36C25224R0011_1.docx

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C25224R0011 01-19-2024 Steven Helm steven.helm@va.gov 02-23-2024

1:00PM

CST

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53215-1476 X X 541620 $19 Million N/A X Department of Veterans Affairs Tomah VA Medical Center 500 Veterans Street Tomah WI 54660 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road North Chicago IL 60064

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page Project 676-24-500: IDIQ Contract for Asbestos Containing Material (ACM) Testing and Monitoring (T&M).

The contractor shall furnish all labor, materials, equipment, tools, and qualified supervision for testing and monitoring services for various abatement activities at the Tomah VA Medi c al Center, Tomah, WI.

NAICS Code: 541620; Size Standard: $19M Task Orders will be issued for individual projects. The contract will be issued for a five (5) Year Ordering Period.

Individual Task Orders will not exceed $100,000 nor be less than $2,000. the minimum guarantee is $5,000 and the maximum contract value is $750,000.

This solicitation features a "Seed Project". A Seed Project proposal is required to be considered for IDIQ Award.

The “Seed Project” is Project 676-15-201 ; Task Order#01 See CONTINUATION Page X X X Steve Helm Contracting Officer

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: STEVEN HELM, CONTRACTING OFFICER

CONTRACTING OFFICE CODE: 36C252

MILWAUKEE WI 53214

ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of amendment to the Solicitation numbered and dated as follows:

1. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

2. INVOICES:

a. Invoices shall be submitted in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, task order number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

3. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

4. CONTRACTING OFFICER AUTHORITY:

The CO (Contracting Officer) is the only person authorized to approve changes or modify any of the requirements under this IDIQ. The Contractor shall communicate with the Contracting Officer on all matters pertaining to the IDIA and Task Order administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this IDIQ and any Task Orders. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the IDIQ or call price to cover any increase in cost incurred thereof.

5. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

a. All VA property is considered Federal property and all Federal laws are applicable.

b. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

c. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

d. All contractor personnel are required to adhere to all VA rules and regulations.

e. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

f. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

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B.2 CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS AS FOLLOWS:

INQUIRIES and RFIs:

Inquiries and all correspondence concerning this solicitation document should be submitted in writing to both the Contracting Officer and Contract Specialist. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACTING OFFICER ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT. TELEPHONE INQUIRES WILL NOT BE ACCEPTED.

Requests for information or clarifications to solicitation documents shall be submitted to the Contracting Officer, Steve Helm, at steven.helm@va.gov for action for action no later than February 2, 2024 at 4:30PM (CST). All RFIs or clarifications sent to the government will have the following SUBJECT Line: RFI-36C25224R0011-[COMPANY NAME]

PROPOSAL SUBMISSION / DUE DATE:

Proposals are due no later than February 23, 2024 at 1:00PM (CDT). This is in accordance with the “Due Date” in Block 8 of the SF 1449.

Proposals will be submitted via email to the Contracting Officer, steven.helm@va.gov. All proposals sent to the government will have the following SUBJECT Line: RFP- 36C25224R0011-[COMPANY NAME].

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021): The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, as evidenced by being Lowest Price and Technically Acceptable (LPTA). All solicitations must shall adhere to the proposal evaluation criteria is found in this solicitation on page 51, FAR 52.212-2.

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 clause 52.222-37, Employment Reports Veterans (JUN 2020) incorporated under FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (JUN 2023)

VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction is included in this solicitation; signed certification must accompany bid to be considered for award.

Compliance with VHA Directive 1192.0:

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. Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility. 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

SCOPE OF WORK

Asbestos Containing Materials Testing & Monitoring IDIQ Dated: 12/28/2023

I. TESTING AND MONITORING CONSTRUCTION SERVICES

A. Provide hazardous materials abatement Testing & Monitoring (T&M) services during construction renovation projects. IDIQ T&M Contractor shall act as VA 3rd party agent and provide oversight, inspections, as well as submittal and workplan reviews for abatement operations as provided by the General Contractor, abatement specialty sub-contractor and their T&M oversight specialist. T&M Contractor shall remain onsite during all abatement operations and perform inspections, background tests, daily sampling (as required) and testing, and final clearance reports according to each Task Order SOW.

B. Deliverables include, but are not limited to, Daily Logs (ESRs) showing hours, personnel onsite and work completed and a Final Abatement T&M report. All work will be for the Tomah VA Medical Center, Tomah, Wisconsin. Task orders shall be based on individual projects and may be issued for a period of five (5) calendar years from date of award. Individual task orders shall not exceed a maximum value of $100,000.00 or less than a minimum value of $2,000.00. The minimum guaranteed value of the contract shall be $5,000.00 for the contract period. The total maximum value of the contract is $750,000.00. The Contracting Officer will accomplish appointment of a COR.

C. Issuance of a Task Order shall not be affected until agreement has been reached by the T&M Contractor and the Contracting Officer. Work to be performed shall begin after issuance of the Task Order.

D. The services to be supplied shall include:

1. Cost to be based on salary rates as specified.

2. A statement that Testing & Monitoring (T&M) can be completed during the abatement sub-contractor’s intended schedule.

3. Daily reports shall be submitted to the Contracting Officer’s Representative (COR).

4. Payment shall be based on percentage of work completed for each Task Order.

5. Visits to the site, holding conferences and discussions with the Government representatives, and any other action required to obtain the necessary data.

6. Review of construction drawings, specifications, submittals, RFIs and other pertinent documents prior to work beginning.

7. Preparation deliverables during the construction (abatement) period.

8. The T&M Contractor shall employ professional personnel to perform the services required. No substitution of assigned personnel to be made without the advance written approval of the Contracting Officer.

II. MASTER CONTRACT

A. This is a master contract requiring the T&M Contractor to provide the supplemental input of multi-disciplines per task order for projects.

III. DESCRIPTION OF SERVICES

A. The intent of each Task Order will be to provide standard environmental samplings, inspections, testing, oversight, and monitoring services during the hazardous materials (asbestos) remediation (abatement) performed as part of each renovation construction contract. Professional Industrial Hygienist services meeting this requirement shall be provided during the asbestos remediation contractor’s scheduled abatement work. The work will take place at the Tomah VA Medical Center, Tomah, Wisconsin.

B. T&M tasks are detailed clearly in Section 2.2 of Specification Section 02 82 11.

C. The T&M Contractor shall:

1. Review and recommend to the Government the approval or rejection of shop drawings, samples, work plans, submittals, equipment lists, and data applicable during the abatement period.

2. Report directly to the VA and shall ensure the construction contractor and the construction contractor’s subcontractors adhere to the abatement and testing requirements of the contract.

3. Furnish progress reports of the work daily (i.e. Employee/Vendor Service Report or ESR). Daily Log to include personnel onsite, work completed, inspections, samples taken. Minimum information on ESR shall include:

a. Name of Contractor.

b. Name of Field Service Employee (FSE) who performed services.

c. Contractor service ESR number/log number.

d. Date, time (starting and ending), equipment downtime, and hours on-site.

e. VA purchase order number.

f. Work completed to include location, equipment and materials used.

g. Signatures of the FSE performing the services and the VA employee who witnessed the services described.

4. Closely coordinate work performed with the related work of the General Contractor, abatement sub-contractor, the abatement sub-contractor’s T&M specialist and Government staff personnel (Safety Department, Asbestos-Team).

5. Promptly report to the COR and Contracting Officer any ambiguities or discrepancies found in the project requirements, criteria, or documents, involving T&M Contractor work or the work of the Government.

6. Visit the project sites, hold (telephone) conferences and discussions with the Government representatives, and take such other action as may be necessary to complete the work as detailed in the SOW for each Task Order.

7. Review General Contractor’s abatement reports and final manifests to assist the VA in determining final abatement quantities.

8. Report results from testing activities to the VA according to the below standards:

a. Sample Analysis Air (asbestos): Report in 24-hours or less

b. Verbal Reports shall be provided once T&M Contractor receives results. Written report shall be completed within 7-10 days after results are received.

9. Provide a Final Report, including and incorporating VA Form 0018 “Industrial Hygiene Sampling Data” tabbed in the following format:

a. Executive Summary

b. Purpose/Problem Statement

c. Inspection results and recommendations for contractor to correct or accomplish

d. Sampling and Analytical Methods

e. Sampling Locations and Agents

f. Sampling Results by Location and Individual

g. OSHA, American Association of Government Industrial Hygienists (ACGIH), or National Institute of Occupational Safety and Health (NIOSH) Recommendations, on Exposure Levels

h. Conclusions and Recommendations

D. The T&M Contractor shall familiarize themselves with the contract specifications regarding this project and ensure that abatement and T&M services meet these requirements. VA will provide individual contract documents included hazardous abatement plans, specifications, submittals and RFIs pertinent to the project to the T&M Contractor as part of each Task Order request.

E. The T&M Contractor shall allocate his work effort to fit in with the General Contractor’s (GC) schedule. The GC’s schedule is the limiting factor for the work.

F. The T&M Contractor shall furnish all materials, equipment, and personnel necessary to accomplish this work as defined. This work shall be performed in accordance with Federal, State and Local regulations, Occupational Safety and Health Administration (OSHA) & United States Environmental Protection Agency (EPA) requirements, and VA Guidelines.

G. Minimum Qualifications:

1. The T&M Contractor shall provide at least one (1) qualified Professional Industrial Hygienist (PIH) and the necessary support personnel to perform the requirements of each Task Order.

2. A PIH must meet the minimum qualifications listed below:

i. Meets OSHA's definition of a "competent person" under 29 CFR 1926.1101(b).

ii. Has completed formal training in respiratory protection, waste disposal, hazardous waste management, project management, and performing environmental assessments.

iii. Provide support staff and backup capacity to provided adequate level of support throughout the performance of contract work.

iv. The PIH must have performed a minimum of two (2) environmental assessments, performed abatement construction monitoring for a minimum of two (2) projects, conducted the final inspection and clearance testing for a least two (2) projects.

v. Laboratory testing for PMC's must be done by an AIHA accredited laboratory. Bulk sampling should be done by a NAVLAP approved laboratory

vi. Has completed two specialized EPA approved courses on management and supervision of asbestos abatement projects.

vii. Has a minimum of four projects of similar complexity (within an active medical center) of which at least three projects serving as the supervisory IH.

3. Laboratory testing shall be completed by an AIHA (American Industrial Hygiene Association) accredited laboratory. Bulk sampling (as required by Task Order SOW) shall be completed by a NVLAP (National Voluntary Laboratory Accreditation Program) approved laboratory.

4. The Government reserves the right to approve or disapprove personnel based on the position requirements stated in the proposal.

5. The Government will not exercise any supervision or control over T&M Contractor employees performing work under the contract. Such employees shall be accountable solely to the T&M Contractor, not the Government. The T&M Contractor, in turn shall be accountable to the Government for contractor employees.

6. The T&M Contractor shall not conduct abatement or testing and monitoring services for the General Contractor in the performance of each Task Order.

IV. TASK ORDER PROCEDURE

A. As the need for T&M services covered by this contract may arise, the Government will issue to the T&M Contractor a draft Task Order Statement of Work (SOW) with all necessary documentation or project requirements under cover of a written request for a proposal to perform the required services.

B. The T&M Contractor shall promptly submit a proposal which includes a detailed cost or pricing breakdown on VA Form 10-6298 including a cover letter on contractor’s letterhead.

C. When agreement has been reached on services to be performed, fee, and time for completion, the parties shall execute a Task Order to this contract, reflecting all terms agreed upon.

D. If agreement cannot be reached, neither party will be under any obligation to the other, with respect to the services covered by the draft Task Order.

E. No work shall be performed on an individual Task Order until the Contracting Officer has signed the Task Order.

F. The Government shall:

1. Furnish a Task Order SOW specifying the specific services to be performed by the T&M Contractor.

2. Provide background information (drawings, specifications, quantities, submittals, RFIs, abatement schedule, contractor contact information [GC, abatement contractor and abatement contractor T&M specialist]) or other information as requested by the T&M Contractor.

3. Review and comment on all material delivered to the Government as part of each Task Order.

4. Obtain bids, award contracts, provide final approvals of materials and submittals, and administer and inspect the construction when required.

5. Plan to issue Task Order Notice to Proceed in conjunction with GC mobilization to not impact the General Contractor’s schedule.

V. GOVERNMENT NEEDS

The Government is under no obligation to issue Task Orders in connection with this contract, unless the Government subsequently determines a special need for the services of the T&M Contractor. At its own discretion, the Government may perform the services or similar services itself or employ others separately to perform them.

VI. SUBMISSIONS

Each Task Order will establish a schedule for deliverables in the SOW. Failure by the T&M Contractor to diligently prosecute his work to successfully meet the required delivery dates will be sufficient grounds for the Contracting Officer to terminate the contract. The completion dates may be extended in the event performance is delayed due to causes beyond the control and without the fault or negligence of the T&M Contractor as determined by the Contracting Officer.

VII. SCHEDULING OF WORK

A. Before commencement of work, the Testing & Monitoring contractor shall confer with the COR, the construction contractor, and the hazardous materials abatement contractor to coordinate and agree on a sequence of procedures; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; location of partitions, eating spaces, and restrooms for contractor employees; and the like (as applicable).

B. Contractor's delivery of service/delivery of materials and equipment shall be made with a minimum interference to Government operations and personnel. Abatement and Testing & Monitoring work will be accomplished during normal work hours (7:30 am to 4:30 pm) and during off-shift working hours.

C. The work shall, so far as practicable, be done in definite sections or divisions, and confined to limited areas which shall take all precautions to ensure that no damage will result from his operations to private or public property.

D. The hazardous materials abatement contractor shall be responsible for providing all work site protective barriers and site control devices, and the testing & monitoring contractor shall inspect work site protective barriers. Any proposed traffic control methods shall be submitted to the COR for final approval. No area shall be completely closed to traffic without prior approval from the COR.

E. At the beginning of each working day, the contractors shall notify the COR, by email, of the location(s) of work to be accomplished that day.

VIII. HOURS OF OPERATION

A. Normal hours of operation are Monday through Friday from 7:30 am to 4:30 pm, excluding holidays.

B. Federal and National Holidays observed by the VAMC are:

New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day M L King's Birthday President's Day Juneteenth Columbus Day Veterans Day

C. Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

D. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

IX. KEY PERSONNEL

The T&M Contractor shall employ the required professional personnel to perform the services required under this contract and each Task Order. Work shall not be sub-contracted without prior approval of the Contracting Officer. No substitution will be made without the advance written approval of the Contracting Officer and the T&M Contractor shall provide a written explanation of the necessity for the change. No increase in salary rates will be allowed when personnel substitution is authorized.

X. FEE AND PAYMENT

A. The Government shall pay the T&M Contractor for all services and materials outlined in this contract. The actual fee will be established by subsequently issued Task Orders.

B. Task Order fees are based on the Price Schedule for Services and unit costs are based on the Turn Around Time to provide deliverables.

XI. TRAVEL

Travel required to be performed in connection with a Task Order (mobilizations, site visits for survey/investigative services, meetings, or inspections) shall be included in the detailed cost breakdown on VA Form 10-6298. All other travel expenses shall be without additional expense to the Government.

XII. RELEASE OF INFORMATION

During the performance of this contract, the T&M Contractor shall not disseminate any information concerning the specific Task Orders without prior approval of the Government.

S02 – 36C25224R0011 Page 15 of 74

Statement of Work (SEED PROJECT) Asbestos Containing Materials Testing & Monitoring Project: 676-15-201 Renovate B406 Third Floor Dated: 1/10/2024

I. TESTING AND MONITORING CONSTRUCTION SERVICES. Shall conform with services required in the Base IDIQ.

II. DESCRIPTION OF SERVCIES

A. The intent of this Environmental Service Contract will be to provide standard environmental samplings, inspections, testing, oversight, and monitoring services during the hazardous materials (asbestos) remediation (abatement) performed as part of the Renovate B406 Third Floor construction contract. This project will consist of removing all existing MEP and finishes in their entirety and small portions of HVAC ducting on the second floor. These services are abbreviated as “T&M” subsequently in this document. Professional Industrial Hygienist services meeting this requirement shall be provided during the asbestos remediation contractor’s scheduled abatement work. The Government shall notify the contractor of the need for these professional ACM testing and monitoring services at least two weeks before the abatement work is to commence. The work will take place at the Tomah VA Medical Center, Tomah, Wisconsin; Building 406.

B. The T&M contractor shall conform to all services and requirements listed in the Base IDIQ Scope of Work to include but not limited to; tasks, reporting requirements, and qualifications.

III. INFORMATION PERTAINING TO CONSTRUCTION COORDINATION.

A. The VA’s ACM T&M contractor will report directly to the VA and shall ensure the construction contractor and the construction contractor’s subcontractors adhere to the abatement and testing requirements of the contract. A construction General Contractor has been awarded a separate and corresponding construction contract which will include abatement of ACM materials as well as testing and monitoring reporting directly to the abatement contractor. The ACM T&M contractor under this contract is prohibited from being subcontracted by the General Contractor for abatement or testing and monitoring for this project.

B. It is anticipated that the construction contractor will mobilize February 12, 2024. Once approved, the construction schedule will be shared with the ACM T&M contractor for coordination and scheduling activities. The construction contract shall begin with demolition and abatement activities. It is anticipated that abatement activities will begin mid-March. The T&M contractor shall coordinate abatement testing and monitoring activities with the General Contractor and the General Contractor’s abatement subcontractor. The construction contract is bound by the following phases/milestones:

i. Notice to Proceed was issued December 11, 2023.

ii. Pre-Construction Period (submittals) shall be complete within 60 days of NTP.

iii. VA Submittal Review Period shall be complete within 90 days of NTP.

C. Per the General Contractor’s schedule, demolition and abatement activities should be completed within two months of mobilization. Likewise, the T&M contractor’s testing and monitoring activities shall conclude by the same date. The final report shall be submitted within 30 days of the construction contractor’s completion of the project’s demolition and abatement services.

IV. HAZARDOUS MATERIALS ASSOCIATED WITH B406 THIRD FLOOR

a. The construction contractor’s asbestos/hazardous materials abatement contractor shall remove all identified hazardous materials in compliance with applicable codes and laws.

b. Abatement testing and monitoring services are required for the duration of the abatement/demolition. Abatement is assumed to require 15 days to complete. Assume the third floor will be broken up into six containment areas with all asbestos abated in each area at one time, approximately 14,884 SF total. Assume the second floor will be broken up into four 500 SF containment areas.

c. Abatement testing and monitoring is required for:

i. The removal of ACM in flooring mastic (approximately 4,000 square feet).

ii. The removal of ACM in duct sealant on HVAC air duct joints on 2nd floor (assume four containment areas and 150 linear feet of ducting).

iii. The removal of ACM in duct sealant on HVAC air duct joints on the 3rd floor (approximately 2,000 linear feet of ducting)

iv. The removal of unforeseen in wall ACM pipe insulation (approximately 1,000 LF).

v. The removal of Transite insulation panels behind convector units at each window (approximately 92- 3’ x 4’ panels)

d. Based on the age of Building 406, it is assumed lead paint is within the project area. However, lead abatement or T&M activities are not required. The demolition contractor shall employ lead stabilization prior to demolition activities and all debris materials shall be disposed of appropriately. The T&M contractor shall have no lead abatement/oversight during these services.

e. Review the attachments showing demolition requirements for more information on the construction contractor’s abatement requirements.

6. SCHEDULING OF WORK. Per the Base IDIQ Scope of Work.

7. HOURS OF OPERATION. Per the Base IDIQ Scope of Work.

END OF SOW

Attachments:

· Renovate B406 Third Floor- Partial Drawing Set

· Partial Asbestos Sampling Report 2015 Pages from 2015 ACM Inventory B406

BASE – IDIQ

PRICE SCHEDULE FOR SERVICES

Escalation per Year: _____%

1. RATES FOR FULL-DAY SURVEY (4hrs<full day<8 hrs)

2. RATES FOR HALF-DAY SURVEY (<4hrs; minimum 4hrs)

3. Asbestos Sampling and Testing

REFERENCE: 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

NOTICE TO OFFERORS: A single award will be made to the offeror who submits the lowest responsive offer. Total evaluated price will be used to determine the lowest responsive offer, which is the sum of Task Order #01 for the BASE Ordering Period plus the sum of Task Order #01 for the First Ordering Period.

PRICE SCHEUDLE FOR SERVICES

TASK ORDER# 01

Project 676-15-201, Renovate B406 Third Floor

(SEED PROJECT)

The VA will use the following quantities to determine each offerors price. These quantities will be the numbers for the first Task Order.

Quantity Turn Around Time (TAT) Unit Cost

TOTAL TAT COST

1. RATES FOR FULL-DAY SURVEY (4hrs<full day<8 hrs)

6. OTHER SERVICES

TOTAL

S02 – 36C25224R0011 Page 19 of 74

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license…