36C26018R0178-002.docx

36C26018R0178

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.

DUNS:

DUNS+4:

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 SI

GN 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. SIGN

ATURE 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26018R0178 03-28 -2018 Matthew Wheeler 360-553-7614 04-19-2018

2:00 PM PST

Department of Veterans Affairs Network Contracting Office 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662 X X 238220 $15 Million X N/A X Department of Veterans Affairs Portland VA Medical Center Warehouse 1601 East Fourth Plain Blvd Vancouver WA 98661 Y Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 This is a Single Award Task Order Contract ID/IQ The scope will primarily be HVAC and Plumbing activities Please see Statement of Work for further information.

X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer

Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

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

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

I. STATEMENT OF WORK, PERIOD OF PERFORMANCE, AND CONTINUED PERFORMANCE

A. GENERAL DESCRIPTION OF WORK:

One Firm Fixed Price, Indefinite Delivery/Indefinite Quantity (ID/IQ) Single Award Task Order Contract (SATOC) will be awarded for both Seattle VAMC facilities (Puget Sound & American Lake). The scope will primarily be HVAC and Plumbing in nature, with ancillary construction and can include, but is not limited to the following:

· Plumbing and Pipefitting

· Pipe repair

· Sewer line and storm drain jetting

· Sump pump repair

· Steam valve testing

· Sprinkler maintenance

· Sewer line maintenance

· HVAC maintenance

· Duct work

· Penetrations through firewalls

· TAB (testing, adjusting, and air balancing)

· Filter servicing and cleaning

The acquisition will be set-aside for competition among Service Disabled Veteran Owned Small Business (SDVOSBs) concerns. The NAICS codes for this procurement will be: 238220, Plumbing, Heating, and Air-Conditioning Contractors, and the small business standard is $15 million.

During the contract period, the facility staff will identify projects for Task Orders that will be issued by the Contracting Officer. The Contracting Officer has the right to withdraw proposed Task Orders before and after the receipt of the Contractor’s proposal for the requested Task Orders.

The SATOC Contractor will furnish all necessary qualified personnel, supervision, material, equipment and services to perform the tasks in the Statement of Work prepared specifically for each Task Order.

B. PERIOD OF PERFORMANCE AND IDIQ VALUE:

The contract will be awarded as a one 1-year base ID/IQ with two 2-year Options for a total of 5 years. Task Orders shall be based on individual projects. The majority of the Task Orders will be awarded between $15,000 and $75,000 with a Task Order ceiling of approximately $250,000. The contract capacity will not exceed $5,000,000.00 across the life of the contract.

The guaranteed minimum contract value of this contract is $2,000 over the entire life of the contract.

C. MAINTAINING CONTINUED PERFORMANCE

In order to be to be considered eligible for an option year extension, the Contractor must maintain continued satisfactory performance in all categories assessed by the DVA technical personal and/or current Contracting Officer’s Representative (COR) reports. Failure to maintain satisfactory performance will result in a termination of all future option year and Task Order awards.

II. PRICING, COEFFICIENTS, AND NON-PREPRICED ITEMS

A. TASK ORDER PRICING

The Contractor must furnish pricing (proposals) for each individual Task Order on a LINE ITEM BASIS. Each line item price shall consist of Direct Costs only, and shall NOT include (INDIRECT) costs, such as: overhead (OH), general and administrative (G&A) cost, and profit. The contractor’s OH/G&A, and profit are to be included in the coefficient factor.

Direct costs shall be the total cost for each line item using the applicable total column multiplied by the number of units required for the project.

Line item unit costs shall be added together and then multiplied by the coefficient to determine the Task Order firm fixed price.

If a fair and reasonable price is not reached through the Task Order proposal process, the Individual Project will be withdrawn and the issuing Task Order Contract Specialist will use another vehicle to meet the needs of the Government.

B. COEFFICIENT

The only price evaluation factor is the Coefficient Rate. Coefficient is defined as a multiplier which is applied to the total of all unburdened Direct Costs that results in a firm fixed price for that scope of work. Examples of coefficient cost components include, but are not limited to: overhead, profit, insurance, tax, bonding, and administrative costs.

Specifically, the coefficient should only include those items that cannot be identified as a separate cost item. Any cost that cannot be directly accounted for against a specific scope of work shall be included into the coefficient rate.

The coefficient rate shall be applied to the summation of the unburdened Direct Cost to determine the Task Order firm fixed price. The contractors OH/G&A, and profit are to be included in the coefficient factor plus any other multipliers deemed appropriate. Therefore, when Task Order pricing is submitted only one number (the coefficient rate) is to be applied to the summation of all direct costs.

C. NON-PREPRICED ITEMS

Non-priced items that are within the scope of work may be negotiated by the Contracting Officer, or his designated representative on an individual basis. An example of a non-priced item would be work that needs to be completed after normal working hours due to extraneous circumstances. Added items of work shall be incorporated into and made a part of the Task Order in accordance with VAAR Clause 852.236-88 Changes, and shall be performed at the negotiated unit price. Non-prepriced work shall be so noted on each Task Order. Non-prepriced proposals shall be supported with verifiable documentation supporting competitive quotes (minimum of two), catalogue prices, etc. All non-prepriced items shall be proposed in DIRECT COSTS only (material, equipment, and labor) multiplied by the coefficient to arrive at a firm fixed price Task Order value.

D. ID/IQ Response Time Contractor must respond with a quote to all Task Orders within 3 business days of receiving the request for quote. If a quote cannot be submitted within the required time period (3 business days) the Contractor must immediately contact the DVA and provide a schedule for submittal. For emergency situations the vendor should have a response time of within 2 hours of the place of performance.

E. NORMAL WORKING HOURS

Normal working hours are Monday through Friday, 8:00 a.m. to 4:30 p.m. The Contractor shall perform all on site work during normal working hours. In the event that work must be perform outside of normal working hours, the Contractor must request and receive authorization to work on-site during other than normal working hours. Requests to perform work outside of normal working hours shall be submitted to the Contracting Officer no less than 5 calendar days in advance of the planned date and time.

F. ORDER OF PRECEDENCE

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (Contract Form (SF1442), Pricing Schedule, Scope of Work);

(b) Representations and other instructions;

(c) Contract clauses/

(d) Other documents exhibits and attachments;

III. INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO BIDDERS/OFFERORS

A. SCHEDULING OF WORK/COMMUNICATIONS

Before commencement of work under an individual Task Order, the contractor shall confer with the COR, and agree on items including, but not limited to: 1) sequence of procedures; 2) means of access to premises and building; 3) delivery of materials; and 4) storage of materials and equipment.

The work shall, so far as practicable, be done in definite sections or divisions, and confined to limited areas which shall be completed before work in other sections or divisions is begun. Therefore, the contractor shall provide a schedule of contract milestones that the Government will approve prior to beginning any given project of which will be incorporated into the awarded Task Order.

The contractor shall provide the Contracting Officer and the COR with the name, telephone number, pager number, and/or cell phone number of the person who should be contacted in case of emergencies. This individual shall have the authority to enter into binding agreements with the Government.

All temporary outages of any utility services required for the performance of work shall be scheduled with the COR no less than 5 working days in advance of such outages. If outage is longer than 8-hours, notice in writing, must be 15 working days in advance of proposed interruption. All requests for power outages shall be submitted in writing.

B. PERFORMANCE WORK STATEMENT

The designation of a Performance Work Statement (PWS) will be determined upon issuance of each Task Order if applicable. Each PWS will be tailored to each individual Task Order when deemed appropriate. The government will decide at the time of Task Order issuance if a PWS or a Statement of Work is in the best interest of accomplishing the requirement.

C. SPECIFICATIONS

Appropriate VA Master Specifications will be included in each individual Task Order issued. Work shall be accomplished in accordance with all VA specifications provided to the contractor during Task Order negotiation.

In addition to any VA specifications that may be provided to the contractor, the contractor shall adhere to the requirements of any additional specifications provided at the Task Order level.

D. JOB SITE

This work is being performed in a hospital environment; therefore, the Contractor's performance of this contract shall not interfere with Patient Care or Hospital Operation. If necessary for reasons of patient care/hospital operation, the VA (COTR) may direct the Contractor to stop work or limit the types of work that can be performed. This may occur with little or no advance notice.

The contractor shall have access to the area where work is to be performed. The movement of contractor personnel, equipment, materials, and tools shall be confined to this area so as not to interfere with ongoing hospital operations. Delivery of materials and equipment shall be made with minimum interference to Government operations and personnel. VA personnel shall not assist with contractor shipments or deliveries that are made to the job site.

The contractor shall be responsible for providing all work site protective barriers and site control devices. This includes, but is not limited to protective fences, protective tapes and protective signage. The contractor shall be responsible for providing all necessary traffic control (i.e., street blockages, traffic cones, and flagman) at no additional cost to the Government. Proposed traffic control methods shall be submitted to the COR for final approval. No street or access way shall be completely closed to traffic without prior approval from the COR.

The contractor shall take all precautions to ensure that no damage to private or public property will result from their operations. If such damages occur, the contractor shall make all necessary repairs and/or replacements at no cost to the Government.

The Contractor's personnel will be permitted to use toilet facilities on the premises, subject to regulation and control of the COR. In the event none are available, the Contractor shall, at his own expense, provide portable facilities, as required. In addition, toilet facilities desired at the Contractor's management office shall be provided at the expense of the Contractor.

E. SUBCONTRACTING

The contractor shall submit a list of subcontractors to be used on each individual Task Order. The Government may unilaterally reject the use of certain subcontractors if they have been debarred from Federal procurements or if their past performance is not satisfactory. Subcontractors must maintain a satisfactory rating with all DVA technical personal and/or Contracting Officer’s Representatives (COR).

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement after NTP has been provided if not identified on the original listing. Subcontracting a Task Order shall not relieve the SATOC Contractor of any responsibility under the award. Standard Form 1413 Statement And Acknowledgment will be required for individual Task Orders.

During performance Task Orders under this contract, the Contractor is solely responsible for work performed by its subcontractors. Work performed by subcontractors is expected to be at the same standard as work performed by the Contractor. In the event that the Contracting Officer deems a subcontractor to be incompetent, careless or otherwise objectionable, written direction may be issued to remove the subcontractor from the job site.

F. DAVIS-BACON WAGE DETERMINATIONS FOR TASK ORDERS

The contractor shall pay wages in accordance with the Davis-Bacon wage determinations at the time of Task Order award, when the work is deemed construction in nature.

G. SERVICE CONTRACT ACT WAGE DETERMINATIONS FOR AWARD AND OPTION PERIODS

The contractor shall pay wages in accordance with the Service Contract Act Wage Determination at the time of Task Order award, when the scope of work is deemed a service in nature. If a Task Order is executed, a new Service Contract Act Wage Determination will accompany the Task Order

H. WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other contractors, for the same type or similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

I. SECURITY

The Contractor shall ensure that its employees and subcontractor’s employees receive background investigations and understand the VA security policies prior to access to the medical center and VA property. To ensure timely and efficient issuance of identification badges, employees shall report for fingerprinting immediately after Task Order award but prior to the notice to proceed. Subject to the approval of the Contracting Officer the Contractor may forgo investigations of Contractor personnel who have proof of a recent security clearance and have a current badge. During the performance of any Task Order badges shall be worn by the contractor employees and displayed at all times unless displaying the badge creates a safety hazard.

J. CONTRACTING OFFICER/CONTRACTING OFFICERS REPRESENTITIVE

The Contracting Officer has the overall responsibility for the administration of this contract. The Contracting Officer alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; issue Task Orders against the contract; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the Contracting Officer may delegate certain other responsibilities to the COR. All delegated duties will be specified in writing in the COR Appointment and Delegation Notice.

K. LEGAL HOLIDAYS

The Federal Government observes the following days as holidays.

*If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

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

L. WRITTEN DELIVERABLES

Written deliverables and copies of all correspondence requiring a signature shall be sent to the COR and the Contracting Officer. Additional reporting requirements are found in the specifications for the individual Task Order.

If awarded a contract, a Safety Plan and an Infection Control Plan may be required at the time that a Task Order is issued depending on the specific nature of the work.

M. GOVERNMENT FURNISHED PROPERTY

Government property to be used for any given project shall be addressed in Task Order request for proposal.

IV. PROPOSAL SUBMISSION FOR SATOC ID/IQ

1. SUBMITTAL

PROPOSAL DELIVERY INSTRUCTIONS

1. Proposals shall reach the designated Government office on the date and by the time specified on the SF 1449 included in the solicitation. It is your responsibility to ensure that your Proposal reaches the designated email in a timely manner.

2. Proposals shall be submitted via email attachment only, to the email box identified below:

NCO20ConstructionMinors.Resource@va.gov

3. Proposals shall be formatted such that no email submission is greater than 5 megabits in size. Multiple emails will be accepted so long as the Subject line clearly identifies the number of emails in the series when more than one email is submitted for this proposal.

4. Determination of a timely proposal will be based on the time and date of receipt of the last email received completing the submittal as shown by the email system. A late Proposal will not be accepted except as set forth at FAR 52.215-1c(3).

5. Correct spelling of the email address is the responsibility of the Contractor. Misspelling of the email address and the subsequent failure of the VA to receive the email submission will not excuse or forgive an untimely / late submission.

6. You are highly encouraged not to wait until the last minute to submit your proposal, as multiple files arriving at one time could jeopardize your submission. It is your responsibility to ensure that your proposal reaches the designated email box electronically before the closing date and time.

PROPOSAL PREPARATION INSTRUCTIONS

A complete proposal shall consist of all the following:

1. FILE NAME: Solicitation Number – Contractor Name - Register of Electronic Submission Provide a listing of the electronic submission like the example provided below.

36C26018R0178 - VA Contractor – Cover Letter 36C26018R0178 – VA Contractor – SF1449

36C26018R0178- VENDOR- email 2 of 3

36C26018R0178 – VA Contractor – Part I Technical Proposal file X of Y

36C26018R0178 – VA Contractor – Part III Tiebreaker 36C26018R0178 – VA Contractor – Other file 1 of 1

2. FILE NAME: Solicitation Number – Contractor Name - Cover Letter. Cover letter shall include the following information: solicitation number; company name and address; DUNS number; Tax-Id number; company authorized representative point of contact information (name, telephone number and e-mail address). Company representative shall be an authorized officer authorized to sign contract action documents.

The Cover Letter file can be pdf so long as it is a searchable file.

3. FILE NAME: Solicitation Number – Contractor Name – SF 1449.

An executed SF 1449 requires the offeror to complete blocks 14 (include DUNS number); block 15; block 16 (if different from block 14); and block 19 if applicable. SF 1449 shall be signed by an officer of your company authorized to sign contract actions. If offeror is a Corporation, offer must be signed on behalf of Corporation and by an officer authorized to bind the Corporation. The SF 1449 file can be pdf so long as it is a searchable file.

6. FILE NAME: Solicitation Number – Contractor Name – Part I Technical Proposal file X of Y The Technical Proposal file(s) should be structured to meet the requirements of the RFP. Multiple Technical Proposal files can be included so long as the files in the series are clearly identified in the file title.

Technical Proposal file can be pdf so long as it is a searchable file.

Technical Proposal Format and Page Limitations:

Offerors are herewith cautioned that pages in excess of the maximum page limitations specified will be removed from the proposals prior to evaluation and that information contained in the removed pages will not be evaluated. This may result in your firm receiving an unacceptable evaluation. Incomplete proposals may be a basis for determination of unacceptability and removal from consideration.

A page is defined as one side of a sheet, 8 ½ x 11, with one inch margins on all sides, using not smaller than 12-point type. Title pages and tables of contents are excluded from the page counts.

1. Part I: Technical Proposal Factor 1: Experience Factor 2: Past Performance

10 Pages

Total Pages for Best Value Trade-Off Proposal:

10 Pages

7. FILE NAME: Solicitation Number – Contractor Name – Part II Price Coefficient The Price Coefficient should include the Proposal Coefficient included in the text portion of the solicitation. The Price Coefficient file can be pdf so long as it is a searchable file.

8. FILE NAME: Solicitation Number – Contractor Name – Part III Tiebreaker. The Tiebreaker should include copies of Google Maps and all relevant information as stated in PROPOSAL SECTION 3.

9. FILE NAME: Solicitation Number – Contractor Name – Other Information Files X of Y The Other Information file should be structured to meet the requirements of the RFP, and only contain that information that is not contained in other files where the information more clearly is addressed, such as any of the applicable document: Acknowledgement of Amendments, bid bond/guarantees, reps and certs, list of subcontractors, identification of self-performed work tasks, signed Rules of Behavior etc. Multiple Other Information files can be included so long as the files in the series are clearly identified in the file title. File should also include verification of Vetbiz registration.

Other Information file(s) can be pdf so long as it is a searchable file.

A. PASS/FAIL EVALUATION FACTOR

Business Size Status: This is a Pass/Fail factor. Only proposals submitted by Service-disabled Veteran-owned Small Businesses (SDVOSB) will be considered for an award. See Public Law 109-461 and provision IL-07-08.2 VA Notice of Total Veteran-Owned Small Business Set-Aside. This factor is applicable to the prime contractor, only.

i. A Joint Venture (JV) may be considered if it is:

a. a legally established separate business entity;

b. established in CCR with its own CAGE code and DUNS number;

c. listed at www.vetbiz.gov as a SDVOSB indicating that the JB is 51% owned, controlled and managed by a SDVOSB. See 13 CFR § 125.15(b). Additional information or clarification may be obtained by contacting your local Small Business Administration office.

ii. Determination of SDVOSB status will be by verification of a contractor’s status at www.VetBiz.gov or by including a copy of their certification letter from the VAs Center for Veterans Enterprise (CVE) or other documenting proof of their SDVOSB status. The documenting proof must show that the firm meets all requirements for being 51% owned, managed and the day-to-day operations conducted by the service-disabled veteran and/or qualifying family members.

C. Evaluation Process This acquisition is utilizing the Trade-off Process under FAR Part 15. As best value trade-off is being applied, the Government will not necessarily award to the offeror with the lowest price or the highest rated technical proposal. Since trade-off between overall proposal assessment and price is possible, the resulting award may not be the lowest price proposal.

Technical Evaluation Factors A and B are of the same importance and of equal weight. When Factors A and B are combined they are of the same importance and equal weight as the Factor C. In the event of a tie, Factor D will serve as the tiebreaker.

The Government intends to make award without discussions. However, it may be determined necessary to conduct discussions if award cannot be made on the initial proposals submitted. In this case, the SSEB will need to identify what questions the SSEB feels need to be asked of the offeror in order for the SSEB to complete the evaluation and make a recommendation for award.

D. Evaluation Factor A - Experience Offerors must provide examples of no more than 5 and no less than 3 relevant examples of performing electrical type work in hospitals, medical facilities or other facilities where infection control is of concern over the past 5 years. The information provided will assist the Government in accurately evaluating an Offeror’s experience. Offerors may submit proposals for only their firm or they may choose to compile a team consisting of the Offeror as the prime and one or more key subcontractors. When developing proposals, the Offeror should keep in mind that the Government will evaluate the experience of the entire team – the Offeror and all proposed subcontractors. The Offeror must provide a list of all proposed subcontractors including relevant and recent work examples. The list of references for subcontractors should contain the same information as the Offeror’s list. The Offeror is reminded that the proposed team evaluated by the Government is the team that is expected to be utilized on the projects performed under the SATOC contracts. An unapproved change in the make-up of the team may be cause for default on the part of the Contractor.

a. Relevant. The VA considers the most relevant experience to be work performed in hospitals, followed by work performed in other medical facilities followed by work performed in other facilities where infection control is a concern. In addition to a list of work examples, experience is demonstrated in the resumes of key personnel, including subcontractors.

b. Recent. The more recent the experience the more relevant it is. The preference is that the experience will be within the past 3 years or so and experience that is more than 5 years old tends to lose its relevance.

E. Evaluation Factor B – Past Performance Past Performance verification will be obtained primarily from the Past Performance Information Retrieval System (PPIRS), but may also be obtained from any available sources to include, but not limited to, the Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officer, and interviews with project points of contact/References identified in the proposal.

The Government reserves the right to obtain past performance information from any available source and may contact sources other than those identified by the contractor when evaluating past performance.

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror will be determined to have an unknown past performance. In this event, past performance will be rated as “acceptable” (see FAR 15.305 (a)(2)(iv)).

Additionally, the Offeror shall complete the General Contract Reference Form for each sample project that is being submitted. The form is located in Appendix A.

The Government reserves the right to contact any one or all of the firms represented in the Offeror’s sample projects for past performance information. If it is determined that represented firms will be contacted, a standard list of questions will be developed so that all contacted firms are asked for the same information. All other Offerors will be rated in accordance with the responses received from their customers.

E. Price Evaluation Factor C – Coefficient Rate

The only price evaluation factor is the Coefficient Rate. Coefficient is defined as a multiplier which is applied to the total of all unburdened Direct Costs that results in a firm fixed price for that scope of work. Examples of coefficient cost components include, but are not limited to: overhead, profit, insurance, tax, bonding, and administrative costs.

Specifically, the coefficient should only include those items that cannot be identified as a separate cost item. Any cost that cannot be directly accounted for against a specific scope of work shall be included into the coefficient rate.

The coefficient rate shall be applied to the summation of the unburdened Direct Cost to determine the Task Order firm fixed price. The contractors OH/G&A, and profit are to be included in the coefficient factor plus any other multipliers deemed appropriate. Therefore, when Task Order pricing is submitted only one number (the coefficient rate) is to be applied to the summation of all direct costs.

Working in an occupied hospital shall not be an adjustment factor.

F. EVALUATION FACTOR D - TIEBREAKER

In the event two or more contractors are rated at equal levels, then a tiebreaker will be assessed to determine the outcome. The tiebreaker will be computed as follows:

· The distance from the offerors primary business office to the Puget Sound VA Medical Center.

· The distance of the offerors primary business office to the American Lake VA Medical Center.

These two distances will be combined together to form the overall cumulative distance. The distances will be calculated by using google maps. The offerors primary business address must be the one listed in the System for Award Management. The tie breaker will be the Offeror with the lowest cumulative distance.

36C26018R0178

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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 FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C.