments does not include any amounts, which the general contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

OWNER SIGNATURE & DATE

31.7 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.

31.8 INVOICE CONTENTS

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

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

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

(3) Updated progress and equipment delivery schedules.

31.9 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 852.232-71 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 852.232-71 shall be specifically identified in the schedule of prices. Only approved items shall be eligible for progress payment.

31.10 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.

31.11 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.

32 REGULATIONS

32.1 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.

32.2 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, , 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, .

32.3 Contractors, his 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.

32.4 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.

33 COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS

33.1 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).

33.2 Contractors shall 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.

33.3 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.

34 TRANSPORTATION, HANDLING AND STORAGE

34.1 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.

34.2 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.