36C26123Q0989.docx

36C26123Q0989

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. SIGNATURE 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

36C261-23-AP-2512

459-23-3-630-0070 36C26123Q0989 07-28-2023 Edwin Rivera 775-789-7159 08-09-2023 12:00

PDT

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno

NV

89502-2597 X X 541620 $19 Million N/A X Department of Veterans Affairs VA Sierra Nevada Health Care System 975 Kirman Avenue

NV

89502 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno

NV

89502-2597

Department of Veteran Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page This requirement is for Asbestos Survey Services for the VA Pacific Islands Health Care System The Period of Performance is: 09/01/2023 - 08/30/2024 Submit questions to edwin.rivera@va.gov and jared.dawson@va.gov Section D: Exhibits 01-06 Floor Plans Section D: Exhibits 07-10 Facility pictures See CONTINUATION Page X Jared Dawson Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597

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.

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

VA Pacific Islands Health Care System (VAPIHCS) Asbestos Survey Services for “Facility Asbestos Survey” Statement of Work

1. GENERAL INFORMATION

This document contains information and minimal submission requirements for the survey and report documents specified in this contract. Services shall be provided for the VA Pacific Islands Health Care System (VAPIHCS), located at 459 Patterson Road, Honolulu, Hawaii 96819, all in accordance with this Scope of Work and contract terms and conditions.

a. SCOPE. This document identifies the Contractor’s responsibility for determining the existence of asbestos. The objective is to conduct a site visit, building wide Baseline Asbestos Hazard Emergency Response Act (AHERA) Survey, that provides the general location, type, quantity, and condition of ACM present. It is thorough in that most accessible functional spaces are inspected, and bulk samples taken of suspect materials observed. Objectives will include, to collect representative samples of suspect asbestos-containing building materials (ACMs), assess the condition of the suspect materials, and to quantify the materials and hazards present throughout the entire campus.

b. OVERVIEW. A State of Hawaii Department of Occupational Safety and Health (DOSH)/ Certified Asbestos Consultant (CAC) shall conduct all phases of this survey. The Contractor shall hold current Environmental Protection Agency (EPA) certifications in: Asbestos Building Inspection, Management Planning, and Project Design with a minimum of 5 years’ experience as a CAC. All asbestos surveys shall include friable and non-friable materials whether inside a structure, on the exterior of a structure, or other site materials, including the quantity of ACMs in either linear or square feet. Whenever asbestos containing materials (ACM), are discovered by the Contractor during field visits, survey, or verification of prior survey’s completed, the Contractor shall then incorporate the provisions of this document and data collected into the deliverable reports and drawings. All previous asbestos sampling and analysis shall meet the state’s current requirements and the requirements of this document. The primary source of the Contractors survey shall be field verification; Contractor shall not rely on the accuracy of previous surveys and shall conduct sampling of questionable or modified areas following review of previous reports in addition to all areas not covered by previous surveys. Asbestos bulk samples shall be collected and sent to a laboratory for testing to determine percent of asbestos, type of asbestos, and binding material, and the results documented within the deliverable reports. The asbestos survey report shall contain floor plan drawings in an AutoCAD format of the buildings and rooms, showing where samples were taken, indexed schedule of samples surveyed with the sample number and other pertinent notes, and a narrative on methodology of survey. The laboratory bulk sample report numbers will be correlated with the samples taken. Drawings shall be compatible in scale with all other site drawings unless otherwise noted. This survey shall also provide a consistent and effective Hazard Assessment for all ACM identified. The final survey results shall be incorporated into a database system which will provide a means for the VA to plan repairs, renovations, and demolition projects, prioritizing health risks for ongoing maintenance work by staff.

c. BACKGROUND INFORMATION. A list of buildings and areas to be included in the survey can be found within this document in Attachment 1 for reference. The VA has conducted considerable remodeling of various areas, particularly in the E-Wing and has removed asbestos as needed. The survey associated with this project, is included as Attachment 2 within this document for reference.

2. GENERAL REQUIREMENTS:

a. ASBESTOS SURVERY. The contractor is to review prior surveys completed (Attachment 2), as-built drawings, historical documents, and other related project resources that are available to the Contractor, however field verification of the site by the Contractor shall be the primary source of the investigative services. The site visits shall include the taking of bulk samples from suspected locations, performing professional observations, and the use of sound engineering judgment to determine if further detailed sampling is required in specified areas. Sampling should not be taken if it renders the material unstable or causes leaking or other deterioration of the base material or poses a hazard to those working in and around the building.

(1) Procedures. Asbestos survey shall be performed using general procedures and protocols appearing in EPA 40 CFR, part 763, (AHERA Protocols). However, all suspect asbestos containing materials, not just interior structures, shall be included in this survey. This work will require removing ceiling tiles, accessing hard ceilings via access panels, entering confined spaces, and working in areas of reduced lighting, high temperatures and high humidity. Contractor shall be trained to enter confined spaces and shall take all necessary precautions in performing this type of work. Contractor shall replace same or equal, finish material or building components damaged during site investigation and sampling. Contractor shall provide all the labor, materials, equipment, and transportation necessary to conduct the survey, collect samples, perform lab analysis, and produce required deliverables. All safety equipment required for survey and sample collections are the responsibility of the contractor.

(2) QA/QC Plan. Contractor shall establish a quality control plan for all work, including that of all sub-contractors, to assure compliance with applicable codes and regulations. Quality control measures shall include, but not be limited to:

(a) Methods for performing all required inspections and tests.

(b) Methods of compliance with applicable Federal, state, and local codes and regulations and VHA directives related to conducting the survey.

(c) Qualifications of field and office personnel assigned to the project.

(3) Suspect Materials. Exposure to airborne asbestos has been associated with multiple diseases. The Environmental Protection Agency and the Occupational Safety and Health Administration have adopted regulations requiring control procedures for exposure and disposal of these materials. These regulations also provide guidance to ensure safe working conditions. Examples of materials which may contain or be covered by asbestos are as follows:

(a) Thermal System Insulation - TSI (Pipe Insulation and Fittings)

(b) Stack insulation

(c) Boiler gaskets

(d) Vibration isolators

(e) Air handling unit blanket

(f) Transite vent hood

(g) Transite wall

(h) Transite (soffit and fascia)

(i) All other Transite materials

(j) Sink undercoating

(k) Sink backsplash

(l) Sheetrock and joint compound

(m) Spray-on ceiling material

(n) Linoleum

(o) Floor tile and mastic

(p) Acoustic ceiling tile

(q) Roofing materials and associated tars and mastics

(r) Exterior stucco

(4) Hidden Suspect Materials. Materials may exist in inaccessible or hidden areas of the facility that cannot be observed or inspected during this survey. Hidden materials may include, but are not limited to:

(a) TSI covered with metal jacketing.

(b) Gasket material at pipe connections between flanges.

(c) Vent pipe or duct insulation within wall cavities.

(d) Vinyl floor tile or sheet flooring beneath sub-floors or overlays.

(e) Spray-on acoustic texture hidden by door jams or covered with drywall.

(f) Contractor shall include all quantities of inaccessible building materials that are suspect ACMs and include them in the database and survey reports.

b. COLLECTION OF SAMPLES. Collection of samples will be in accordance with CFR 763.86 Sampling. Samples shall be analyzed to cover all suspect materials. Samples of suspect ACMs will be collected in accordance with AHERA and NESHAPS protocols to meet current U. S. Occupational Safety and Health Administration (OSHA), EPA and VA requirements. The sampling protocol established within AHERA (extended to commercial buildings by ASHARA) shall be used to determine the required number of samples for suspect friable ACMs. For miscellaneous materials which are suspected non-friable ACMs, NESHAPS protocol shall govern the number of samples to be taken.

SAMPLING PROTOCOL

(1) Protocol deviation. Contractor may request, on a case-by-case basis, implementation of a stop at first positive strategy of analysis for approval by the COR.

(2) Destructive Sampling. All Suspect ACMs included in this survey shall be collected by the most unobtrusive means possible. Destructive sampling is not permitted. Any debris generated by the sampling shall be cleaned by wet-cleaning methods or by vacuuming utilizing a High Efficiency Particulate Air (HEPA) filter. Visible emissions shall not be permitted during the sampling, packaging, transportation, or disposal of the samples.

(3) Exposure Prevention. The Contractor shall collect all samples of suspect ACM in accordance with EPA and OSHA regulations, preventing airborne fiber exposure to the surveyor, the public, and facility personnel.

(a) Samples taken in occupied office spaces will be taken in locations that minimize the risk of potential exposure to occupants and the visual impact of the resulting sample location.

(b) Contractor shall restore visible sample locations to a condition as close to original as possible filling holes with caulking, sealant, or another filler agent similar in tone to the affected material.

(c) When sampling friable materials, the Contractor shall encapsulate all sample locations to prevent any subsequent release of asbestos fibers after sample collection.

(d) Contractor shall immediately notify the COR of any hazardous material or highly friable, contaminated occupied areas that pose an immediate threat to the health of the occupants. A written notification shall immediately follow.

(e) Contracting Officer, Construction Safety Specialist, Safety Manager or COR may present a verbal stop work order to Contractor, if Contractor is advised of any imminent or serious health or safety hazard which Contractor is creating, and which Contractor refuses to take immediate, appropriate corrective action to mitigate. Such a verbal stop work order will be followed by a written stop work order within 24 hours by the Contracting Officer. Work will not be allowed to resume until authorized by the Contracting Officer, after consultation with the COR, to ensure that the imminent or serious health or safety hazard has been abated. The contractor shall assume responsibility for any schedule delay and all monetary impacts due to work stoppages of this nature.

(4) Measurements. Quantities of materials shall be measured wherever practical to minimize the use of estimated material quantities in the final report.

(a) Some material quantities may be determined from area or lineal measurements on existing AutoCAD as-built drawings.

(b) All methods of measurement, whether measured, estimated or extracted from CAD drawings, shall be approved by the COR.

(c) The survey shall produce quantities with an accuracy from which an abatement contractor could base their bid.

(5) Business hours. It may be necessary to collect samples outside of normal business hours in areas that are particularly sensitive to disruptions, have tight security controls, or are designated as “clean” areas requiring maintenance of a sterile environment. This should be considered when creating and implementing the schedule for this survey. Contractor shall coordinate with COR when building the schedule.

c. ASBESTOS LABORATORY REQUIREMENTS. Suspect bulk samples shall be sent to a third-party laboratory accredited in the analysis of asbestos samples by Polarized Light Microscopy (PLM) using Environmental Protection Agency (EPA) Method 600/R-93/116. Additional analysis may be performed, on samples where the results are deemed inconclusive by standard PLM, using PLM point count or Transmission Electron Microcopy (TEM) at the request of the VA. This accreditation is provided by the United States Department of Commerce, National Institute of Standards and Technology’s (NIST), and National Voluntary Laboratory Accreditation Program (NVLAP).

(1) Chain of custody. Samples of ACM shall be transported under full chain-of-custody to the laboratory for analysis.

(2) Sample retention. Samples shall be retained by the laboratory for at least ninety days if the reanalysis of any samples is required.

(3) Disposal. Bulk samples, or portions thereof, resulting from the survey and not sent to the laboratory shall be managed and disposed of by the Contractor in accordance with established federal, state, and local rules and regulations.

d. SURVEY REPORTS. All reports will be presented in physical text and tabular form with two (2) hardcopies (These hard copies shall be bound, labeled, and formatted with tabs. The formatting of these hardbound copies shall discern between Buildings, Floors, and other Site material locations), likewise electronic copies shall be provided in Adobe PDF, and Microsoft Excel file format (Electronic documents shall be organized similarly to their text versions), on two (2) CD-ROM which will be “write protected” and clearly labeled with Project Number, Project Name, Date and Contents before submission to the VA. All Reports shall include proof of lab accreditation and shall be required for each location and type of lab, (Fixed Site, Mobile Facility and Field Operation) each shall have a separate accreditation. Listed below are the requirements for each of the deliverable reports:

(1) Asbestos Survey Report. This report shall include a narrative, and tabulated templates that at a minimum can identify ACM by:

(a) Building/Floor/Room Number

(b) Referenced Drawing Designation

(c) Material Type and Description

(d) Measurable Quantity (Square Feet, Lineal Feet, and/or Diameter)

(e) Homogenous Material ID Number

(f) Friable (Yes/No)

(g) Type (TS-Surf-Miscellaneous)

(h) EPA Category (RACM, CAT1 Non-Friable, CAT II Non-Friable)

(i) ACM Quantity

(2) Sample Data Report. This report shall include the Original Laboratory Report, Chain-of-Custody Documentation, and ACM and/or PACM Re-inspection & Reassessment Report. The report templates shall at a minimum identify ACM by:

(a) Sample Number

(b) Homogenous Material ID Number

(c) Sample Location

(d) Sample Description

(e) % And Type of Asbestos Identified

(3) Hazard Assessment Report. This report shall include at a minimum a narrative report with tabulated report templates that can identify ACM and quantity by:

(a) Material Condition (Good, Damaged, Significantly Damaged)

(b) Potential for Disturbance (Low, Med, Hi) Comments/Response

e. DRAWINGS. Contractor shall produce AutoCAD drawings that show the locations and types of the ACM identified. These shall be reflected on the drawing with a layering and hatching scheme that has been submitted to and approved by the VA. All drawings shall meet VA Standards PG-18-3 (Design and Construction) and PG-18-4 (VA CAD Standards).

(1) Size. Standard sheets will be Architectural F size; 1069 mm (42 in.) long by 762 mm (30 in.) wide and half-size sheets will be 534.5 mm (21 in.) long by 381 mm (15 in.) wide.

(2) Hardcopy Format. Contractor shall provide bound record drawings on bond paper, one full size copy and two half size copies.

(3) Electronic Format. Contractor shall provide two (2) electronic copies; each of the two electronic copies shall contain .dwg and .pdf files of each drawing. Each electronic copy will be labeled as to station #, project #, date, etc. Electronic files shall conform to National CAD Standard and VA Application Guide.

f. APPLICABLE PUBLICATIONS. It shall be the Contractor’s responsibility to identify the applicable federal, state, local laws and regulations, and Veterans’ Health Administration (VHA) Directives, and apply the procedures and protocols as required. The Contractor shall comply with the public laws and statues including all changes and amendments of federal, state, and local environmental statutes and regulations in effect of date of issuance of this contract. The Contractor shall adhere to the most stringent code or requirement when presented with a conflict between codes, laws, regulations, and standards. The Contractor shall make an immediate request to the COR, followed by written request to the Contracting Officer concerning conflicts with, or recommended deviations from codes, laws, regulations, standards, and opinions of review officials as described above. The Contracting Officer has the right to waive the use of the more stringent code, however no work altering the scope of this contract shall be undertaken prior to receipt of written approval from the Contracting Officer. The most current editions of the publications listed below constitute an addendum to this document wherever referenced or applicable.

(1) 29 CFR 1926.1101 Asbestos Regulations for the Construction Industry

(2) 29 CFR 1910.134 Respiratory Protection Standard

(3) 29 CFR 1910.1001 Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite

(4) 29 CFR 1926.62 Construction Standard

(5) 40 CFR 61, Sub-part M, National Emission Standards for Hazardous Air Pollutants (NESHAPS)

(6) 40 CFR 763 EPA Appendix E to Subpart E (ASHARA)

(7) EPA 560/5-85-024, Guidance for Controlling Asbestos-Containing Materials in Buildings

(8) EPA, Asbestos Hazard Emergency Response Act (AHERA) protocols

(9) U. S. Occupational Safety and Health Administration (OSHA)

(10) VHA Directive 7714 Asbestos Management Program

g. DELIVERABLES.

(1) Pre-Survey Report. The Contractor shall collect and evaluate all existing sampling data, records of removal, encapsulation, or enclosure of all known asbestos. This shall be presented in a tabular form. Photographs are not required; however, a single photograph of the building, showing the building number is encouraged. The Contractor shall submit this summation of known acceptable data and areas of no data or unacceptable data within 10 days following the NTP.

(2) Quality Control Plan. Contractor shall submit a copy of the Contractors and sub-contractors’ quality control plan within 10 days following the NTP.

(3) Safety Plan. The Contractor shall prepare and submit a plan for implementation of facility Safety measures (e.g., response to fire alarm, lockout/ tag out, confined space entry, electrical safety.) within 10 days following the NTP.

(4) Employee Medical Documents. Contractor shall submit written evidence, prior to commencement of field activities on this project, that all of its field employees who will be potentially exposed to asbestos during this project and will thus be required to wear appropriate PPE are (1) enrolled in a medical surveillance program for asbestos disease which meets current OSHA requirements outlined in 29 CFR 1926.58 and (2) have been medically cleared within the past 12 calendar months to wear a negative pressure, air-purifying respirator, and (3) have been fit-tested within the past 6 calendar months in the same make and model of negative pressure, air-purifying respirator as may be utilized during this project.

(5) Schedule. The Contractor shall prepare a schedule of when information missing from the Pre-Survey report will be completed (by site visits, surveys, etc.), with a plan for implementation of this schedule, utilizing information from Attachment 3 and coordination with the COR. This shall be submitted within 15 days following the NTP.

(6) Drawings Criteria. Contractor shall submit an AutoCAD layering and key plan that shall be approved in advance for use in the creation of the ACM drawings. Asbestos data shall be on a dedicated layer with contrasting colors, gradients and/or hatches to discern different material types, such as, (ACM floor tile, mastic, TSI, etc.) within 10 days following the NTP.

(7) Schedule of Values. Contractor shall submit a schedule of values within 15 days following the NTP.

(8) Survey Reports. Contractor shall submit all survey reports within 90 days following the NTP. Survey report requirements can be referenced in section 2.4 of this document.

(9) Drawings. Contractor shall submit required drawings within 120 days following the NTP. Drawing requirements can be referenced in section 2.5 of this document.

3. DELIVERABLE SCHEDULE: Contract duration is 120 calendar days and shall follow the deliverable schedule of deadlines as listed in the table below. If the Contractor has a conflict with the deliverable schedule deadlines, the contractor shall submit a proposed Deliverable Schedule to VA for review within 5 days of NTP.

4. SITE VISIT: The VA Pacific Islands Health Care System shall provide a site visit upon request by the potential bidder prior to submission of any cost proposal to the Contracting Officer.

5. ABREVIATED TERMS:

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

a. CO: Contracting Officer.

b. COR: Contracting Officer’s Representative.

c. ACM: Asbestos Containing Materials

d. PLM: Polarized Light Microscopy

e. TEM: Transmission Electronic Microscopy

f. NIST: National Institute of Standards and Technology

g. NVLAP: National Voluntary Laboratory Accreditation Program

h. AHERA: Asbestos Hazard Emergency Response Act

i. NESHAPS: National Emission Standard for Hazardous Air Pollutants

j. EPA: Environmental Protection Agency

k. OSHA: Occupational Safety & Health Administration

l. SOV: Schedule of Values

m. NTP: Notice to Proceed

ATTACHMENT 1

BUILDING LIST:

E-Wing 459 Patterson Road Honolulu, Hawaii 96819

Penthouse

American Samoa CBOC Fiatele Teo Army Reserve Bldg Pago Pago, AS 96799

ATTACHMENT 2

PRIOR SURVEYS LIST:

E-Wing 459 Patterson Road Honolulu, Hawaii 96819 Report

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Field Survey Work Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services PRODUCT/SERVICE CODE: H956 - Other Quality Control, Testing, and Inspection - Construction and Building Materials

MANUFACTURER PART NUMBER (MPN): N/A

NATIONAL STOCK NUMBER: N/A

LOCAL STOCK NUMBER: N/A

Laboratory Analysis

POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services PRODUCT/SERVICE CODE: H956 - Other Quality Control, Testing, and Inspection - Construction and Building Materials

MANUFACTURER PART NUMBER (MPN): N/A

ACM Sample Data Report and Survey/Hazard Assessment Report Production

POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services PRODUCT/SERVICE CODE: H956 - Other Quality Control, Testing, and Inspection - Construction and Building Materials

MANUFACTURER PART NUMBER (MPN): N/A

Drawing Production

POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services PRODUCT/SERVICE CODE: H956 - Other Quality Control, Testing, and Inspection - Construction and Building Materials

MANUFACTURER PART NUMBER (MPN): N/A

Page 1 of Page 1 of

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 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 FAR 32.608-2 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. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.4 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of Provision)

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

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

(End of Clause) C.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

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

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

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

(End of Clause)

C.7 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

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

(End of…