36E77618R0005-026.docx

Section M

1. THIS CONTRACT IS A RATED ORDER

RATING

PAGE OF

PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

4. TYPE OF SOLICITATION

5. DATE ISSUED

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

(If other than Item 7) NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until local time _______________________ (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS

AREA CODE

NUMBER

EXTENSION

(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C

DESCRIPTION/SPECS./WORK STATEMENT

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date schedule.

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

DUNS:

DUNS+4:

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS OF

OFFEROR

(Type or print)

15B. TELEPHONE NUMBER

17. SIGNATURE

18. OFFER DATE

AREA CODE

NUMBER

EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(c) 41 U.S.C. 3304(a) ( )

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

CODE

PHONE:

FAX:

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(Signature of Contracting Officer)

(REV. 6/2014)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33

Previous edition is unusable Prescribed by GSA-FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror) AWARD (To be completed by Government)

N/A

36E77618R0005

X

PCAC

U.S. Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131

U.S. Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 no

SUBMIT PROPOSALS ELECTRONICALLY THROUGH THE VENDOR PORTAL

4:00pm EST 05/22/2018 Timothy Novitsky 216-447-8300 x3496 Timothy.Novitsky@va.gov

X x x x x x x x x x x x x

Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131

VAFSC

U.S. Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429 Kathleen Klotzbach

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

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 the U.S. Department of Veteran Affairs (“VA” or “Government”) 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 VA CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.2 SCHEDULE / PRICE:

The contractor shall furnish all personnel, facilities, equipment, material, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for, or incident to, performance cited herein except as may be expressly set forth in this contract as performed by Government.

Item 1 - Provide energy savings performance contracting (“ESPC”) conservation services for Government facilities identified in section B.3, located at the VA. The services shall be provided in accordance with the Statement of Work provided in Section C, Description/Specifications/Statement of Work, of this contract, all provisions in other sections of this contract, as well as all of the contract attachments. The firm-fixed price for these services is as follows:

A. VISN 8 Energy Services Performance Contract (ESPC) Orlando, FL - TBD

B.3 REQUIRED SERVICES:

The Government requires energy conservation services for the Orlando VAMCs. The Government reserves the right, during either the Preliminary Assessment (“PA”) or Investment Grade Audit (“IGA”) phase, to award in a phasing process (Phase 1 (TO-1), Phase 2 (Mod -1), Phase 3 (Mod -2) etc., based on information obtained on the Energy Conservation Measures (“ECM”) (Attachment J-15 (Government Identified ECM Matrix)) or various financial considerations. This phasing process may include the addition/deletion of ECM(s) or Site(s) in order to obtain a comprehensive package to meet the energy requirements of the VA and is in the best interest of the Government. The Energy Services Company (“ESCO”) shall provide, all labor, material, permits, equipment, transportation and supervision necessary to reduce energy and water consumption, provide energy cost savings and related operation and maintenance cost savings.

Government reserves the right to use any combination of appropriated funds and private financing in Federal ESPCs as provided for in the Energy Independence and Security Act of 2007 and 10 CFR 436. Contracted services may also include operations and maintenance services during a specific term as required in Section C, and/or as proposed by the ESCO and accepted by the Government. Energy savings are guaranteed; therefore, the ESCO shall only receive payment based on the guaranteed annual cost savings through Measurement and Verification (“M&V”) of the installed ECMs. Site specific M&V plans shall contain procedures and guidelines for quantifying the savings resulting from the energy efficiency equipment and water conservation measures.

Section B

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Energy Conservation Measure (ECM) Technology Categories (TC) are included in Attachment J-3, and the Government identified ECMs have been categorized in Attachment J-15.

ECM's installed by the contractor shall not do the following:

1. Jeopardize the operation or environmental conditions of existing systems or areas such as medical treatment facilities, and dedicated computers or computer rooms;

2. Increase water consumption; e.g., once-through fresh water cooling systems (note: evaporative cooling technologies may be considered where environmentally appropriate);

3. Result in cogeneration or an electrical generating project that produces electrical power exceeding that required by the delivery order federal site;

4. Result in an adverse effect upon the quality of the human environment (e.g., requires the preparation of an Environmental Impact Statement) or violates any Federal, State, or local environmental protection regulations;

5. Degrade performance or reliability of existing Government equipment;

6. Reduce extra capacity that was intentionally included for future growth, mobilization needs, safety, or emergency back-up;

7. Violate current versions of national code (e.g., National Electric Code, Uniform Building Code, state or local building codes, etc.; or

8. Create unsafe conditions or otherwise adversely impact Government facilities, operations, and/or personnel.

C.2.3 The VA is interested in considering two potential options for Photovoltaics (PV):

1. Conventional ECM. A PV system ECM that will be Government-owned upon acceptance and commissioning.

2. Energy Sales Agreement (ESA). A PV system ECM that will not be Government-owned until the end of the contract, with payment based on electricity generation (cents / kWh). For this option, the ESCO may be able to take advantage of the Federal Investment Tax Credit (“ITC”) and other tax incentives, and sell Solar Renewable Energy Certificates (“SRECs”).

C.3 FACILITY PERFORMANCE REQUIREMENTS OF ECMs Installed ECMs shall comply with the standards of service required for facilities included in the contract. The standards of service may include acceptable temperature and humidity ranges, allowable setbacks, noise criteria, air quality parameters, lighting levels, and other related factors, as agreed to between the VA and the contractor. At a minimum, where automated controls of lighting or environmental conditions are to be installed, the VA must have the ability to, or direct the contractor to, respond within a specified time to temporarily override the heating, ventilating and air-conditioning (“HVAC”) and lighting systems.

A. Define a site-specific M&V plan for the particular project being installed, once the project has been fully defined and the IGA is completed. This shall occur before the contract is awarded, and the M&V plan will be incorporated into the contract.

B. Define a pre-installation baseline including: (a) equipment/systems, (b) baseline energy use, (c) system performance factors (e.g., lighting levels, temperature setpoints, time clock settings, etc.), and/or (d) actions to determine baseline energy use, which may include site surveys, short-term or long-term metering, analysis of billing data, and/or engineering calculations. The pre-installation baseline should also identify factors beyond the contractor’s control that influence post-installation energy (e.g., building occupancy, weather, plug load creep, etc.). Where factors beyond the contractor’s control potentially exist, the VA and contractor will agree on what measures should be taken to adjust the baseline, modify savings calculations or otherwise account for such factors. Where feasible, adjustments to the calculation methodology for savings are preferred over changes to the baseline. Such adjustments make it easier to present the actual savings. The Energy Savings Performance Contract Risk, Responsibility and Performance Matrix (Attachment J-7) will guide the identification of factors on which such agreements may need to be reached. The definition of all elements of the pre-installation baseline will be agreed upon before award.

C. Define post-installation conditions including: (a) equipment/systems, (b) post-installation energy use, and/or (c) actions to determine post-installation energy use, which may include site surveys, short-term or long-term metering, analysis of billing data, and/or engineering calculations. The contractor shall verify and document any changes or activities that impact energy use throughout the life of the contract. These include changes in occupancy schedules, addition or removal of equipment, implementation of computer power management, and other changes.

D. Conduct annual M&V activities to verify operation of the installed equipment/systems. Compare verified actual savings with the guaranteed savings. During the first year, the frequency of the M&V activities shall be completed on a quarterly basis.

E. Government Witnessing of M&V. A Contracting Officers Representative (“COR”) or the Orlando VAMC Energy Manager shall accompany the ESCO during M&V, which will be performed on a quarterly basis during the first year and on an annual basis thereafter.

F. The contractor shall not take credit toward realized savings for O&M cost savings when VA personnel perform the operations and maintenance on that particular ECM. O&M cost savings shall only be credited toward realized savings if the O&M was previously contracted for, and implementing a particular ECM will result in reduced costs paid to a contractor.

G. Building metering shall be installed and utilized to support the M&V where sufficient metering does not already exist, and VA does not have a contract in place for meter installation. All metering shall be compatible with the metering systems installed by VA, and be compatible with and able to connect into the existing building energy management system. The data will be used in long term building performance trend analysis, problem identification, etc. Please see www.cfm.va.gov/til/nca/251010advutilmetersys.docx for VA’s advanced utility metering system specifications.

C.4.8 M&V Submittals during Development and Post-Award A. The contractor shall prepare and submit a general M&V approach with its PA, identifying the M&V options and methods to determine a site-specific pre-installation baseline and post-installation ECM performance for each proposed ECM.

B. The contractor shall prepare and submit a site-specific M&V plan with its final proposal, per the requirements in Section H.6 and Attachment J-8 of the contract. This site-specific M&V plan shall include a schedule indicating M&V activities and post-award M&V reporting milestones for each ECM. Prior to installation of ECMs, VA must witness measurements and review calculations, records (e.g., utility bills) and other elements of the baseline, to confirm its accuracy and to confirm that methods are consistent with the approved M&V plan, as described in FEMP’s "Guide to Government Witnessing and Review Measurement and Verification Activities" and FEMP’s “Reviewing Post-Installation and Annual Reports for Federal ESPC Projects” at https://energy.gov/eere/femp/downloads/reviewing-post-installation-and-annual-reports-federal-espc-projects C. The contractor shall prepare and submit a post-installation report to the VA (Attachment J-9), which should verify that installed ECMs will meet the required standards of service and the guaranteed annual energy, water, and related cost savings specified in the awarded contract. Inspections and measurements conducted by the contractor for this post-installation report must be witnessed by the VA, in accordance with FEMP’s "Guide to Government Witnessing and Review Measurement and Verification Activities." The post-installation report should be reviewed as recommended in FEMP’s “Reviewing Post-Installation and Annual Reports For Federal ESPC Projects,” and must be accepted in writing, by the VA. VA will review and respond within 60 days.

D. The contractor shall prepare and submit an annual M&V report to the VA (Attachment J-10), including data and calculations that demonstrate that continued ECM performance achieves the guaranteed annual energy, water, and related cost savings as required by the contract. During the first year of performance, this report shall be provided quarterly. Inspections and measurements conducted by the contractor for this annual M&V report must be witnessed by the VA in accordance with FEMP’s "Guide to Government Witnessing and Review Measurement and Verification Activities." The annual M&V report should be reviewed, as recommended in FEMP’s “Reviewing Post-Installation and Annual Reports For Federal ESPC Projects,” and must be accepted, in writing, by a duly authorized representative of the VA. Review and acceptance of the annual M&V report, in accordance with FEMP’s "Guide to Government Witnessing and Review Measurement and Verification Activities " constitutes documentation to determine amount of contractor payment. The VA will review and respond within 60 days.

A. The contractor shall prepare and submit a design and construction package to the Program Contracting Activity Central (“PCAC”) Contracting Officer (“CO”) (VA CO) for review and approval prior to starting ECM installation in accordance with Attachment J-4, Deliverables. The Design and Construction Package shall be certified (stamped) by a licensed professional engineer in the State where the work is performed to assure compliance with applicable building codes and VA design standards. Site-specific VA requirements of the design and construction package shall be found at the Technical Information Library http://www.cfm.va.gov/til/spec.asp. Acceptance of the Design and Construction Package by the VA shall not relieve the contractor from responsibility for meeting facility standards of service and guaranteed cost savings. Contractor shall not proceed with construction until formal direction from the VA CO is obtained after approval of the Design and Construction Package. Approval may be granted for individual ECMs to proceed.

B. The Design and Construction Package due date is included in Attachment J-4, Deliverables. Phased design and construction may be allowed and specified by the VA in the contract. Upon approval of the Design and Construction Package, bonds will be required within 30 days of award and prior to kick-off.

C. The Design and Construction Package shall be prepared and include at least the following:

1. Manufacturer's Data - For all ECM equipment to be installed, the contractor shall provide the manufacturer's descriptive literature of equipment including drawings, diagrams, performance and characteristic curves, catalog cuts, installation guidelines, and warranty considerations.

2. Design and Construction Specifications - Unless otherwise specified by VA, the contractor shall identify and reference design and construction specifications applicable to installed ECMs.1. THIS CONTRACT IS A RATED ORDER

RATING

PAGE OF

PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

4. TYPE OF SOLICITATION

5. DATE ISSUED

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

(If other than Item 7) NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until local time _______________________ (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS

AREA CODE

NUMBER

EXTENSION

(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C

DESCRIPTION/SPECS./WORK STATEMENT

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date schedule.

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

DUNS:

DUNS+4:

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS OF

OFFEROR

(Type or print)

15B. TELEPHONE NUMBER

17. SIGNATURE

18. OFFER DATE

AREA CODE

NUMBER

EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(c) 41 U.S.C. 3304(a) ( )

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

CODE

PHONE:

FAX:

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(Signature of Contracting Officer)

(REV. 6/2014)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33

Previous edition is unusable Prescribed by GSA-FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror) AWARD (To be completed by Government)

N/A

36E77618R0005

X

PCAC

Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131

U.S. Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 no

SUBMIT PROPOSALS ELECTRONICALLY THROUGH THE VENDOR PORTAL

4:00pm EST 05/22/2018 Timothy Novitsky 216-447-8300 x3496 Timothy.Novitsky@va.gov

X x x x x x x x x x x x x

Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131

VAFSC

U.S. Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429 Kathleen Klotzbach

3. Construction Drawings - Construction drawings shall be prepared by the contractor, subcontractor, or any lower-tier subcontractor, showing in detail:

i. The installation (i.e., form, fit, and attachment details) of the interface between ECM equipment and existing Government equipment.

ii. The location of installed equipment on building floor plans.

iii. Certification of ECM compliance with building codes and standards. The ESCO shall provide registered Professional Engineer (“PE”) certification that ECMs comply with all applicable building codes and standards. ECM installation plans submitted to the VA CO without evidence of the registered PE certification shall be returned for resubmission.

4. Planned Service Interruptions - If any utility services must be discontinued temporarily to perform work, such interruptions shall be described and indicated on the project installation schedule. Required service interruptions shall be scheduled per Section C.5.6 to include: the length of the interruption, interruption time (date, day of week, time of day, etc.), justification, and Government point of contact for coordination and workarounds needed to minimize impact. This information shall be included as part of the Design and Construction Package.

5. Site Plan and Compliance with Federal Site Exterior Architectural Plan - If an ECM involves the installation of facilities or exterior structures, the contractor shall provide a site plan showing its location, or show its location on VA's existing site plan. The contractor shall also provide plan and elevation drawings of the facility or exterior structure showing its size and exterior appearance.

6. Acquisition of Permits - For any ECM installation requiring permits from regulatory agencies, the contractor shall provide its plan and schedule for acquiring such permits in accordance with VA instructions and requirements.

7. Installation Schedules - The installation schedule shall show the order in which the contractor proposes to perform the work and the dates on which the contractor contemplates starting and completing all major milestones (including acquiring materials, equipment, permits, and inspections). The schedule shall be in the form of a progress chart of suitable scale to indicate the amount of work scheduled for completion by any given date during the installation period.

D. Design documents will require both a preliminary and final review by VA.

A. All ECMs, work, equipment and materials required for ECM installation shall comply with the most recent issue of the design and construction standards found at VA’s Technical Information Library http://www.cfm.va.gov/til/spec.asp, including but not limited to VA directives effective on the date of contract award. The following list of standards is provided as a guideline for establishing these requirements:

· American National Standards Institute (ANSI)

· Code of Federal Regulations (CFR)

· 29 CFR 1910, Occupational Safety and Health Standards

· 10 CFR 435, Energy Conservation Voluntary Performance Standards for Commercial and Multi-Family High Rise Residential Buildings

- 29 CFR 1926, Safety and Health Regulations for Construction

· National Electric Code (NEC)

· National Electrical Safety Code (NESC)

· National Fire Protection Association (NFPA) Standards including, but not limited to, NFPA 101 - Life Safety Code

· National Electrical Manufacturers Association (NEMA)

· Underwriters Laboratory (UL)

· Uniform Building Code (UBC)

· Uniform Plumbing Code (UPC)

· American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE)

· ASHRAE 62

· ASHRAE 90.1

· Army Corps of Engineers Safety Manual

· National Historic Preservation Act, as applicable

· Illuminating Engineering Society of North America (IESNA)

· American Institute of Architects (AIA) Masterspec

· Air-Conditioning and Refrigeration Institute (ARI)

· Occupational Safety and Health Administration (OSHA) regulations

· Other design standards required by the ordering VA CO

· VA Construction Safety Guidebook: http://vaww.ceosh.med.va.gov/01HP/02HP_Guidebooks/03_Collections/04HP_ConstructionSafety/CSPF.pdf

· National Environmental Policy Act (NEPA)

· VA design manuals: https://www.cfm.va.gov/til/dmanual.asp

· Whole Building Design Guide http://www.wbdg.org/guides-specifications

· VA Master Construction Specifications: http://www.cfm.va.gov/til/spec.asp

· VA Boiler and Boiler Plant Operations Directive (Attachment J-19)

· 2010 National Contract Agenda and Worksheets Using the VHA Boiler Plant Safety Device Testing Manual: http://vaww.ceosh.med.va.gov/01HE/02HE_SpecificTopics/03HE_BoilerPlants/04HE_Guidance/BoilerPlantSafetyDeviceTestingManualThirdEdition091712.pdf B. No requirement of this contract shall supersede applicable regulations, local codes and/or standards. Any violation of such regulations and standards shall be brought to the attention of the VA CO for clarification or direction prior to proceeding with the work.

C. If conflicts between designated applicable codes and/or standards exist, the VA CO and applicable authority having jurisdiction shall determine the appropriate code to follow.

D. The contractor shall formally submit the conflict of applicable codes to the VA within 10 business days of discovering the conflict. The contractor shall include a copy of the Design Manuals, Guides and VA Master Specifications which indicate the conflict, and were in place at the time the final task order is awarded. The submitted documents should be electronic, in DVD format. There is a function on the CFM VA-TIL website (see C.5.2.A above) to perform this complete download.

C.5.3 ECM Quality Control Inspection Program The contractor shall be responsible for quality control during installation of ECMs. The contractor shall inspect and test all work performed during ECM installation to ensure compliance with the contractual performance requirements. The contractor shall maintain records of inspections and tests, including inspections and tests conducted by or for any non-Federal organization, such as a utility or other regulatory agencies. The contractor shall prepare an ECM Quality Control Inspection Plan for review and acceptance by VA. Any changes to the ECM Quality Control Inspection Plan shall be submitted for review and acceptance to VA. The ECM Quality Control Inspection Plan shall be prepared and submitted in accordance with the reporting requirements in the contract.

A. The ECM Quality Control Inspection Plan shall detail the procedures, instructions, and reports that ensure compliance with this contract. This plan shall include, at a minimum:

1. The quality control organization in chart form, showing the relationship of the quality control organization to the contractor's organization.

2. Names and qualifications of personnel in the quality control organization.

3. Area of responsibility and authority of each individual in the quality control organization.

4. A listing of outside organizations, such as testing laboratories, architects, and consulting engineers that will be employed by the contractor, and a description of the services these firms will provide.

5. Procedures for reviewing all shop drawings, samples, certificates, or other submittals, including the names of the persons authorized to sign the submittals for the contractor.

6. An inspection schedule, keyed to the installation schedule, indicating necessary inspections and tests, the names of persons responsible for the inspections and tests, and the time schedule for each inspection and test.

7. The procedures for documenting quality control operations, inspections, and testing, with a copy of all forms and reports to be used for this purpose. The contractor shall include a status log listing all submittals required by the inspection plan and stating the action required by the contractor or VA. The contractor shall also prepare and maintain a testing plan that shall contain a listing of all tests required by this contract and any applicable VA specifications.

8. The ECM Quality Control Inspection Plan shall be submitted to the VA for review and approval as a separate stand-alone document at the same time as the required Design and Construction Package or as directed by the VA CO, after award of the contract.

9. Final quality control records shall be consolidated and provided to the VA CO and COR.

C.5.4 ECM Commissioning The contractor shall assure VA, through the ECM Commissioning, that the ECMs performance achieves facility and/or process performance requirements as set out in the contract. The ECM Commissioning shall be accomplished through a process of verification and documentation, in accordance with the “Commissioning Guidance for ESPCs,” which can be found at https://energy.gov/sites/prod/files/2013/10/f3/comm_guide_espc.pdf A. ECM Commissioning Approach - The contractor shall submit in its final proposal, a severable ECM Commissioning Approach document, that utilizes data and factors derived from the IGA, needed to achieve facility performance requirements in accordance with the contract.

B. ECM Commissioning Plan - After VA reviews and accepts the Design and Construction Package, the contractor shall provide a Commissioning Plan to VA for acceptance that finalizes the Commissioning Approach and addresses each ECM with specific steps that will be taken during the commissioning process. Commissioning plans shall follow the latest version of the DOE/GSA “Commissioning for Federal Facilities”.

https://energy.gov/sites/prod/files/2014/07/f17/commissioning_fed_facilities.pdf C. ECM Commissioning Report - The contractor shall submit to VA a Commissioning Report documenting the ECM’s effect upon facility performance requirements in accordance with the Commissioning Plan and VA requirements.

NOTE: VA has developed the “Whole Building Commissioning Process Manual.” The document is located at the following link:

http://www.cfm.va.gov/til/Cx-RCx/CxManual.PDF C.5.5 Environmental Protection (A – F) A. Impacts on air quality (pollutants, noise level, and odors or fumes) and potable water use are examples of potential areas of concern at the project site. Any ECM and related work shall comply with the National Environmental Policy Act (“NEPA”) and other applicable Federal, State and local environmental protection regulations. The contractor will identify to the VA specific known hazardous waste handling and storage requirements (e.g., Polychlorinated Biphenyl (PCB) ballasts removed from lighting fixture retrofits).

B. The contractor shall comply with applicable Federal, State and local laws and with the applicable regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the VA CO. Authorized VA officials may inspect any of the contractor's work areas on a no-notice basis during normal working hours. The contractor shall indemnify and hold the Government (including the ordering VA CO and/or any person acting on behalf of the Government) harmless for any and all liability, including attorneys’ fees and legal costs, resulting from the contractor’s noncompliance or violation of any applicable Federal, State or local law, regulation or standard regarding environmental protection. In the event that a regulatory agency assesses a monetary fine against the VA for violations caused by the contractor’s actions or inaction, the contractor shall immediately reimburse the VA for the amount of any fine and other related costs.