36C25620Q0056-003.pdf

36C25620Q0056

SECTION B - CONTINUATION OF COMBINED SYNOPSIS/SOLICITATION FOR

COMMERCIAL ITEMS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from combined synopsis/solicitation for commercial items)

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

a. CONTRACTOR: Company Name:_________________________________________________

ATTN/POC Name:________________________________________________

Address:________________________________________________________

Phone: _________________________________________________________

Email:__________________________________________________________

DUNS: _________________________________________________________

Tax ID: _________________________________________________________

GSA/FSS, NAC, SEWP Contract# (if applicable): _________________________

b. GOVERNMENT: Shasta Britt

Contract Specialist

Department of Veterans Affairs; Network Contracting Office (NCO) 16

2002 Holcombe Blvd., Bldg. 100 Houston, TX 77030 Phone: 713-791-1414 x21883 Email: shasta.britt@va.gov

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

a. 52.232-33 Payment by Electronic Funds Transfer - System for Award Management through TUNGSTEN

3. INVOICES: Invoices shall be submitted in arrears:

a. Shall submit monthly, quarterly, or annually within 30 days in conclusion of services.

b. The timing of payments to the affiliate for this agreement is payments in arrears.

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

a. Include purchase order number (PO#) on all invoices, located Standard Form 1449 block 4.

b. Facsimile, e-mail, and scanned documents are not acceptable.

c. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

5. Offeror shall complete the following located in Sections B-E of this solicitation:

a. Section B- CONTRACT ADMINISTRATION DATA, CONTRACTOR name, address, phone, and email.

b. Section B- PRICE/COST SCHEDULE, unit price, amount and grand total.

c. Section E- 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS:

• Paragraph (c) Offerors shall complete, if not already completed through SAM.

mailto:shasta.britt@va.gov http://www.tungsten-network.com/US/en/veterans-affairs/

• Paragraph (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law, if not already completed through SAM.

d. Section E- Instruction to Contractor

a. Submission of certification, documentation or proof of capability to meet evaluation factors and

SOW requirements.

b. Past Performance Questionnaire

c. Relevant Experience Form

6. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

(End of Contract Administration Data)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM # DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT

AMOUNT

4.00 QTR

Contractor shall provide quarterly for water testing for Legionella 110 each per quarter.

Unit Price $_________ (x) 110ea (=) $__________ Total per QTR Contract Period: Base POP Begin: 12-23-2019 POP End: 12-22-2020

Contractor shall provide the following quarterly:

# per QTR Unit Price Total per QTR

• water temperature measurement 100 $________ $_________

• free chlorine measurement 100 $________ $_________

• pH measurement 100 $________ $_________

• sampling labor cost (cost per sample) 100 $________ $_________

TOTAL: $_________

Contract Period: Base

Contractor shall provide shipping and reporting costs by 12 hours per quarter.

Unit Price $_________ (x) 12hrs ea (=) $__________ Total per QTR Contract Period: Base

BASE YEAR TOTAL:

Unit Price $_________ (x) 110ea (=) $__________ Total per QTR Contract Period: Option 1 POP Begin: 12-23-2020 POP End: 12-22-2021

# per QTR Unit Price Total per QTR

• water temperature measurement 100 $________ $_________

• free chlorine measurement 100 $________ $_________

• pH measurement 100 $________ $_________

• sampling labor cost (cost per sample) 100 $________ $_________

TOTAL: $_________

Contract Period: Option 1

Unit Price $_________ (x) 12hrs ea (=) $__________ Total per QTR Contract Period: Option 1

OPTION YEAR ONE TOTAL:

Unit Price $_________ (x) 110ea (=) $__________ Total per QTR Contract Period: Option 2 POP Begin: 12-23-2021 POP End: 12-22-2022

# per QTR Unit Price Total per QTR

• water temperature measurement 100 $________ $_________

• free chlorine measurement 100 $________ $_________

• pH measurement 100 $________ $_________

• sampling labor cost (cost per sample) 100 $________ $_________

TOTAL: $_________

Contract Period: Option 2

Unit Price $_________ (x) 12hrs ea (=) $__________ Total per QTR Contract Period: Option 2

OPTION YEAR TWO TOTAL:

Unit Price $_________ (x) 110ea (=) $__________ Total per QTR Contract Period: Option 3 POP Begin: 12-23-2022 POP End: 12-22-2023

# per QTR Unit Price Total per QTR

• water temperature measurement 100 $________ $_________

• free chlorine measurement 100 $________ $_________

• pH measurement 100 $________ $_________

• sampling labor cost (cost per sample) 100 $________ $_________

TOTAL: $_________

Contract Period: Option 3

Unit Price $_________ (x) 12hrs ea (=) $__________ Total per QTR Contract Period: Option 3

OPTION YEAR THREE TOTAL:

Unit Price $_________ (x) 110ea (=) $__________ Total per QTR Contract Period: Option 4 POP Begin: 12-23-2023 POP End: 12-22-2024

# per QTR Unit Price Total per QTR

• water temperature measurement 100 $________ $_________

• free chlorine measurement 100 $________ $_________

• pH measurement 100 $________ $_________

• sampling labor cost (cost per sample) 100 $________ $_________

TOTAL: $_________

Contract Period: Option 4

Unit Price $_________ (x) 12hrs ea (=) $__________ Total per QTR Contract Period: Option 4

OPTION YEAR FOUR TOTAL:

GRAND TOTAL

Plus, all remaining options, exercisable at the

Government’s discretion.

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 REQUIREMENTS

(1) The contractor shall provide services to collect and culture water samples for Legionella pneumophila at the Michael E. DeBakey VA Medical Center (MEDVAMC) on a quarterly basis. This includes collecting the samples, completing chain of custody forms/records, preparing samples for shipment, shipping the samples to a certified laboratory as described in paragraph F below and reporting laboratory results to the Contracting Officer’s Representative (COR).

(2) At each sampling site the contractor shall concurrently measure and record the water temperature in degrees Fahrenheit, the level of free chlorine, and the pH. These results shall also be provided to the COR.

b) SPECIFIC CONTRACT WORK REQUIREMENTS

(1) Culture of Legionella pneumophila from potable water.

i. Contractor shall make arrangements with the COR on a day and time for water sampling.

ii. Prior to water sampling, contractor shall obtain from the certified laboratory all materials needed for sampling. This includes sample bottles, shipping boxes, instructions and chain of custody forms.

iii. On the day of the sample collection contractor shall collect water samples in bottles with chemical neutralizer pellets supplied by the laboratory using the specific instructions supplied by the laboratory.

Contractor shall also complete chain of custody forms/records required by the laboratory.

iv. Contractor shall then package samples in a laboratory-supplied box to be taken to the lab the same day they are completed.

v. Contractor shall be responsible for all shipping and analysis charges.

vi. Contractor shall provide the COR with the analysis report from the laboratory and shall make arrangements to conduct any resampling that may be necessary.

(2) Analysis of other water parameters.

i. At each water sampling site contractor shall concurrently measure and record the water temperature in degrees Fahrenheit, the level of free chlorine, and the pH. Contractor shall record the foregoing parameters as well as the time and date of collection, building, room number, room function, fixture type, whether hot or cold, meter type or measurement method, model number, calibration, and S/N. The choice of fixture types is: shower, bathtub, bathroom sink, room sink, water fountain, ice machine or cooling tower. The individual making these measurements shall also sign the data sheet.

ii. Contractor shall provide a copy of the signed data sheet with all the required information on the day the sampling and testing is completed.

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

(3) Frequency, quantity and locations of sampling.

i. Water sampling and parameter measurements shall be accomplished once each quarter beginning with the

October – December quarter each year. Contractor shall coordinate mutually acceptable sample collection times with the COR. Quarterly sampling shall be accomplished regardless of any resampling that is required due to positive results.

ii. Minimum numbers and general locations of quarterly samples are listed in the table below. These numbers may increase due to the needs of MEDVAMC and the necessity of repeating any samples positive for Legionella.

Quarterly Water Sampling

Location Minimum number of hot water samples

Minimum number of cold-water samples

Estimated additional water samples (hot or cold)

Estimated repeat samples

Estimated quarterly totals

Building 100 (Main Hospital)

25 25 20 5 75

CLC Units 10 10 5 3 28

Fisher House 1 10 10 1 1 22

Fisher House 2 10 10 0 1 21

Fisher House 3 10 10 0 1 21

Totals 65 65 26 11 110

iii. The contractor shall obtain from the COR the exact number and locations of water outlets to be tested at least two weeks before conducting sampling. Water outlets may include showers, bathtubs, bathroom sinks, room sinks, drinking fountains, ice machines or cooling towers.

(4) Sample results shall be emailed to the COR only, within two business days of receipt, including laboratory analysis and chain of custody forms.

(5) Qualifications of contractor: Contractor shall be certified by the state certifying body for the collection and analysis of water samples for environmental pollutants and shall be knowledgeable in measuring temperature, pH and free chlorine. State certification shall be of: direct certification; reciprocal certification; and/or National Environmental Laboratories Accreditation Program (NELAP).

(6) Qualifications of the Legionella testing laboratory. Once collected, samples are to be processed by a testing laboratory with experience in microbial testing of potable water and meeting the following criteria:

i. Laboratories that process the water samples for Legionella shall be certified by the Centers for Disease

Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program or the Public Health England (PHE) External Quality Assessment (EQA) scheme as proficient at performing the culture of Legionella species from environmental samples. NOTE: Per CDC guidance, rapid testing methods, such as polymerase chain reaction (PCR) and direct fluorescent antibody (DFA), are not recommended for the detection of Legionella in environmental water samples. Therefore, laboratories using rapid testing methods are not acceptable for this contract.

ii. In addition to the requirement for current CDC ELITE or PHE Legionella EQA certification, the laboratory shall also have environmental microbiology accreditation by a recognized accrediting program.

iii. The laboratory shall be capable of concentrating water samples prior to plating the samples on selective media to increase the sensitivity of the assay.

iv. If there is a possibility that the facility shall use molecular typing to characterize environmental Legionella isolates, the laboratory shall have facilities for storage of the environmental isolate(s) at least temporarily.

v. The laboratory shall provide detailed instructions for water collection including any provisions for the building’s water containing biocides (e.g. chlorine).

c) SAFETY REQUIREMENTS: In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer, or his/her designee, may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall have one supervisory employee, who shall disseminate requirements to those who work at our facility, report to the Safety Manager’s office for a one-time training class before working on-site. The Contracting Officer or his/her designee shall notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly with such notice, the contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default.

d) PRE-PERFORMANCE CONFERENCE: If the Contracting Officer decides to conduct a pre-performance conference, the successful offeror shall be notified and shall be required to attend. The Contracting Officer’s notification shall include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

e) INVOICE AND PAYMENT: Please submit all invoices in accordance with VAAR Part 852.232-72., invoice shall be billed in arrears, and payment shall be processed upon the receipt of a properly prepared invoice. Payments shall be made monthly via EFT (Electronic Fund Transfer) from the VA Financial Service Center. All invoices shall reference both contract number and purchase order number which shall be issued by the Contracting Officer. Contractor shall be responsible for ensuring to have a correct purchase order number on the invoices. Invoices without purchase order number or with incorrect purchase order number shall be rejected. Bill for only for service provided.

f) SIGNING IN AND OUT: For each visit to the facility, the Contractor shall report to the office below, both upon arrival and prior to departure.

Office Location Phone

Safety, Room 4B-330 Building 100, 4th Floor Facilities Management Service

713-791-1414, ext. 27782 or 27678

g) HOURS OF OPERATIONS:

(1) The Contractor is responsible for conducting business during normal business hours, Monday through Friday from 0700 to 1530, during the times that the COR is available, except for federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

(2) If a holiday falls on a Sunday, the following Monday shall be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also, included would be any day specifically declared by the President of the United States. Contractor is not required to provide any service(s) on nationally recognized U.S. Government holidays, nor shall the contractor be paid for these holidays.

(3) The Contractor shall always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this solicitation when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

(4) The healthcare systems operations are 24/7, 365 days a year, therefore on occasions; the Government may process orders for Veterans outside of normal business hours. The Contractor shall be required to provide services under these circumstances.

h) OVERTIME AND HOLIDAYS:

(1) Any overtime and/or holiday pay that may be entitled to the Contractor’s employee(s) shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government. National Holidays:

- Listed below are the ten (10) national holidays:

i. New Year's Day January 1

ii. Martin Luther King's Birthday Third Monday in January

iii. President's Birthday Third Monday in February

iv. Memorial Day Last Monday in May

v. Independence Day July 4

vi. Labor Day First Monday in September

vii. Columbus Day Second Monday in October

viii. Veterans Day November 11

ix. Thanksgiving Day Fourth Thursday in November

x. Christmas December 25

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

i. Any other day designated by Federal Statute

ii. Any other day designated by Executive Order

iii. Any other day designated by the President’s Proclamation

(3) 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)

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

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

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 2019

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

(End of Clause)

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

C.3 52.216-20 DEFINITE QUANTITY (OCT 1995)

(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule.

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 23, 2024.

C.4 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 30 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) year.

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 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED

SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned

Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor

Information Pages (VIP) database.

(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

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

SDVOSB”:

(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 802.101, 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 part 74 and is so listed in the

Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and

VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(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 eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation.

Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only

VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/krwvyybjyddh0c-y/(https:/www.vip.vetbiz.va.gov)

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and

Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

C.9 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.

C.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: S02- Atch_Wage Determination_Harris County 2019.07.

See attached document: S02- Atch_Past Performance Questionnaire.

See attached document: S02- Atch_Relevant Experience Form.

See attached document: S02- Atch_Contractor Team Arrangements.

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 RFQ SUBMISSION INSTRUCTIONS TO OFFEROR

Offerors are required to complete the Price/Cost Schedule of Services/Supplies (see section B), and FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, acknowledgement of all solicitation Amendments issued, and the information identified below.

a) GENERAL INFORMATION: Selection of an offeror for contract award will be made on the basis of an assessment of each offeror’s response to the Request for Quotes (RFQ). As a Request for Quotes (RFQ) based on Lowest Price Technically Acceptable (LPTA) to the Government of quotes meeting or exceeding the acceptability standards for non-cost factors. Award shall be based upon:

a. Price

b. Past Performance Questionnaire

c. Relevant Experience Form

d. Submission of technical capabilities statement to meet the requirement of the SOW/PWS.

NOTE: Failure to comply with the RFQ requirements may be grounds to eliminate the quotation from further consideration for contract award.

b) THE OFFER: The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFQ. These instructions prescribe the format for the quote and describe the approach for the development and presentation of quotation data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quote.

c) QUOTE PREPARATION INSTRUCTIONS: These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of quotes. Offeror shall carefully review this section prior to commencing preparation of quotes and take the necessary measures to ensure that the information submitted is factual, accurate, and complete. In order for a quote to be considered, Offeror must strictly comply with all instructions outlined in this combined synopsis/solicitation. Failure to furnish quotes that comply with the instructions, at the predetermined due date for submission, may result in elimination from consideration for award. Furthermore, all solicitation amendments (if any) must be acknowledged in accordance with FAR Clause 52.212-1 Instructions to Offerors.

a. Submission Instructions: One electronic copy (email) of all sections of the quote (Technical, Price and Past Performance) shall be submitted to the Contracting Officer via email to shasta.britt@va.gov on or before the due date/time outlined within this combined synopsis/solicitation.

i. All email responses shall reference the solicitation number in the email’s subject line.

ii. Faxed quotes are NOT permitted under any circumstances.

b. Quote Format: All commitments made in the quote may become a part of the resultant contract. The data submitted with each quote should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.

i. Electronic Copy: Provide one (1) electronic copy of the complete quote. Electronic copies must be in Microsoft Word or Adobe Acrobat format, and virus checked prior to submission.

ii. Offeror may, at the discretion of the government, be asked to provide information for clarification purposes regarding their quote. Requests for clarification of information does not constitute discussions.

iii. The Offeror shall be held responsible for the validity of all information supplied in his/her quote, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the quote may be rejected and received no further consideration.

c. Quote Factor Requirements

i. Factor 1 - PRICING: Offeror shall complete Section B: Price/Cost Schedule

ii. Factor 2 - TECHNICAL - General Instructions: The technical Factor should include necessary information regarding the offeror’s ability to perform all requirements outlined in the solicitation. Failure to provide a technical quote in accordance with the solicitation instructions may render a quote incomplete and ineligible for award.

1. Technical quotes shall not include price or pricing information.

a. Offeror shall complete Section B: Contract Administration Data.

b. Offeror shall complete attachment Relevant Experience Form (The Government will review the

Relevant Experience of the Offeror, including subcontractors and Joint Ventures/ Contractor Team Arrangements, on projects submitted in response to this solicitation. "Same or Similar" as referenced below, is defined as experience on projects that are the same or similar in size, scope, complexity, and dollar magnitude as the project described in the solicitation.

i. Relevant Experience Form is attached to the Solicitation.

ii. Contractor Team Arrangements Instruction is attached to the solicitation.

2. Offerors must meet all the following standards to receive a "GO" or acceptable rating on this factor:

a. At least two (2) of the projects submitted must be the same or similar to this work requirement (e.g., maintenance, repair, or update) described in this solicitation.

b. At least one of the two projects submitted must be 100% complete.

c. Standard for Acceptability: This standard is met when the offeror can identify two or more projects meeting the criteria noted above.

3. Offeror shall complete all requirements set forth within Instructions to Offeror.

4. Offeror shall be certified by the state certifying body for the collection and analysis of water samples for environmental pollutants and shall be knowledgeable in measuring temperature, pH and free chlorine. State certification shall be of: direct certification; reciprocal certification; and/or National Environmental Laboratories Accreditation Program (NELAP).

5. All quotes shall include a statement regarding the terms and conditions herein as follows:

a. “The terms and conditions contained in the solicitation are acceptable to be included in the award document without modification, deletion or addition.”

b. “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following.”

iii. Factor 3 - PAST PERFORMANCE: The offeror shall send the attached Past Performance Questionnaire to each of their references listed under – Relevant Experience form. Offerors shall submit past or current contracts, to include public (Federal, State and local government) and private commercial sector. A minimum of two (2) with no more than four (4) references shall be accepted.

mailto:jeneice.mcclinton@va.gov

1. Offerors’ past performance history will be evaluated by the government for the purpose of evaluating performance risk. It is each offeror’s responsibility to forward the questionnaire to any of its past or current customers. The Government will not evaluate completed questionnaires provided by the offeror. Only relevant services performed within three years of the Solicitation’s issuance date will receive evaluation credit. Relevance is defined as similar size, scope, and magnitude as the requirements specified in the Solicitation’s performance work statement. The Government’s past performance evaluation may extend beyond the received questionnaires to any other source of information made known to the government. Offerors with no relevant past performance history will not be evaluated favorably or unfavorably but will receive a ‘neutral.’

a. A Past Performance questionnaire is attached to the solicitation.

d) BASIS FOR CONTRACT AWARD: This procurement is being conducted under FAR Part 13. Award shall be based upon price and non-price factors evaluated by Lowest Price Technically Acceptable (LPTA).

e) FAILURE TO COMPLY: Failure to submit the necessary information may render the RFQ unacceptable, in which case it will not be considered for award. Quote will be evaluated in accordance with the criteria set forth above.

Perspective offerors are encouraged to submit initial quote that represent the best terms and conditions of the offeror.

(End of Instructions to Offerors)

E.2 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY

REFERENCE (JAN 2008)

The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by

Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

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

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—

REPRESENTATION AND CERTIFICATIONS

AUG 2018

(End of Provision)

E.3 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE ACQUISITION PLAN

(SEP 2019)

Offerors shall include a Sustainable Acquisition Plan in their technical proposals. The plan must describe the approach and quality assurance mechanisms for applying FAR subpart 23.1, Sustainable Acquisition Policy and other Federal laws, regulations and Executive Orders governing sustainable acquisition. The plan shall clearly identify those products and services included in the proposal.

(End of Addendum to 52.212-1)

E.4 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 by

Lowest Price Technically Acceptable (LPTA). The following factors shall be used to evaluate offers:

a. Factor 1: Price

b. Factor 2: Technical

c. Factor 3: Past Performance

(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.

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

(OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB

Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

https://www.sam.gov/

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89,…