36C25923Q0642.docx

36C25923Q0642

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C25923Q0642 07-21-2023 Angel Waalkes 303-712-5781 08-08-2023

10:00 AM

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 541330 $25.5 Million N/A X Oklahoma City VA health Care System 921 NE 13th Street Oklahoma City OK 73104 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Construction Management and Engineering Consulting Services for the Oklahoma City VA Health Care System.

Respond to Solicitation by email to angela.waalkes@va.gov by date and time in Block 8 above. Faxes will not be accepted.

Ensure e-mail sizes do not exceed 5MB per e-mail. If sending multiple e-mails, indicate "___of___" to ensure all are received. Suggest vendors request confirmation of receipt.

Offer must be & remain "Active" in SAMs entire contract term This is a "Comparative Analysis" Evaluation, not price only.

See E.2 52.212-2 Evaluation-Commercial Items

1. Price 2. Technical Capability & 3. Past Performance Questions may be asked and are due no later than 1:00pm CST 7/27/2023. Responses will be provided via amendment.

POC for this RFQ is Angel Waalkes, angela.waalkes@va.gov See CONTINUATION Page X X Lance Davis Contracting Officer Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

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

3. INVOICES: Invoices shall be submitted 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.

Department of Veterans Affairs, Tungsten http://www.tungsten-network.com/US/en/veteransaffairs/

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

Page 1 of Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 Performance Work Statement

PERFORMANCE WORK STATEMENT

Construction Management and Engineering Consulting Services VA Medical Center Oklahoma City VA Health Care System

The Oklahoma City CM Contractor shall perform Construction Management (CM) and Engineering Consulting Services Related to Real Property as described in the following paragraphs.

Construction Management and Engineering Requirements: Provide the following for the Oklahoma City VAMC Engineering Services department including construction management and administrative support in man-hours as outlined in the Bid Schedule

GENERAL REQUIREMENTS

Location of Performance:

VA Medical Center 921 NE 13th St Oklahoma City OK 73104

1.1 Project Information/Scope. The Construction Management Contractor (CMC) shall provide Construction Management (CM) and Engineering Consulting Services related to real property including, but not limited to those described below, to assist the Oklahoma City Engineering Services department.

1.2 Construction Management Contractor’s Responsibility. The overall management responsibility is to assist the OKC Engineering Services department in preparing documents supporting maintenance and construction project planning, programming and procurement and to assist in the monitoring of ongoing construction contracts at this station. The CMC has no authority to direct the construction contractor(s) in any way regarding methods or procedures and shall not interfere with methods of performance unless life and/or property are endangered. The designated Government representative will be responsible for and sign, all correspondence and specific directives to those contractors.

1.3 Personnel. The CMC shall provide technically competent and appropriately qualified personnel with an engineering degree from an ABET or NAAB accredited school or equivalent or a technician who is supervised and directed by a qualified CM Engineer. The CMC performing construction management shall be titled “Construction Manager” (CM).

· The CM shall possess the skills and abilities to communicate effectively in English both orally and in writing and experience in preparing correspondence, written reports, and in briefing management personnel.

· CMC personnel shall have knowledge of construction scheduling methods and of building and construction crafts since they are required to verify that construction and maintenance work is performed in accordance with project plans and specifications and according to industry standards of workmanship.

· CMC personnel shall abide by applicable station rules and requirements. The CMC shall be responsible for providing the necessary managerial, engineering, and clerical support personnel to support assigned tasks.

· The CMC shall, at no additional costs to the Government, procure individual specialists necessary to provide technical services required on a periodic basis, should these services not be available from employees of the CMC.

· The CMC will minimize changes to personnel to maintain continuity, knowledge of the contract and retraining of staff.

· All CM contractor employees working under this contract shall ensure that they identify themselves as CMC when interacting with the Government or construction contractors.

1.4 Professional Supervision. All services provided under this contract shall be performed under the supervision and direction of a competent professional acceptable to the Contracting Officer. They shall be responsible for assuring that personnel used in performance of the construction management services have appropriate qualifications for accomplishment of the tasks assigned. The Government may, in writing, require the CMC to remove from the work any of its personnel that the Government reasonably determines are unqualified or otherwise fail to adequately perform tasks assigned to them.

1.5 Applicable Documents. The following provides specific and general guidance in the performance of construction management services under this contract. In providing construction management services, the CMC shall be guided by the following and the procedures, requirements, and methodology described below and in any referenced documents. Referenced document procedures, requirements, and methodology shall be used by the contractor unless they conflict with those in the scope of work, in which case the scope of work shall govern.

2. CONDUCT OF CONSTRUCTION MANAGEMENT CONTRACTOR

2.1 Conduct of Construction Management Personnel. All CMC employees and subcontractor personnel are prohibited from engaging in any action which might result in, or reasonably be expected to create the appearance of:

a. Soliciting or accepting financial or other consideration directly or indirectly from construction contractors performing work for the Veteran’s Affair.

b. Giving preferential treatment to any persons affiliated with construction contractors or suppliers engaged in performing or seeking to perform contracts with Veteran’s Affair.

2.2 Restrictions on CMC. The CMC and its affiliates are not permitted to compete for construction contracts covered by this construction management contract or being performed at the same time and within the same area covered by the construction engineering consulting services.

3. SCHEDULE OF CONSTRUCTION MANAGEMENT SERVICE

3.1 Constructability and Phasing Review, Design Review: Constructability review of design completed by in-house or by firms hired by the Oklahoma City VA for code compliance and constructability. This also includes NRM construction, In-house funded and leased designs and submittals. It also includes work to aid COR in review of product submittals and other type ‘C’ construction period services. Oklahoma City anticipates approximately 2,175 hours of effort in this category.

· Delivery Product: Summary report of findings.

· Delivery Dates: Generally, 2-3 weeks from task assignment. Reviews are to be no longer than two weeks unless a different delivery time is mutually agreed to between CO and the contractor of this contract.

3.2 Procurement package development: Develop procurement packages for maintenance service, NRM projects, and Maintenance agreements. This includes the Statement of Work (SOW), Cost Estimate, developing General Requirement, initial concepts and supporting sketches as appropriate. Oklahoma City anticipates approximately 1,425 hours of effort in this category.

· Delivery Product: Complete Procurement Package. Reviews between contractor and VA as necessary to ensure product meets what was requested.

· Delivery Dates: Final product delivery will generally be 2-3 weeks from task assignment.

3.3 Site Investigation: Develop plans and solutions to identified problem areas by assisting staff in investigating areas of the facility. This includes discussions with engineering, medical and support staff and reviewing exiting facilities documents and assisting in planning future projects. Oklahoma City anticipates approximately 1,125 hours of effort in this category.

· Delivery Product: Narrative of findings and recommended solution. Reviews between contractor and VA as necessary to ensure product meets what was requested.

· Delivery Dates: Final product delivery will generally be 2-3 weeks from task assignment.

3.4 Design and Construction Quality Assurance: Develop a program for the systematic monitoring and aspect evaluation of a project to ensure that standards of quality are being met. The quality requirements for material and workmanship are to be incorporated into a construction project and the acceptance criteria by which the project will verify conformance with the plans and specifications. Oklahoma City anticipates approximately 2,775 hours of effort in this category.

· Delivery Product: Narrative of findings and recommended solution. Reviews between contractor and VA as necessary to ensure product meets what was requested.

· Delivery Dates: Final product delivery will generally be 2-3 weeks from task assignment.

4. VHA RECORDS POLICY

All Veterans Health Administration (VHA) records (administrative and/or health specific) created during the period of the contract belong to Oklahoma City VA Healthcare System (OKC VAHCS). VHA records must always be handled by contractors and subcontractors in accordance with National Archives and Records Administration (NARA) requirements and as outlined in VHA Directive 6300 Records and Information Management and its Handbook 6300.1 Records Management Procedures, VHA Records Control Schedule 10-1, and VHA Handbook 6500.1 regarding Electronic Media Sanitization. Said records must also be returned to the OKC VAHCS at the end of the contract and/or destroyed in accordance with the VHA Record Control Schedule (RCS)10-1. For questions or clarification, please contact the Contracting Officer and/or the Oklahoma City VA Records Officer.

DEFINITIONS

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Oklahoma City VA Healthcare System records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their Oklahoma City VA Healthcare System contract.

4. may include deliverables and documentation associated with deliverables.

VHA RECORDS MANAGEMENT REQUIREMENTS

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. OKC VAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the OKC VAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Contractor must report all incidences of unlawful or accidental removal, defacing, alteration, or destruction of VHA records to the OKC VAHCS. The OKC VAHCS must report all said incidences promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the VA Handbook 6500.6 Appendix A. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the OKC VAHCS control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Statement of Work and/or the VA Handbook 6500.6 Appendix A. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon:

(i) completion or termination of the contract or

(ii) disposal or return of the IT equipment by the Contractor/Subcontractor or any person acting on behalf of the Contractor/Subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the Contractors/ Subcontractors that contain VA information must be returned to VA for sanitization or destruction or the Contractor/Subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

7. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any subcontractor) is required to abide by Government and the OKC VAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

8. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with OKC VAHCS policy.

9. The Contractor shall not create or maintain any records containing any nonpublic OKC VAHCS information that are not specifically tied to or authorized by the contract.

10. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

11. The OKC VAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which the OKC VAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

12. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736 Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

SUBCONTRACTOR GUIDANCE

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this VA Handbook 6500.6 Appendix A and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.2 Quality Assurance Surveillance Plan (QASP)

Quality Assurance Surveillance Plan (QASP) Construction Management and Engineering Consulting Services VA Medical Center Oklahoma City VA Health Care System

INTRODUCTION

This quality assurance surveillance plan (QASP) is pursuant to the requirements listed in the performance work statement (PWS). This plan sets forth the procedures and guidelines the VA will use in ensuring the required performance standards or service levels are achieved by the contractor.

Purpose The purpose of the QASP is to describe the systematic methods used to monitor performance and to identify the required documentation and the resources to be employed. The QASP provides a means for evaluating whether the contractor is meeting the performance standards/quality levels identified in the PWS and the contractor’s quality control plan (QCP), and to ensure that the government pays only for the level of services received.

This QASP defines the roles and responsibilities of all members of the integrated project team (IPT), identifies the performance objectives, defines the methodologies used to monitor and evaluate the contractor’s performance, describes quality assurance documentation requirements, and describes the analysis of quality assurance monitoring results.

Performance Management Approach The PWS structures the acquisition around “what” service or quality level is required, as opposed to “how” the contractor should perform the work (i.e., results, not compliance). This QASP will define the performance management approach taken by VA to monitor and manage the contractor’s performance to ensure the expected outcomes or performance objectives communicated in the PWS are achieved. Performance management rests on developing a capability to review and analyze information generated through performance assessment. The ability to make decisions based on the analysis of performance data is the cornerstone of performance management; this analysis yields information that indicates whether expected outcomes for the project are being achieved by the contractor.

Performance management represents a significant shift from the more traditional quality assurance (QA) concepts in several ways. Performance management focuses on assessing whether outcomes are being achieved and to what extent. This approach migrates away from scrutiny of compliance with the processes and practices used to achieve the outcome. A performance-based approach enables the contractor to play a large role in how the work is performed, as long as the proposed processes are within the stated constraints. The only exceptions to process reviews are those required by law (federal, state, and local) and compelling business situations, such as safety and health. A “results” focus provides the contractor flexibility to continuously improve and innovate over the course of the contract as long as the critical outcomes expected are being achieved and/or the desired performance levels are being met.

Performance Management Strategy The contractor is responsible for the quality of all work performed. The contractor measures that quality through the contractor’s own quality control (QC) program. QC is work output, not workers, and therefore includes all work performed under this contract regardless of whether the work is performed by contractor employees or by subcontractors. The contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. The contractor will develop and implement a performance management system with processes to assess and report its performance to the designated government representative. The contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. This QASP enables the government to take advantage of the contractor’s QC program.

The government representative(s) will monitor performance and review performance reports furnished by the contractor to determine how the contractor is performing against communicated performance objectives. The government will make determination regarding incentives based on performance measurement metric data and notify the contractor of those decisions. The contractor will be responsible for making required changes in processes and practices to ensure performance is managed effectively.

ROLES AND RESPONSIBILITIES

The integrated project team (IPT) consists of the contracting officer (CO) and the Contracting Officer’s Representative (COR).

The Contracting Officer The contracting officer (CO) is responsible for monitoring contract compliance, contract administration, and cost control and for resolving any differences between the observations documented by the contracting officer's representative (COR) and the contractor. The CO will designate one full-time COR as the government authority for performance management. The number of additional representatives serving as technical inspectors depends on the complexity of the services measured, as well as the contractor’s performance, and must be identified and designated by the CO.

The Contracting Officer’s Representative The Contracting Officer’s Representative (COR) is designated in writing by the CO to act as his or her authorized representative to assist in administering a contract. COR limitations are contained in the written appointment letter. The COR is responsible for technical administration of the project and ensures proper government surveillance of the contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government’s behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the CO for action. The COR will have the responsibility for completing QA monitoring forms used to document the inspection and evaluation of the contractor’s work performance. Government surveillance may occur under the inspection of services clause for any service relating to the contract.

IDENTIFICATION OF REQUIRED PERFORMANCE STANDARDS/QUALITY LEVELS

The required performance standards and/or quality levels are included in the PWS and in Attachment 1, “Performance Requirements Summary.”

Incentives or Disincentives in Relation to Standards and Quality Levels Contractor performance on this contract, be it less than, greater than, or equal to satisfactory performance on this contract, will be subject to the Incentives/Disincentives identified in the Performance Requirements Summary. The results will also be documented by the COR and CO, for use as past performance indicators to support any interest or bids the contractor makes in future government requirements and solicitations. Failure to meet the required service or performance level will result in a delinquency notice to the contractor.

METHODOLOGIES TO MONITOR PERFORMANCE

Surveillance Techniques In an effort to minimize the performance management burden, simplified surveillance methods shall be used by the government to evaluate contractor performance when appropriate. The primary methods of surveillance are:

· Random monitoring - which shall be performed by the COR/COR designated inspector.

· 100% Inspection – Each month, the COR, shall review the generated documentation and enter summary results into the Surveillance Activity Checklist.

· Periodic Inspection – COR typically performs the periodic inspection which should align with the frequency of required services per the PWS, such as weekly or monthly, depending on the required task.

· Customer Feedback

The contractor is expected to establish and maintain professional communication between its employees and customers. The primary objective of this communication is customer satisfaction. Customer satisfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints.

Performance management drives the contractor to be customer focused through initially and internally addressing customer complaints and investigating the issues and/or problems but the customer always has the option to communicate complaints to the CO and COR, as opposed to the contractor. Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature of the complaint, must be signed, and must be forwarded to the COR. The COR will accept those customer complaints and investigate using the Quality Assurance Monitoring Form – Customer Complaint Report, identified in Attachment 4.

Customer feedback may also be obtained either from the results of formal customer satisfaction surveys or from random customer complaints.

Acceptable Quality Levels The acceptable quality levels (AQLs) included in Attachment 1, Performance Requirements Summary, for contractor performance are structured to allow the contractor to manage how the work is performed while providing disincentives for performance shortfalls. For certain critical activities such as those involving maintaining safety during operations, the desired performance level is established at 100 percent. Other levels of performance are keyed to the relative importance of the task to the overall mission performance at the VA Medical Center in this PWS.

QUALITY ASSURANCE DOCUMENTATION

The Performance Management Feedback Loop The performance management feedback loop begins with the communication of expected outcomes.

Performance standards are expressed in the PWS and are assessed using the performance monitoring techniques shown in Attachment 1.

Monitoring Forms The government’s QA surveillance, accomplished by the COR, will be reported using the monitoring forms in Attachments 2, 3 and 4. The forms, when completed, will document the government’s assessment of the contractor’s performance under the contract to ensure that the required results satisfy the Purpose of the Performance Work Statement. The COR will retain a copy of all completed QA surveillance forms and forward electronic copies to the CO.

ANALYSIS OF QUALITY ASSURANCE ASSESSMENT

Determining Performance Government shall use the monitoring methods cited to determine whether the performance standards/service levels/AQLs have been met. If the contractor has not met the minimum requirements, it may be asked to develop a corrective action plan to show how and by what date it intends to bring performance up to the required levels. Failure to meet the AQL may result in disincentives, as shown in Attachment 1 of this document.

Reporting The COR will prepare a written report for the CO summarizing the overall results of the quality assurance surveillance of the contractor’s performance, as needed. This written report, which includes the contractor’s submitted monthly report and the completed quality assurance monitoring forms (Attachment 2, 3 or 4), will become part of the QA documentation. It will enable the government to demonstrate whether the contractor is meeting the stated objectives and/or performance standards, including cost/technical/scheduling objectives.

Reviews and Resolution The COR may require the contractor’s project manager, or a designated alternate, to meet with the CO and other government IPT personnel as deemed necessary to discuss performance evaluation. The COR will define a frequency of in-depth reviews with the contractor, including appropriate self-assessments by the contractor; however, if the need arises, the contractor will meet with the COR as often as required or per the contractor’s request. The agenda of the reviews may include:

· Monthly performance assessment data and trend analysis

· Issues and concerns of both parties

· Projected outlook for upcoming months and progress against expected trends, including a corrective action plan analysis

· Recommendations for improved efficiency and/or effectiveness

The COR must coordinate and communicate with the contractor to resolve issues and concerns regarding marginal or unacceptable performance.

The COR and contractor should jointly formulate tactical and long-term courses of action. Decisions regarding changes to metrics, thresholds, or service levels should be clearly documented. Changes to service levels, procedures, and metrics will be incorporated as a contract modification at the convenience of the PCO/ACO.

PERFORMANCE REQUIREMENTS SUMMARY MATRIX:

Desired quality level is 100% completion of requirement.

Desired quality level is 100% completion of requirement

completion of requirement.

Desired quality level is 100% completion of requirement

Desired quality level is 100% completion of requirement

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Constructability and Phasing Review, Design Review; in accordance with paragraph 3.1 of the statement of work.

Contract Period: Base POP Begin: 09-30-2023 POP End: 09-29-2024 PRINCIPAL NAICS CODE: 541330 - Engineering Services PRODUCT/SERVICE CODE: C1DA - Architect and Engineering - Construction: Hospitals and Infirmaries

Procurement package development; in accordance with paragraph 3.2 of the statement of work.

POP Begin: 09-30-2023 POP End: 09-29-2024

Site Investigation; in accordance with paragraph 3.3 of the statement of work.

POP Begin: 09-30-2023 POP End: 09-29-2024

Design and Construction Quality Assurance; in accordance with paragraph 3.4 of the statement of work.

POP Begin: 09-30-2023 POP End: 09-29-2024

Constructability and Phasing Review, Design Review; in accordance with paragraph 3.1 of the statement of work.

Contract Period: Option 1 POP Begin: 09-30-2024 POP End: 09-29-2025

Procurement package development; in accordance with paragraph 3.2 of the statement of work.

POP Begin: 09-30-2024 POP End: 09-29-2025

Site Investigation; in accordance with paragraph 3.3 of the statement of work.

POP Begin: 09-30-2024 POP End: 09-29-2025

Design and Construction Quality Assurance; in accordance with paragraph 3.4 of the statement of work.

POP Begin: 09-30-2024 POP End: 09-29-2025

Constructability and Phasing Review, Design Review; in accordance with paragraph 3.1 of the statement of work.

Contract Period: Option 2 POP Begin: 09-30-2025 POP End: 09-29-2026

Procurement package development; in accordance with paragraph 3.2 of the statement of work.

POP Begin: 09-30-2025 POP End: 09-29-2026

Site Investigation; in accordance with paragraph 3.3 of the statement of work.

POP Begin: 09-30-2025 POP End: 09-29-2026

Design and Construction Quality Assurance; in accordance with paragraph 3.4 of the statement of work.

POP Begin: 09-30-2025 POP End: 09-29-2026

Constructability and Phasing Review, Design Review; in accordance with paragraph 3.1 of the statement of work.

Contract Period: Option 3 POP Begin: 09-30-2026 POP End: 09-29-2027

Procurement package development; in accordance with paragraph 3.2 of the statement of work.

POP Begin: 09-30-2026 POP End: 09-29-2027

Site Investigation; in accordance with paragraph 3.3 of the statement of work.

POP Begin: 09-30-2026 POP End: 09-29-2027

Design and Construction Quality Assurance; in accordance with paragraph 3.4 of the statement of work.

POP Begin: 09-30-2026 POP End: 09-29-2027

Constructability and Phasing Review, Design Review; in accordance with paragraph 3.1 of the statement of work.

Contract Period: Option 4 POP Begin: 09-30-2027 POP End: 09-29-2028

Procurement package development; in accordance with paragraph 3.2 of the statement of work.

POP Begin: 09-30-2027 POP End: 09-29-2028

Site Investigation; in accordance with paragraph 3.3 of the statement of work.

POP Begin: 09-30-2027 POP End: 09-29-2028

Design and Construction Quality Assurance; in accordance with paragraph 3.4 of the statement of work.

POP Begin: 09-30-2027 POP End: 09-29-2028

B.4 Contractor Payment Request & COVID Information Contractor Payment Requests Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp

· Tungsten e-Invoice Setup Information: 1-877-489-6135

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

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

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

· Current PO# must be included on all submitted invoices (or they will not be processed)

· All invoicing must be as per contract line items (or they will not be processed)

Payment requests may be impacted, along with the active status of the contract, if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract) or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13 for compliance requirements.

Contractor must comply with the payment request clauses of this contract. As a minimum, invoices must include:

i. Name and address of contractor

ii. Invoice date and number

iii. Contract number and current fiscal year purchase order number

iv. Date and description of Supplies or Services provided as per contract line items

v. Terms of any discount for prompt payment offered

vi. Name, title and phone number of a person to notify in event of defective invoice

B.5 COVID-19 HEALTH REQUIREMENTS

Employee Physical Health: Contractor's employees are expected to be in good physical health and able to work in patient care areas without risk to the patients. No personnel shall be assigned to this contract who are not in good physical health or pose a risk to patients. Contractor's personnel who acquire a communicable illness shall not perform service under the contract and shall be free of illness before returning to work. All employees will be screened daily upon arriving on the VA Medical Center property, any contract worker complaining of or showing symptoms will be sent away and must quarantine for 14 days (unless they provide a Doctor’s note stating they are able to work and are not contagious).

If a contractor refuses screening, they can be denied access to the facility. 38 C.F.R. § 1.218(a)(1) vests the Secretary or his designee with authority to close facilities or portions of facilities that are under the charge and control of VA to the public. This includes the authority to prohibit contractors from entering VA facilities, if they refuse to undergo screening measures. Additionally, FAR 52.212-4(q) requires contractors to comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under contracts for commercial services and supplies.

The CDC states that employees, including contractors, with symptoms of influenza-like illness at work during a pandemic should leave the workplace. The CDC provides guidance for the workplace which OMB references in their COVID-19 guidance. The CDC recommends that employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work, or become sick during the day, should be sent home immediately. Additionally, if the employee is asymptomatic but tests positive, the employee should be sent home immediately. The responsible Contracting Officer must be notified immediately.

It is incumbent upon the contractor to familiarize themselves with Oklahoma’s state quarantine rules by visiting the latest information on the web. Suggested sites are listed below.

https://oklahoma.gov/covid19.html

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

(iv) Description, quantity, unit of…