36C25619Q0171-001.pdf

36C25619Q0171

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4160.00 HR __________________ __________________

Contractor shall provide qualified trained technicians for on-site call services; to include all labor, materials/parts, software, tools, equipment, supervision and project management to maintain Building and Energy Management Control System (BMS) controlled by Johnson Control, Inc. and Metasys.

Contract Period: Base POP Begin: 04-01-2019 POP End: 03-31-2020

1.00 EA __________________ __________________

Contractor shall provide Network Automation Engine (NAE) 35

Contract Period: Base

Contractor shall provide Network Automation Engine (NAE) 45

Contract Period: Base

Contractor shall provide Network Automation Engine (NAE) 55

Contract Period: Base

1.00 HR __________________ ______N/A_________

Contractor charge of one-hour overtime (OT).

Contract Period: Base

1.00 JB __________________ __________________

Contractor shall provide 80 hours of on-site training and information for the MEDVAMC engineers, maintenance, and supervisory personnel.

Contract Period: Base

Base Year Total: __________________

Contractor shall provide qualified trained technicians for on-site call services; to include all labor, materials/parts, software, tools, equipment, supervision and project management to maintain Building and Energy Management Control System (BMS) controlled by Johnson Control, Inc. and Metasys.

Contract Period: Option 1 POP Begin: 04-01-2020 POP End: 03-31-2021

Contract Period: Option 1

Contractor shall provide Network Automation Engine (NAE) 45 Contract Period: Option 1

Contract Period: Option 1

1.00 HR __________________ ________N/A_______

Contract Period: Option 1 maintenance, and supervisory personnel.

Contract Period: Option 1

Option Year One Total: __________________

Contractor shall provide qualified trained technicians for on-site call services; to include all labor, materials/parts, software, tools, equipment, supervision and project management to maintain Building and Energy Management Control System (BMS) controlled by Johnson Control, Inc. and Metasys.

Contract Period: Option 2 POP Begin: 04-01-2021 POP End: 03-31-2022

Contract Period: Option 2

Contract Period: Option 2

Contract Period: Option 2

1.00 HR __________________ _________N/A______

Contract Period: Option 2 maintenance, and supervisory personnel.

Contract Period: Option 2

POP Begin: 04-01-2021 POP End: 03-31-2022

Option Year Two Total: __________________

Contractor shall provide qualified trained technicians for on-site call services; to include all labor, materials/parts, software, tools, equipment, supervision and project management to maintain Building and Energy Management Control System (BMS) controlled by Johnson Control, Inc. and Metasys.

Contract Period: Option 3 POP Begin: 04-01-2022 POP End: 03-31-2023

Contract Period: Option 3

Contract Period: Option 3

Contract Period: Option 3

1.00 HR __________________ ________N/A_______

Contract Period: Option 3 maintenance, and supervisory personnel.

Contract Period: Option 3

Option Year Three Total: __________________

Contractor shall provide qualified trained technicians for on-site call services; to include all labor, materials/parts, software, tools, equipment, supervision and project management to maintain Building and Energy Management Control System (BMS) controlled by Johnson Control, Inc. and Metasys.

Contract Period: Option 4 POP Begin: 04-01-2023 POP End: 03-31-2024

Contract Period: Option 4

Contract Period: Option 4

POP Begin: 04-01-2023

Contract Period: Option 4

1.00 HR __________________ _______N/A________

Contract Period: Option 4 maintenance, and supervisory personnel.

Contract Period: Option 4

Option Year Four Total: __________________

GRAND TOTAL

(Base and all option, if exercised)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the

Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).”

(End of Price/Cost Schedule)

B.3 STATEMENT OF WORK (SOW)

A. GENERAL INFORMATION

(a) Title of Project: Building and Energy Management Control System Services Contract

(b) Scope of Work: The Contractor shall provide on-site services by a trained certified technician of the existing Building and Energy Management Control System (BMS), components and VA Building Service Equipment (BSE) controlled by the Johnson Control Inc. BMS. The current system is Metasys; which, is manufactured by Johnson Controls, Inc.

(c) Background: The Building and Energy Management Control System (BMS) at the Michael E. DeBakey VA Medical Center (MEDVAMC) is a Metasys system manufactured by Johnson Controls, Inc. It provides automated environmental control on the entire MEDVAMC campus. It is primarily Direct Digital Control (DDC), however some of the parts of the system are still controlled with pneumatic controls. The system requires constant calibration, tuning, preventive maintenance and testing; as well, as repairs. The system is often modified either existing systems or modified through the addition of new systems. Software shall be Sequel Server and current version for Metasys (Non Java Dependent).

The qualified technician should be on site for all chemical deliveries and transfers as necessary.

a) Contract shall also provide for the contractor paying the annual cost of a DSL line until the external communication system can be switched over to the VLAN.

https://www.acquisition.gov/?q=/browse/far/17 https://www.acquisition.gov/?q=/browse/far/17

(d) Definition/Acronyms:

a) Building and Energy Management Control System (BMS)

b) Building Service Equipment (BSE)

c) Michael E. DeBakey VA Medical Center (MEDVAMC)

d) Direct Digital Control (DDC)

e) Contracting Officer (CO)

f) Contract Specialist (CS)

g) Contracting Officer Representative (COR)

h) Heating, ventilation, and air conditioning (HVAC)

i) AutoCAD is a computer-aided design (CAD)

j) Veteran Affairs (VA)

k) Statement of Work (SOW)

l) Preventative Maintenance work order system (MAXIMO)

m) Preventative Maintenance (PM)

n) National Agency Check with Written Inquiries (NACI)

o) Office of Personnel Management (OPM)

p) Office of Management and Budget (OMB)

q) Original Equipment Manufacturer (OEM)

B. CONTRACT AWARD MEETING

The contractor shall not commence performance until a notice of award and to proceed is obtained by the Contracting Officer (CO).

C. GENERAL REQUIREMENTS

(a) Contractor shall provide on-site services by a trained certified technician of the existing Building and Energy Management Control System (BMS), components and VA Building Service Equipment (BSE) controlled by the Johnson Control Inc. BMS. The current system is Metasys; which, is manufactured by Johnson Controls, Inc. The Contractor shall provide qualified services directly by the contractor (i.e. Control System Engineer, Energy Engineer, etc.) to work with Key Facility Management Staff (FMS) (i.e. Michael E. DeBakey VA Medical Center (MEDVAMC) Energy Engineer and MEDVAMC Building Maintenance staff) on BMS tune up, maintenance, calibration, updating, and developing energy conservation control measures and strategies within the BMS, associated equipment and related BSE controlled by BMS.

(b) Contractor shall provide tune-up, calibration and maintenance to include an analysis of the Chiller plant control system, HVAC Control system, as well as applicable building control technologies related to MEDVAMC BSE.

(c) Contractor shall update and correct deficiencies within the existing BMS system and BSE, increase the energy efficiency of the facility through maintenance of the BMS and BMS to provide options and alternatives that may improve the overall BMS (equipment calibration, system modifications, etc.) during the process in accordance to the Medical Center Policy memorandum NO. 138ENG-002.

(d) The Contractor shall work with the facility operators, technicians and energy engineer to develop strategies, schedules, setbacks, calibrations, and adjustments associated with the energy utility systems and shall make ready for system transfer to the new upgrade. The contractor shall also update graphics for each major change to the building or BSE that is made through renovations, editions or equipment replacement.

(e) Contractor shall provide operations and maintenance support to the Energy Control staff by responding to calls of a controls related nature and performing PM, testing, calibration and other work associated with operation of MEDVAMC BSM controls and related BSE controlled by these systems in accordance to the Medical Center Policy memorandum NO.

138ENG-002.

(f) Contractor shall provide up to two (2) qualified technicians directly employed by their company for a maximum of 80 hours (40 hours per technician) per week in lieu of on-site called in services. With a response time of two (2) hours and for an emergency service call response time of one (1) hour. Call backs outside of the above allotted 40 hours for one technician shall be responded to within two (2) hours and shall be paid at the companies’ normal overtime rate.

(g) The Contractor shall provide latest available on the market OEM parts that are discovered to be defective during the Contractor’s schedule service and maintenance program. Contractor shall submit report to the attention of the Contracting Officer (CO) and Contracting Officer Representative (COR) for repair and or replacement.

(h) Contractor shall provide save data from the workstation, to include any user-defined software enhancements, trends and point history. Scheduled database saves are designed to significantly reduce downtime in the event of hardware failure (not less than once per week to the COR).

(i) Contractor shall provide any required preventive maintenance to the energy management systems and components and related BSE controlled by BMS systems to include testing of control and controlled components, replacement of bad components up to the annual limit specified above including valves, dampers and their respective controllers. This shall include all systems both electric and pneumatic.

(j) Contractor shall perform repairs to HVAC energy management systems and components and related BSE. Contractor shall utilize HVAC energy management DDC systems to evaluate equipment performance for operational issues.

Contractor shall provide HVAC energy management reports that are available within the Metasys systems.

(k) Contractor shall make recommendations to VAMC on energy savings opportunities. Contractor shall assist the VAMC on development and programming of HVAC and energy optimization strategies.

(l) Contractor shall provide advanced technical support to HVAC and energy management DDC control system to include re-writing software programs and other hardware related issues with Metasys. Contractor shall be able to obtain all codes to access all levels of the Metasys system and all levels of all chiller on board control systems.

(m) Contractor shall perform comprehensive reviews of the HVAC Direct Digital Controls DDC control system software to develop schedule and model files. Contractor shall Standardize HVAC software programming and sequences throughout the VAMC Complex.

(n) Contractor shall provide technical review sessions to MEDVAMC operational and engineering personnel and contract personnel on HVAC system programming as it pertains to MEDVAMC’s equipment.

(o) Contractor shall provide on-site customer support for HVAC and energy management system operation development and facility planning.

(p) Contractor shall develop software graphics, reports and tools for use by MEDVAMC Operations to enhance troubleshooting and equipment optimization.

(q) Contractor shall provide linking for the Metasys, application feature shall possess the capability to link other programs. Link shall possess the capability for Excel spreadsheet that has the occupied/ unoccupied schedules.

(r) Contractor shall provide advanced programming, testing and inspections of Metasys equipment (i.e. HVAC system programming modifications, tuning Proportional-Integral-Derivative PID loops, etc.…) to include implementing a custom application in Metasys that allows linking to other programs (i.e. Link AutoCAD ACAD drawings for each HVAC system).

(s) Contractor shall develop and initiate alternate energy conservation schemes (supply air reset, static set point reset, chilled water reset, optimized start/stop, etc.)

(t) Contractor shall investigate Metasys systems and the applicability of each of these programs on a system-by-system basis.

(u) Contractor shall develop and implement Energy Spreadsheet Upgrades with the capability to be emailed to the COR.

(v) Contractor shall provide 80 hours of on-site training and information for the MEDVAMC engineers, maintenance, and supervisory personnel. On-site training shall provide an understanding of the control applications and features specific to the system.

(w) Contractor shall develop a comprehensive modeling program for each building to immediately identify all non-compliant issues.

(x) Contractor shall provide information on new technologies and energy management strategies in project form with scope of work and financial analysis

(y) Contractor personnel shall have proper identification, and company shirts identifying them as contractors not VA employees.

(z) Contractor shall successfully complete and pass background investigation. COR shall provide all necessary documents upon award.

D. CHANGES TO STATEMENT OF WORK

In accordance with FAR 52.212-4 (c) changes in the terms and conditions of this Contract may only be made by a written agreement between the parties, and as accomplished by a bi-lateral modification formally executed by the contractor and Contracting Officer. A copy of each modification will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

E. REPORTING REQUIREMENTS

The contractor shall complete a MAXIMO work order for all work completed. Work Orders for all contractor work shall be generated by VA staff. The contractor(s) shall be responsible for filling in all of the details of work completed and returning it to VA staff so the work orders and PM work orders can be closed out in the AEMS/MERS system. This includes all overtime work and callback work. Each work order shall be filled in per the Facilities Management Service Work Order policy. All Preventative Maintenance shall be completed per the MAXIMO Preventative Maintenance work order system. ALL PM work orders shall be given to the COR for closeout at the end of each month.

F. PAYMENT:

Invoices shall be paid monthly. Invoices, SHALL INCLUDE, at a minimum, the following information: Contract Number and Purchase Order Number. The number of hours worked shall be submitted on a spreadsheet, monthly in arrears so the number of hours can be compared to the total hours documented on AEMS/MERS work orders. All parts orders shall be submitted separately monthly, in arrears.

G. INSURANCE:

Worker compensation and employer's liability: Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

a) General Liability: Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

b) Property Damage Liability: Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

H. GOVERNMENT RESPONSIBILITIES

The government has an outside telephone line and the contractor(s) can work on the main energy control computer;

however, the cost of monthly payments shall be borne by the contractor. A workspace within Energy Control is provided.

I. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT

(a) Contractor shall be Fully Qualified based upon training and on experience in the field. For training, the technicians shall have successfully completed a formalized training program, for the specific equipment located within VAMC. This includes training on the Metasys software and shall be able to provide any programming changes or be able to program new installations. The proposed technicians have attended a minimum 40-hour training course specific to Johnson Controls, Inc Metasys systems and shall be able to demonstrate at least annual refresher training for the systems. For field experience, the technicians shall possess experience (except for Metasys equipment newly on the market). The fully qualified technician shall have experience in working on Refrigeration and HVAC systems including chiller systems, heating systems, hydronic systems, air handling and movement systems and distribution and all other facets of HVAC and refrigeration systems.

(b) The technicians shall be employed by the Contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" (as described above) competent technicians. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved technicians for each make and model the Contractor services at the VAMC.

(c) The COR may authenticate the training requirements, certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO and/or COR specifically reserve the right to reject any of the Contractor's personnel that are unqualified or untrained; refusing them permission to work on the VAMC equipment.

(d) Each technician or engineer proposed for this service contract shall meet the requirements as described above.

(e) The contractor shall submit qualifications for technicians proposed for this service contract. The contractor shall identify, by name, the key management and technical personnel who shall work under this contract. The Government reserves the right to review the qualifications of the proposed replacement personnel and to reject individuals who do not meet the qualifications set forth in the SOW.

(f) All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons.

J. CONFIDENTIALITY AND NONDISCLOSURE

(a) It is agreed that; the working papers, application source code, and other material deemed relevant by MEDVAMC, which have been generated by the contractor in the performance of this service contract are the exclusive property of the U.S. Government and shall be submitted to the COR at the conclusion of the contract.

(b) The CO shall be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor.

(c) Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

K. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

(a) All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and shall receive a favorable adjudication from the VA Office of Security and Law Enforcement ten (10) days from award. The contractor shall bear the cost. This requirement is applicable to subcontractor personnel requiring the same access.

a) Position Sensitivity - The position sensitivity has been designated as Moderate Risk.

b) Background Investigation - The level of background investigation commensurate with the required level of access is (NACI) National Agency Check with Written Inquiries).

(b) Contractor Responsibilities - The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, and are able to read, write, speak and understand the English language. The contractor shall submit or have their employees submit the required forms (SF 86 or SF 85P, SF 85P-S, FD 258, Contractor Fingerprint Chart, VA Form 0710, Authority for Release of Information Form, and Optional Forms 306 and

612) to the VA Office of Security and Law Enforcement within 30 days of receipt. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the affected employee from working under the contract.

Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

(c) Government Responsibilities - The COR shall provide the necessary forms to the contractor, or to the contractor’s employees, after receiving a list of names and addresses. Upon receipt, the COR shall review completed forms for accuracy, and forward the forms to the office of Personnel Management (OPM) to conduct background investigations.

The COR shall notify the CO, and contractor, of adjudication results received from OMB. Upon being notified about a favorable determination, the CO may issue a notice to proceed to the contractor.

L. Government personnel observed Holidays

(a) The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

a) New Year's Day January 1

b) Martin Luther King's Birthday Third Monday in January

c) President's Birthday Third Monday in February

d) Memorial Day Last Monday in May

e) Independence Day July 4

f) Labor Day First Monday in September

g) Columbus Day Second Monday in October

h) Veterans Day November 11

i) Thanksgiving Day Fourth Thursday in November

j) Christmas December 25

(b) In addition to the days designated as holidays, the Government observes the following days:

a) Any other day designated by Federal Statute

b) Any other day designated by Executive Order

c) Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation shall be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

(End of Statement of Work)

B.4 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT

SYSTEM (CPARS)

(a) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $250,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

(b) Each contractor whose contract award is estimated to exceed $250,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty (30) days after contract award, and must be kept current should there be any change to the contractor's registered representative.

(c) For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor's performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor's designated representative for comment. The contractor representative will have sixty days to submit any comments and re-assign the report to the VA contracting officer.

(d) Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those sixty days, will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond.

(End of CPARS)

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR Number Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS OCT 2018

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

OCT 2018

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

(End of Clause)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of

Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and

16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

C.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or

SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans

(or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry

Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor

Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR

19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

https://www.vip.vetbiz.gov/

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited

Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal

Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services

Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Texas. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENT

See attached document: S02- Atch_Relevant Experience Form.

See attached document: S02- Atch_Past Performance Questionnaire.

See attached document: S02- Atch_Wage Determination Harris County TX.

See attached document: S02- Atch_MCP_138ENG-002 Work Orders 20161.

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Number Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING JUL 2016

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS OCT 2018

(End of Provision)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting

Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Shasta Britt shasta.britt@va.gov Hand-Carried Address:

Department of Veterans Affairs

Acquisition & Materiel Management Michael E. DeBakey VA Medical Center https://www.sam.gov/

2002 Holcombe BLVD Houston TX 77030 4298 Mailing Address:

Department of Veterans Affairs

Acquisition & Materiel Management Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

(End of Provision)

E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP

2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service

(003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email:

EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Addendum to 52.212-1)

E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) 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, price and other factors considered. The following shall be provided to assist in the assessment of offers:

-Price (see Price/Cost Schedule in Section B of this solicitation)

-Authorized Distributor Letter (Johnson Control, Metasys parts and software from the manufacture)

-Technical Factors

-Relevant Experience (see solicitation attachment)

-Past Performance Form (see solicitation attachment)

-Insurance Certificate -52.212-3 (below) paragraph (c) and (q) (if not done so through SAM)

Award will be made on the basis of best value to the Government meeting or exceeding the acceptability standards for non-cost factors.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(d) The following evaluation factors shall be used to evaluate offers:

(1) FACTOR 1: PRICE

(a) In this factor, price will be evaluated for reasonableness and fairness by comparing contractors price submitted and the government independent government cost estimate.

(2) FACTOR 2: TECHNICAL FACTORS

(a) SUB FACTOR 1 - RELEVANT EXPERIENCE

(1) Contractor shall utilize the attached Relevant Experience Form. Contractor shall document Relevant

Experience demonstrating capabilities in accordance with Statement of Work (SOW).

(2) Company shall have provided these types of services to either a Government or Commercial entity documenting Relevant Experience. At a minimum, your narrative shall include the following:

(i) Organizations relevant experience in providing the services at similar size and complexity as the Michael E.

DeBakey VA Medical Center or commercial entity.

(ii) Organizations size, experience in the field, and resources available to enable the Contractor to fulfill requirements of the size anticipated under any resultant contract;

(iii) Brief history of the organizations activities contributing to the development of expertise and capabilities related to this requirement.

(iv) Information that demonstrates the contractor organizational and accounting controls and manpower presently in-house or the ability to acquire the type and kinds of personnel proposed to become in-house staff.

No substitution for Relevant Experience will be considered.

(b) SUB FACTOR 2. Personnel

(1) Contractor shall submit with technical quote the personnel and duties that shall meet all the requirements per section J of the SOW.

(i) Contractor shall submit with technical quote the names and resumes of employees or prospective employees who are known to the Contractor that are anticipated to fulfill the services of this Statement of Work.

(ii) Names, resumes, licenses and certifications of employees and prospective employees shall be submitted as part of the vendor's technical quote.

(iii) Prospective employees may provide letter of commitments in writing and provide copies of any licenses or certifications.

(c) SUB FACTOR 3. Technical/Management Approach - The Contractor shall demonstrate the following, relevant to the subject procurement.

(1) Contractor shall submit with quote a detailed technical and management plan describing their proposed capability and methods to manage the performance of all work and requirements in Statement of Work (SOW). The plan shall be organized, specific and complete in detail, realistic, and provide a straightforward delineation of the proposed method to provide all labor, license, certification, personnel, material, new equipment, repairs/maintenance, supplies, transportation, management, and supervision to provide for annual preventative and corrective maintenance for all government-owned Metasys Control System at the Michael E. DeBakey VA Medical Center.

(i) Contractor shall submit resources and documentation necessary that together demonstrate an adequate technical approach that will satisfy the government requirements in accordance with SOW.

(2) Contractor shall submit with Technical Quote a copy of company Liability Insurance.

(3) Contractor submitted a copy of his or her quality control plan concurrently with the quote in adherence with

SOW requirements. Offeror shall provide a synopsis of offeror's overall approach to quality control/quality improvement and provide information on proposed quality improvement plan.

Quality control measures shall include, but not be limited to:

(i) Performing all required services per SOW

(ii) Listing all subcontractors and services they shall perform under the contract.

(3) FACTOR 2: PAST PERFORMANCE

(a) In this factor, the Government Past Performance will be evaluated for responsibility purpose only. Contractor’s demonstrating past performance of work of a similar nature and relevance to this procurement within the past three years. Contractor shall utilize the attached Past Performance Questionnaire.