36C25924Q0738.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

POINT OF CONTACT*

Contract Specialist Shanta Harrison Shanta.Harrison@va.gov

(303) 712-5719

PLACE OF PERFORMANCE

Eastern Colorado Health Care System

1700 N. Wheeling Street

Aurora CO

ADDITIONAL INFORMATION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation 36C25924Q0738 is issued as a request for quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-05 05/22/2024. No telephone requests will be accepted. Only written requests received directly from the offeror are acceptable. The associated North American Industry Classification System (NAICS) code for this procurement is 811310, with a small business size standard of $12.5 million. This solicitation is 100% set-aside for SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (SDVOSBs). IF OFFEROR IS A GSA SCHEDULE HOLDER, ALL INFORMATION REQUESTED IN THIS NOTICE MUST BE PROVIDED, NOT JUST THE OFFEROR’S SCHEDULE NUMBER The following is a list of the contract line-item numbers, quantities and units of measure including options.

COST

TOTAL COST

Base Year : September 30, 2024 through September 29, 2025

Option Year 1: September 30, 2025 through September 29, 2026

Option Year 2: September 30, 2026 through September 29, 2027

Option Year 3: September 30, 2027 through September 29, 2028

Option Year 4: September 30, 2028 through September 29, 2029

TOTAL COST ALL CLINS,

BASE YEAR PLUS OPTION YEARS $___________________

The provision at FAR 52.212-1, INSTRUCTION TO OFFERORS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), applies to this acquisition with the following addendum:

FAR 52.204-7, System for Award Management (OCT 2018);

FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020);

FAR 52.216-1, Type of Contract (APR 1984): The government anticipates the awarding of a single firm-fixed price definitized contract to fulfill this requirement.

The provision at FAR 52.212-2, EVALUATION -- COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Contract award will be made based on the solicitation response that represents the best value to the Government using a Contracting Officer’s Comparative Analysis. Since the Contracting Officer is considering price and other factors, the CO may award to other than the lowest-priced offer. The information below explains the evaluation approach:

The Contracting Officer will make a comparative analysis of all offers against the solicitation, using the following factors to decide which offer(s) represent the best value to the Government:

Factor 1: Technical Ability The offer shall be evaluated on the conformance to the requirements listed in the Statement of Work. The offeror shall submit a technical narrative, that describes the means and methods of successfully performing all work detailed in the SOW, to include the personnel being proposed to perform the work. Any training certifications for the repair of said equipment should be provided with quote.

Factor 2: Past Performance Offeror shall provide no more than three references of relatively the same size and complexity. Include the following information for each contract: Name and address of contracting activity (company name), contract number, type of contract, total contract amount, and status, date of award and completion, description and location of contract work, list of major subcontractors if any, Contracting Officer or individual responsible for signing the contract, and their telephone and fax number, and the COR’s/Administrator’s name, telephone and fax numbers. Offerors may provide information on problems encountered on identified contracts and the offeror’s corrective action. Searches in CPARS (Contractor Performance Assessment Reporting System), as well as Past Performance Questionnaires may be utilized.

Factor 3: Price – Offerors shall provide one copy of the fully completed Price Schedule in the format listed above. Proposed prices will be evaluated for reasonableness.

Comparative analysis will be utilized to evaluate quotations

(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. (End of Provision)

A completed copy of the provision at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) shall be submitted with the offer.

The clause at FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Services (NOV 2021), applies to this acquisition, with the following addendum:

FAR 52.204-9, Personal Identity Verification of Contractor Personnel (JAN 2011);

FAR 52.204-13, System for Award Management Maintenance (OCT 2018);

FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020);

FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within fifteen (15) days of the expiration date of the current contract period.

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows:

The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all quotes relative to each other, and will not affect the ranking of quotes based on price, unless, after reviewing the quotes, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8. The `specified' rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause. (End of clause) FAR 52.217-9 Option to Extend The Term Of The Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. (End of Clause)

FAR 52.223-6 Drug-Free Workplace (MAY 2001);

FAR 52.223-99 Ensuring Adequate Covid-19 Safety Protocols For Federal Contractors (DEVIATION) FAR 52.228-5 Insurance—Work On A Government Installation (JAN 1997);

CL 120 - Supplemental Insurance Requirements: In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (End of Clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond SEPTEMBER 30TH OF ANY FISCAL YEAR. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond SEPTEMBER 30TH OF ANY FISCAL YEAR, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause)

FAR 52.237-2, Protection of government Buildings, Equipment, and Vegetation (APR 1984);

FAR 52.237-3, Continuity of Services (JAN 1991);

VAAR 852.203-70, Commercial Advertising (MAY 2008);

VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2020) (DEVIATION);

VAAR 852.204-70 Personal Identity Verification of Contractor Personnel (MAY 2020) VAAR 852.219-74, Limitations on Subcontracting – Monitoring and Compliance (JUL 2018) (DEVIATION)

(a) This solicitation includes VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, this contract 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. (End of clause) VAAR 852.219-77 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction.

As prescribed in 819.7009(c) insert the following clause:

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) [ ] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) □ Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or quote. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: _________________________________ Printed Title of Signee: ________________________________ Signature: ______________________________________________ Date: ___________________________________________________ Company Name and Address: _______________________________ (End of clause) VAAR 852.232-72, Electronic Submission of Payment Requests (NOV 2018);

VAAR, 852.270-1 Representatives of Contracting Officers (JAN 2008).

The clause at FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) applies to this acquisition including the following clauses:

FAR 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020);

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021);

FAR 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021);

FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020);

FAR 52.222-3, Convict Labor (AUGUST 2003);

FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015);

FAR 52.222-26, Equal Opportunity (SEP 2016);

FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020);

FAR 52.222-40, Notice of Employees Rights Under the National Labor Relations Act (DEC 2010);

FAR 52.222-50, Combating Trafficking in Persons (NOV 2021);

FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020);

FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021);

FAR 52.232-33, Payment by Electronic Funds Transfer– System for Award Management (OCT 2018);

aFAR 52.222-41 Service Contract Labor Standards (AUG 2018);

FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014);

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022);

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

DEPARTMENT OF LABOR WAGE DETERMINATIONS: Department of Labor Wage Determination 2015-5419 Revision Number 27 dated 07/22/2024 applies to this acquisition.

Quotes shall include the RFQ number (36C25924Q0740), the proposed unit price, the proposed extended price (for the base and all option years,) any prompt payment discount terms, company name, the company point of contact, address, phone number, fax number, e-mail address, Tax Identification Number, Unique Entity Identifier (UEI) number, and business size status.

The full text of a solicitation provision or contract clause may be accessed electronically at the address(es) below:

http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm

All information has been posted and there are no other documents available. Offers are to be submitted electronically to the Department of Veterans Affairs, Network Contracting Office 19 (NCO 19) Rocky Mountain Acquisition Center, 6162 South Willow Drive, Suite 300, Greenwood Village, CO 80111 ATTN: Shanta Harrison, Contract Specialist at Shanta.Harrison@va.gov no later than 4:00 p.m. Mountain Time on TUESDAY, SEPTEMBER 3, 2024.

Quotes submitted by fascimile (fax machine) will not be accepted. PLEASE INCLUDE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF EMAILS SUBMITTED.

Any questions regarding this solicitation must be submitted in writing to the Contracting Officer no later than 4:00 p.m. MT, Monday, August 27, 2024. All responses to questions received will be posted to the Contracting Opportunities website via an amendment.

SCOPE OF WORK

Refrigeration Maintenance and Repair

1. BACKGROUND

Rocky Mountain Regional VA Medical Center RMRVAMC) is located at 1700 North Wheeling Street, Aurora, CO 80045. The Facility is comprised of 1.2 million square feet and 9 buildings connected via main concourse. Because of RMR’s special significance and attention it receives from the public and media, strict adherence to the following specifications is essential. The Facility requires a Contractor to provide monthly service visits, emergency repairs, and parts for refrigeration equipment at the facility.

2. GENERAL REQUIREMENTS

(a) Response Time: Contractor to acknowledge the request within 24 hours of notification when there is an emergency service required. For non-emergent services, contractor shall acknowledge the request within 72 hours of notice. Contractor is expected to complete the troubleshooting aspect and determine the parts needed for the repair within 3 business days of notification of the VA that there is an issue with any of the equipment included in the scope of work. Contractor to notify VA point of contact if there are any deviation from the proposed timeframes and if the shipment for the parts can be expedited. It is imperative that the units get repaired as quickly as possible. The POC shall inspect all work and may reject if the quality of work does not result in a fully functional unit.

(b) Place of Performance:

Rocky Mountain Regional VA Medical Center - RMR 1700 N. Wheeling Street Aurora, Colorado, 80045 M-F 0800-1630

Union Boulevard VA Clinic - UNB 3920 North Union Boulevard, Premier Health Plaza Suite 200 Colorado Springs, CO 80907 M-F 0800-1630

Space Center VA Clinic - SCC 565 Space Center Drive Suite 130 Colorado Springs, CO 80915 M-F 0800-1630

PFC Floyd K. Lindstrom Department of Veterans Affairs Clinic - COS 3141 Centennial Boulevard Colorado Springs, CO 80907 M-F 0730-1630, S 0800-1430

PFC James Dunn VA Clinic - ERC 4776 Eagle ridge Circle Pueblo, CO 81008 M-F 0730-1730

Pueblo VA Community Living Center - NHC 2600 Oak shire Lane Pueblo, CO 81001 SUN-SAT 24/7

Salida VA Clinic - SAL 920 Rush Drive Salida, CO 81201 M-THR 0800-1630

Alamosa VA Clinic - ALA 622 Del Sol Drive Alamosa, CO 81101 M-F 0800-1630

Burlington VA Clinic - BUR 1177 Rose Avenue Burlington, CO 80807 M-THR 0700-1730

La Junta VA Clinic - LAJ 1100 Carson Avenue Suite 204 La Junta, CO 81050 M-F 0730-1630

Golden VA Clinic - GOL 1020 Johnson Road Golden, CO 80401 M-F 0700-1730

Valor Point VA Domiciliary - DOM 7350 West Eastman Place Lakewood, CO 80227 SUN-SAT 24/7

Aurora VA Clinic - AUR 13701 East Mississippi Avenue Suite 200 Aurora, CO 80012 M-F 0730-1630

Lamar VA Clinic - LAM 1401 South Main Street, Suite 2 Lamar, CO 81052 M-THR 0700-1730

(c) Period of Performance: This requirement shall be for one (1) 12-month base plus two (2) option years.

3. REFRIGERATION MAINTENANCE AND REPAIR

(a) Rocky Mountain Regional VA Medical Center will not provide any equipment to assist in the repair of any units. It is the Contractor’s responsibility to provide all equipment needed to successfully maintain or repair the units specified in this statement of work.

(b) Contractor’s personnel must meet the follow qualifications: chlorofluorocarbon (CFC) Certification, Section 608 Technician Certification per the Environmental Protection Agency, and must have at least 5 years’ experience working on refrigeration units.

(c) The contractor shall perform monthly site visits to check for leaks, perform capacitor testing, maintain coils, perform preventative rounds, ground testing, troubleshooting and repairs.

(d) The Medical Center will provide specifications to the Contractor for each unit that requires repair. It is the responsibility of the Contractor to provide the VA with an estimate for the repair(s), the timeline to get the repair completed, and the cost to expedite the repair (when possible). The Contractor will not proceed with any repair until the quote is approved by the VA.

(e) The contractor shall furnish minor spare and replacement parts needed to service the equipment up to $600. For any parts exceeding $600, parts will be invoiced against the CLIN for parts and is not to exceed $10,000 per period of performance. Prior to ordering any parts, the contractor shall provide a quote to the government POC. Only new standard parts (manufactured by the maker of the equipment, or equal) shall be furnished to maintain the equipment.

(f) Parts shall be factory authorized or equivalent, any proposed substitutions must be approved by the POC.

(g) Contractor must notify POC upon completion of repair for a quality inspection.

(h) Contractor will provide remote technician support as needed throughout the period of performance.

(i) Debris & Waste Removal: The Government shall not provide receptacle(s) for disposal of debris related to this contract. Removal of all debris / waste away and off Medical Center grounds is the Contractor's responsibility. Any debris left after the repair shall be cleaned up thoroughly and removed from the Medical Center. At the end of each job, the Contractor will remove all debris from the Medical Center site resulting from the work. The job site will be inspected by the POC prior the Contractor leaving the campus to ensure all materials have been removed and the job site is clean.

(j) Equipment included in the contract:

4. RESPONSIBILITIES

(a) Due to security requirements the Contractor cannot have any equipment delivered directly to the Medical Center.

(b) The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party. The Contractor shall immediately notify the POC of any such occurrence and repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

(c) Communication & Coordination of Work with POC: Communication with the POC is strongly encouraged. Patient Care activities at RMR shall take precedence over contract work activities. Work activity and noise cannot disturb VA personnel. Workers are prohibited from passing through the patient care areas during the communicated hours of operation.

(d) Insurance, Licenses & Permits: The Contractor shall possess and maintain all necessary insurance, licenses and permits required for contract performance. Contractor is responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Colorado. The Contractor must submit the insurance and licenses as part of the proposal. The Contractor is responsible for repair and / or replacement of any damaged structures, equipment, and vegetation and / or other property on or adjacent to the work site.

5. REPRESENTATIVES OF THE CONTRACTING OFFICER

(a) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally supervises the work to be performed under the contract. Such designation will be in writing and will define the scope and limitations of designee's authority. A copy of the designation(s) shall be furnished to the Contractor at time of award.

(b) The VA Contracting Officer will delegate one (or more) representatives to serve as the Contracting Officer’s Representative (COR) or Facility POC. The COR/POC may direct and arrange the Contractor’s work schedule in specific areas of the Medical Center to coordinate with daily Medical Center activities and operations. Duties and responsibilities of the COR/POC include day-to-day monitoring of the contract as follows:

(i) Providing contract oversight and technical guidance to the Contractor.

(ii) Placing orders for services.

(iii) Verification / certification of payments to the Contractor for services rendered.

(iv) Assuring that any changes effecting work involved, price, terms and/or conditions under the contract are not implemented before written authorization is issued by the Contracting Officer.

(c) All administrative functions remain with the VA Contracting Officer. Any modifications to the contract, including those involving no-cost changes, increases, and decreases in cost or level of services provided, termination or extension of the contract (in part or in whole) and decisions concerning claims or disputes, must be authorized in writing by the Government Contracting Officer.

6. CONTRACTOR PERSONNEL

(a) Communication & Coordination of Work with POC: Communication with the POC (or designee) is strongly encouraged. Patient Care activities at the RMR shall take precedence over contract work activities. Work activity and noise cannot disturb Patient Care activities. Workers are prohibited from passing through the patient care areas during the communicated hours of operation.

(b) Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government shall provide, at the time of contract award, a list of Government personnel authorized to act as COR/POC.

(c) Personnel Appearance

(i) Contractor personnel shall maintain a neat and professional appearance throughout its workforce, vehicles, equipment, and maintenance areas.

(ii) Contractor personnel shall be fully always clothed, to include an upper garment to cover the body from the waist to neck and long pants or slacks. Contractor personnel must wear a uniform bearing the name of the Contractor, or by wearing badges bearing the Contractor’s name and the employee’s name in English.

(iii) Other clothing, in question, shall require the POC written approval. No clothing shall be worn with inappropriate phrases, logos, words, or images as determined by the POC.

(e) Personnel Conduct

(i) Due to the sensitive mission of the Medical Center, the work often requires contact with, and exposure to, patients and visitors. Contractor personnel must exercise and exhibit absolute decorum, composure, and stability always.

(ii) The Contractor employees shall behave with appropriate decorum, courtesy, and respect while within the Medical Center or at its perimeter or entrances. Shouting, cursing, angry outbursts, sleeping, intoxication, and violence or criminal acts of any kind will not be tolerated - and is cause for immediate removal from the Medical Center.

(iii) Food and beverages shall be consumed only within areas designated by the POC. Use or sale of intoxicating beverages and/or drugs is strictly prohibited. The Contractor’s personnel shall follow the Medical Center smoking policy that is available at the Medical Center’s Administration Building.

(iv) The Medical Center shall provide to Contractor personnel restroom facilities at areas designated by the POC. Breaks and lunch periods shall be taken at areas designated by the POC, not in the field.

(v) Any misconduct listed above shall be cause for immediate removal from the Medical Center premises.

7. WORK HOURS

(a) Hours Of Operation: Non-emergent services shall be performed Monday through Friday, except for National Holidays (see National Holiday schedule below), between the hours of 7:00 a.m. – 4:30 p.m. Emergency repair response time will be within 24 hours of notice and work may be completed outside the hours of 7:00 a.m. and 4:30 p.m. as needed.

(b) National Holidays: Contract personnel will not be required to work on the 12 holidays observed by the Federal Government. Unless otherwise specified, when a holiday falls on a Sunday, the following Monday shall be the legal holiday as observed by the Federal Government. When a holiday falls on a Saturday, the preceding Friday shall be observed as the legal holiday. The 12 holidays observed by the Federal Government are as follows:

Or any other day specifically declared by the President of the United States to be a National Holiday.

8. MISCELLANEOUS

(a) Damage to Government Property

(i) The Contractor is responsible for safeguarding all Government property or assets on the Medical Center grounds.

(ii) The POC/COR shall conduct a daily inspection for damages and provide a written report to the Contractor and the Contracting Officer of all damages noted. The Contracting Officer shall be responsible for assessment of damages.

(b) Safety

(i) The Contractor must meet all safety requirements of a VA Safety Officer, Department of Veterans Affairs, OSHA, and the State of Colorado. It is incumbent upon the Contractor to be familiar with these requirements. "Safety" shall also include the Contractor having a safety representative who maintains regular and routine contact with the Safety Officer of Rocky Mountain Regional VA Medical Center.

(ii) Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the Contractor to give advice and reasonable protection, safety, and warnings to persons and vehicular traffic within the area.

(iii) Contractor shall demonstrate a clear understanding of, and the sensitivity to, such environmental issues as groundwater contamination, wetlands, etc., and be consistent be and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

(iv) Reporting "on-the-job" Injuries: The Contractor is required to report all "on-the-job" injuries incurred by the Contractor, its agents, or employees, resulting from performance of this contract. Contractor will notify the COR/POC (either orally or via telephone) within twenty-four (24) hours of the injury and provide details and exact location of the incident. This will be followed up by a written notice to the COR/POC. Any Contractor (including its agents and employees) that knowingly files a false claim may be criminally prosecuted.

RECORDS MANAGEMENT OBLIGATIONS

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 transportation, 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 (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. Eastern Colorado Health Care System (ECHCS) 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 ECHCS 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.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to ECHCS. The agency must report 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 contract. 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 ECHCS control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. 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 co, contracts. The Contractor (and any sub-contractor) is required to abide by Government and ECHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contractor and in accordance with ECHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public ECHCS information that are not specifically tied to or authorized by the contract.

9. 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.

10. ECHCS owns the rights to all data and records produced as part of the contract. All deliverables under the contract are property of the U.S. Government for which ECHCS 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.

FLOWDOWN OF REQUIREMENTS TO SUBCONTRACTORS

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgement of same.

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

Combined Synopsis/Solicitation Notice