36S79718R0007-00006001.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 OF

36S79718R0007

X 05/25/2018

TBD PER TASK ORDER (TO)

TBD PER TO

Department of Veterans Affairs OPAL/ National Acquisition (NAC) 1st Ave., One Block North of 22nd St.

Building 37 Hines IL 60141

SAME AS BLOCK 7

Maria Engracia Alba 708.786.7669 Multiple Award Task Order Contract (MATOC) for the National Acquisition Center in Hines, IL Building 37.

Firm Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) MATOC for construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property of Building 37.

The government contemplates a minimum of three (3) contract awards and reserves the right to make additional awards to Offerors whose proposal fully complies with the submission instructions and proposes Best Value.

The resultant IDIQ contracts awarded will include a five (5) year ordering period from the date of award.

The guaranteed MINIMUM amount for each resultant award is $2,000 for the life of the contract.

The MINIMUM ordering limit per TO is $2,000. The MAXIMUM ordering limit per TO is $10,000,000.

This RFP is 100% set-aside for Service Disabled Veteran Owned Small Businesses (SDVOSB). In accordance with Veterans Affairs Acquisition Regulations (VAAR) 819.7003 (b) at the time of submission of proposal, the offeror must represent that it is an SDVOSB concern, a small business concern under NAICS 236220 (Commercial and Institutional Building Construction/Size S Construction/Size Standard $36.5M) and is CVE verified for eligibility in the VIP database.

This RFP features a SEED PROJECT with a magnitude between $250,000 and $500,000 per VAAR 836.204(d).

Refer to Attachment's 6 through 14 for SEED PROJECT details.

This is a competitive acquisition that shall utilize a Tradeoff Process in accordance with Federal Acquisition Regulation

(FAR) 15.101-1.

NOTE: Ensure all correspondence is mailed or hand-carried to the address listed in block 7 above.

TBD PER TO

TBD PER TO

52.211-10

TBD PER TO

3:00PM CST

06-14-2018

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs OPAL / National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines IL 60141

Department of Veterans Affairs

CHIEF, FISCAL DIVISION (901A)

HINES SERVICE AND DISTRIBUTION CENTER

PO BOX 7005

HINES IL 60141-7005

CONTRACTING OFFICER SPECIAL INSTRUCTIONS

After compiling all required information, submit the information in accordance with Block 13 of the SF 1442. Return the original and specified number of copies to the issuing office listed in Block 8 of the SF 1442.

INQUIRIES

Written requests for information or clarifications to solicitation documents shall be submitted to the Contract Specialist at maria.alba@va.gov. Telephone inquiries will not be accepted.

Inquiries and all correspondence concerning this solicitation document should be submitted in writing to the Contract Specialist. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACT SPECIALIST ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.

CONTRACTORS SIGNATURE

In accordance with Federal Acquisition Regulations (FAR) Part 4, contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the contractor as follows:

(a) Individuals. Signed by the individual.

(b) Individual doing business as a firm. Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as __________________ (insert name of firm)".

(c) Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.

(d) Corporations. Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.

(e) Joint Ventures. Signed by each participant in the joint venture in the manner prescribed in (a) through (d) above.

(f) Agents. When an agent is to sign the contract, other than as stated in paragraph (a) through (e) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the Contracting Officer (CO).

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) This RFP & all associated bid documents are available to interested parties in electronic file format from www.fedbizops.gov. No hard copy documents will be provided by the government.

(b) A proposal guarantee (bid bond) is NOT required for the Multiple Award Task Order (MATOC) Seed Project.

(c) For each Task Order (TO) issued under the MATOC that shall exceed $150,000 (see FAR 28.102-1 for lesser amount), the vendor will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum of the TO award. Copies of SFs 25 and 25A may be obtained from the CO upon request.

(d) Offerors are to ensure the most current version of SF24, SF25, and SF25A bond forms are used. Current versions of these forms can be found and downloaded from the GSA Forms Library (https://www.gsa.gov/portal/forms/type/TOP).

STATEMENT OF WORK

General project descriptions and specifications shall be derived from the Statement of Work (SOW) of each individual TO that is issued to execute a construction project. The primary purpose/work to be ordered under this contract is general construction (NAICS 236220), but may include work incidental to the overall construction work and may consist of multiple disciplines of construction for a 500,000 square foot building that houses office and warehouse space. The details of the categories of work may include the following:

a. PLUMBING: Shall include but not limited to piping, faucets, sinks, water fountains, urinals, commodes, water pumps, ejector pumps, drains, roof drains, storms drains, hot water tanks and other plumbing requirements as needed/required.

b. ELECTRICAL: Shall include but not limited to low voltage (to include computer data, telephone, emergency alarm and audiovisual lines and equipment installation), high voltage, all wiring, transfer switches, transformers (all types), generators (emergency power) fuses, breakers, electrical panels electrical boxes, electrical grounding, lighting, fixtures, switches, timers, gauges, meters, electric locks and other electrical requirements as needed/required.

c. HVAC SYSTEMS/STEAM HEAT: Shall include but not limited to air conditioning, ventilation, steam heat, forced air heating, motors (all types), fans, controllers, VAV boxes, steam valves, steam traps, gauges, meters, belts, filters, and other HVAC systems/steam heat and other requirements as needed/required.

d. ARCHITECTURAL & STRUCTURAL MODIFICATIONS/ALTERATIONS & CARPENTRY: Shall include but not limited to walls, offices, doors, windows, floors, ceilings, small partition walls and storage rooms and other structural needs/building requirements as needed/required.

e. ROOF REPAIRS: Shall include but not limited to roof leaks and holes, roof drains, cement slabs or damage from weather related incidents. All repairs shall be made in accordance with manufactures warranty and specifications, and other requirements as needed/required.

f. LOCKSMITH WORK: Shall include but not limited to standard locks, high security, and emergency exit locks with sounders, electric lock, safes and other requirements as needed/required.

g. ROAD AND PARKING LOT REPAIRS: Shall include but not limited to repair of roads and parking areas which surround, Building 37. Small holes may be patched but larger holes shall be saw cut, cleaned out, leveled with sand and stone then filled with hot road tar or concrete as appropriate, Repairs may also include concrete curbs and aprons, restoration of lawns and flower beds and other associated repairs as needed/required.

h. FIRE SAFETY: Shall include but not limited to inspection, testing and repair of fire extinguishers, inspection of the sprinkler systems/risers/float switches, alarm sounders, strobes and smoke detectors. Inspection and repair of FM200 gas systems, sprinkler pre-action systems, post indicator valves, inspection and flushing of hydrants.

In addition to the categories of work detailed above, work may also include, but not be limited to interior and exterior renovations, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related tradesman work requirements on as needed/required basis.

SPECIAL CONTRACT REQUIREMENTS

1. CONTRACT ADMINISTRATION

Only a warranted CO acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the MATOC and subsequently issued TOs. If an individual other than the CO attempts to make changes to the terms and conditions of the MATOC or subsequently issued TOs, the contractor is hereby directed not to proceed with the change and immediately notify the CO.

No deviations or waivers to the MATOC or subsequently issued TOs shall be effected without a modification executed by a CO, authorizing such changes, deviations, or waivers.

Each MATOC awarded will be assigned it’s own MATOC number.

Subsequent TOs issued under the MATOC will be assigned a TO number.

2. MATOC ORDERING PERIOD

TOs may be issued through five (5) years from the MATOC award date.

3. ORDERING PROCEDURES

A TO Request for Proposal (RFP) hereafter referred to as an “RFP” or “RFPs”, will be issued to MATOC contractors when construction services are required.

Contractors will be requested to submit a response to the TO RFP. The RFP may include items such as a SOW, plans and specifications, pertinent supplemental specifications, construction drawings, and any other requirements (e.g. proposal requirements, price schedule, etc.) needed for adequate proposal submission. The government may provide these items as electronic media, such as via a web based file sharing site or e-mail. All further reproduction of the SOW, specifications, and drawings shall be solely at the contractors expense.

Contractors may be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design and all other associated costs necessary to fulfill the requirement specified in each TO RFP. Proposals shall include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, overhead and profit (OH&P) and any other costs associated for a construction or design effort.

4. TASK ORDER ISSUANCE

TOs will be issued using the Standard Form (SF) 1442, or other authorized VA forms where appropriate. Orders may be issued electronically via e-mail, regular mail, telephone, facsimile, or other authorized electronic means. All TOs will be issued by a warranted CO.

TOs issued against the MATOC will be Firm-Fixed-Price (FFP).

For accounting and appropriation data purposes, each TO will be individually funded.

5. MINIMUM GUARANTEE

a. The MINIMUM guarantee for each recipient of a MATOC award is $2,000. The minimum guarantee shall be considered satisfied upon award of the first TO.

b. The MINIMUM TO amount is $2,000. The MAXIMUM TO amount is $10M.

c. The TOTAL value of all individual TOs placed against the MATOC shall not exceed $25 Million in the 5 year ordering period.

6. TASK ORDER FAIR OPPORTUNITY PROCESS

MATOC awardee’s will be provided a fair opportunity to submit a proposal (in response to an issued TO RFP) and have the offer fairly considered.

6.1 TASK ORDER EVALUATION METHOD AND PROCEDURES

Each individually TO RFP will describe the criteria (low price, lowest price technically acceptable, or tradeoff) the CO will utilize for the evaluation of proposals.

In making a decision on the award of an individual order, a CO may consider factors such as Past Performance on previously awarded orders under the MATOC, and take into consideration, quality and timeliness of work performed, and/or other factors that may be relevant to the award of a particular order. The CO will consider price under each order as one of the factors in the selection decision.

7. PROPOSAL CONTENTS AND PREPARATION COSTS

Proposal contents shall be stated within the specific TO RFP.

Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the contractor. Contractors will not be reimbursed for attendance during negotiations, site visits, walk-throughs or any other TO pre-award activities.

8. TASK ORDER PERFORMANCE PERIOD

The TO Period of Performance (POP) shall be determined at the individual TO level.

9. GENERAL WAGE DECISIONS

Applicable Davis-Bacon wage rates will be identified for all TO (excluding only 100% demolition projects) issued under a MATOC, and shall be current at the time of receipt of TO RFP.

Service Contract Act wage determinations will be issued for TO for 100% demolition projects only.

Contractors are hereby given notice and bear the sole responsibility of utilizing the most current Wage Determinations when submitting proposals for evaluation. Up-to-date Wage Determinations may be found online at http://www.wdol.gov.

10. EVALUATION OF CONTRACTOR PERFORMANCE

Contractor performance shall be evaluated upon completion of each TO that is awarded for an amount greater than the threshold identified in FAR 42.1502(e) (Currently $700K) as well as overall performance of each MATOC.

Interim evaluations may be prepared at any time during contract performance when it is determined to be in the best interest of the government.

Evaluations will be processed through the CPARS (Contractor Performance Assessment Reporting System), Past Performance Information Retrieval System [PPIRS], and/or Federal Awardee Performance and Integrity Information System [FAPIIS]).

Contractors are required to designate a Point of Contact (POC) to receive notification of performance evaluations for the MATOC and subsequently issued TOs. The POC must maintain a current email address on file with the CO. The CO must be notified of any changes to the POC.

11. CONTRACTING OFFICER'S REPRESENTATIVE

CO’s shall appoint Contracting Officer’s Representative (COR) to provide technical oversight of individual TOs. All matters concerning the MATOC or resulting TOs, however, shall remain under the authority of the CO.

The CO is the only person authorized to commit the government to a contract action. Only CO’s with appropriate warrant levels have the authority to modify the term and conditions of the MATOC, and/or subsequently issued TOs.

A list of the names and telephone numbers of the government team comprising the CO and COR will be provided at the post award conference and pre-construction conference.

12. PRE-CONSTRUCTION CONFERENCE

Prior to starting work under a TO the contractor shall meet with the CO and COR to discuss and establish expectations regarding overall project oversight, to include schedules and expected contractor performance. If the government requests (TBD per TO) that the subcontractor attends the contractor shall make sure that their subcontractor be present for the pre-construction conference.

13. PREPARATION OF PROGRESS SCHEDULE AND REPORTS

Specific details regarding progress schedules and related reports shall be addressed on each individual awarded TO.

14. SITE VISITS

Mandatory Site visits may be deemed necessary for MATOC awardees to submit proposals on certain TO RFPs. When required, it will be clearly stated in the individual TO RFP.

Failure to conduct site visits may not be used as an excuse for omissions or miscalculations in proposals, and may be taken into consideration in determining a contractors eligibility to participate in future TOs.

15. PRE-AWARD SITE INSPECTIONS

Contractors should inspect project job sites during the scheduled site visit with the COR prior to proposal submissions for individual projects. Any deficiencies, conflicts, or other areas of concern existing in the SOW and/or applicable drawings should be brought to the attention of the CO in writing. The contractor shall also notify the CO upon observing any features in the design that appear to be ambiguous, confusing, conflicting or erroneous.

16. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

Unless specified otherwise in a TO, this paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the CO to award a time extension for unusually severe weather, the following conditions must be satisfied:

The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractors progress schedule must reflect consideration of these anticipated adverse weather delays in all weather-dependent activities.

Upon acknowledgment of the Notice To Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractors scheduled workday.

The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the CO will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a bilateral modification.

17. OMBUDSMAN

The TO contract and delivery order ombudsman for VA is the Associate Deputy Assistant Secretary for Acquisitions per VAAR 816.505—Ordering and as described in FAR 16.505 (b)(6). Interested parties may obtain the name, telephone number, facsimile number, and e-mail address of the current Associate Deputy Assistant Secretary for Acquisitions by contacting: The Office of Acquisitions (049A), VA Central Office, 810 Vermont Ave., NW., Washington, DC 20420.

18. INVOICING AND PAYMENT

Properly prepared invoices bearing the contract number, and corresponding TO numbers will be submitted utilizing the VA’s Electronic Invoice Presentment and Payment System (see web site http://www.fsc.va.gov/einvoice.asp) which is contained in VAAR 852.232-72 During the performance period of the MATOC, utilization of electronic invoicing shall be required. Payment will be made by the paying office specified in the TO, and shall be in accordance with FAR 52.232-5--Payments under Fixed-Price Construction Contracts, FAR 52.232-27--Prompt Payment for Construction Contracts, and VAAR 852.236-82 – Payments Under Fixed-Price Construction Contracts.

All payments shall be made by electronic transfer of funds (EFT).

The government will make payment upon satisfactory completion and acceptance of work by the CO.

Payments may be withheld unless proper submission of weekly payrolls. Such payrolls must be fully compliant with Davis-Bacon Act or Service Contract Act (TBD per TO) requirements.

All requests for payments must include a Subcontractor Payment Register pursuant to FAR 52.232-5.

Final invoice shall not be submitted until government acceptance of the completed project has been made in writing. Final invoice shall be submitted along with a Release of Claims.

INVOICE CONTENTS

Requests for payment in accordance with terms of the contract shall consist of:

The contractors invoice showing, in summary form, the basis for arriving at the amount of the invoice;

The contract performance statement which shall show, in detail, the estimated cost, percentage of completion, and value of completed performance; and updated progress and equipment delivery schedules.

Payments to the Contractor. Payments shall be subject to reduction for overpayments or increase for underpayments on preceding payments to the contractor. Progress payments on material delivered on the site (but not installed) and for completed preparatory work will be considered in accordance with FAR 52.232-5 and VAAR 852.236-82 and shall be for major high cost items or long lead special order items. In the request for progress payment, such items shall be specifically identified in the contractors estimates of work submitted for the CO’s approval. At the time of invoicing, the amount billed shall be supported by documents establishing its value. Progress payment for material delivered on site but not installed, and for competed preparatory as authorized under FAR 52.232-5 and VAAR 852.236-82 shall be specifically identified in the schedule of prices. Only approved items shall be eligible for progress payment.

Obligation of Government Payments. The obligation on the government to make payments required under the provisions of this contract will, at the discretion of the CO, be subject to the following: (1) Reasonable deductions due to defects in material or workmanship; (2) Claims which the government may have against the contractor under or in connection with the contract; (3) Unless otherwise adjusted, repayment to the government upon demand for overpayments made to the contractor; and (4) Receipt of payroll data (to include prime and subcontractors) covering the period of performance of the invoiced amounts.

Payment of Bonds: A paid invoice is required before payment of bonds can be made. Contractors must list Bonds as a separate item on progress reports and/or Schedule of Values.

19. REGULATIONS

Contractors shall comply with all applicable Federal, State, Local, and VA regulations pertaining to safety, traffic control, infectious control, green environmental management, security, and fire prevention.

Contractors may use the Engineering library, which contains most applicable VA publications as well as some commercial project data information, or the VA Acquisition Policy website, http://www1.va.gov/oamm/oa/ars/policyreg/index.cfm, which has links for several other sites with available publications, forms and project data information. These may also be acquired from the Government Printing Office website, http://www.fdsys.gov.

The contractor, contractor employees and/or subcontractors shall become familiar with and obey the regulations of the facilities, including fire, traffic, safety and security regulations while on governmrnt grounds. Those driving motor vehicles shall observe and obey all speed limits posted throughout the grounds. The contractor, contractor employees and/or subcontractors shall not enter restricted areas unless required. Entry to restricted areas, require COR approval prior to entrance. The contractor, contractor employees and subcontractors shall carry proper personal identification with them at all times.

Contractor equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

20. COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS

Contractors, contractor employees, and Subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority now or hereafter in force).

Contractors shall agree to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract or rules, regulations, directions and order not inconsistent, herewith as may from time to time be issued by the government.

The unilateral act of any Governmental body against any employee of the contractor for the violation of a state or federal law or regulation shall not excuse the contractor from full compliance with the terms and conditions of this contract.

21. TRANSPORTATION, HANDLING AND STORAGE

Contractors shall coordinate with suppliers and shippers to ensure that incoming materials are properly identified with the contractors name, contract number and project title. The contractor shall designate an authorized individual to be available to receive shipment. The government will not provide storage other than that available at the project site.

Storage of supplies, materials and equipment on the project site shall be accomplished in such a manner so as to prevent mechanical and climatic damage and loss due to vandalism or theft. Equipment temporarily removed in the performance of work and stored on the job site shall be stored and protected in accordance with previous paragraphs, and shall be replaced in a condition compatible with its original state. Security for equipment and material removed from the job site for temporary storage until reuse shall be the responsibility of the contractor.

22. CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALS

At the end of each workday, contractors shall clean up the work and storage areas and stack all materials in a manner approved by the COR. Upon completion of a project, the contractor shall ensure that all dirt, trash, and debris resulting from the construction operations are removed from the work area. Unless directed otherwise in the contract or by the CO, disposal of debris shall be made at the contractors expense and shall be delivered to a state approved disposal site located off the VA grounds. Debris shall not be left in such a manner that wind or other weather conditions can cause the debris to be scattered outside the work area or inside Building 37 via local foot traffic.

The hauling and disposal of excess fill material including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be the sole responsibility of the contractor. Disposal shall be in accordance with applicable federal, state and local regulations.

23. SHOP DRAWINGS AND SUBMITTALS

The contractor is responsible for preparation of all shop drawings, submittals, and as-built drawings/red-line drawings, etc., for each project in accordance with requirements contained in the TO RFP.

24. MISCELLANEOUS CONTRACTOR REQUIREMENTS

Prior to commencing on-site construction, the contractor shall provide the CO with a telephone number, FAX number, and email address at which the contractor or his/her representatives may be contacted at any time during regular working hours. An emergency number at which the contractor may be contacted in situations requiring immediate attention must be made available to the CO or COR.

All work under this contract shall be performed in a skillful and workmanlike manner. The contractor shall employ and utilize only experienced (or certified apprentices), responsible, and capable persons in the performance of work under this contract.

All employees must be citizens of the United States or authorized aliens and shall be able to furnish proof of citizenship if asked to do so by the CO. Only authorized contractor employees and/or subcontractors shall be admitted to the worksite at all times. The CO may, in writing, require the contractor to remove from the job site, any employee the CO deems incompetent, careless or otherwise objectionable.

Superintendence. The contractor shall give his/her personal superintendence to the work or have a competent foreman from his/her own staff at the work site while work is in progress, with authority to act on behalf of the contractor. The contractors superintendent and/or foreman is responsible for maintaining and conducting the inspection system required by the contract.

Removal of Personnel. The CO may require the contractor to remove from the job those employees who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of VA security. Contractor employees and/or subcontractors may also be removed for actions deemed as objectionable by the CO.

Parking of contractor vehicles shall be restricted to the contractors designed on-site area, work area, or other designated location, if available. Limited parking is available on site. The company name shall be prominently displayed on all construction vehicles parked on the job site.

25. SUPERVISION

The government shall not exercise any supervision or control over contractor employees performing services under the MATOC; such employees shall be accountable not to the government, but solely to the contractor, who in turn is responsible to the government.

26. SAFETY ASSURANCE

Compliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials; the demolition of structures containing asbestos; and/or disposal and removal of asbestos, shall also comply with the requirement of 40 CFR, Part 61, Subpart A. All work shall comply with applicable federal, state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. The VA's Construction Safety Guidebook is available at the following web site: http://vaww.ceosh.med.va.gov/01hp/pages/guidebooks.shtml Accident Notification/Report. In the event of a job-related accident, the contractor shall immediately notify the COR and shall prepare a Report of Accident (VA Form 2162 or equivalent) in quadruplicate and forward the original and two copies to the CO and COR. The contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the respective COR. Lost time injury is defined as "An injury resulting in a lost workday, not including the day of injury."

Contractor Responsibility. The contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work. The government shall not be held liable for any action on the part of the contractor, contractor employees and/or subcontractors, which result in illness, injury or death.

Crawl spaces and attics are to be treated as confined space entry. Contractor must follow 29 CFR1910.146 and use VA furnished Form entitled Required Confined Space Entry Permit when making an entry. NOTE: A confined space does not include areas above suspended acoustical tile ceiling.

Where an employee can fall more than 6 feet, a fall protection system must be used as referenced in 29 CFR 1926.500.

When requested, the contractor shall provide Material Safety Data Sheets (MSDS) to the CO and COR prior to work commencement.

All references to protection of the site and adjacent buildings when trenching, shall include protection of all employees also.

Inspections, Tests and Reports. Required inspections, tests and reports made by the contractor, subcontractor, specially trained technicians, equipment manufacturers and other as required, shall be at the contractors expense.

Materials and Equipment. Special facilities, devices, equipment, clothing and similar items used by the contractor in the execution of work shall comply with applicable regulations.

Traffic Control Devices. The contractor shall comply with the recommendations contained in Part 6 of the U. S. Department of Transportation, Federal Highway Administrations “Manual on Uniform Traffic Control Devices”, available at http://mutcd.fhwa.dot.gov/, to ensure proper warnings to motorists and adequate traffic control. The contractor shall provide all warning lights, barricades and other traffic control devices and signs.

27. CORRESPONDENCE

The contractor is strongly encouraged to send "all" correspondence to all involved staff electronically. This includes but is not limited to general correspondence, submittal transmittals, submittal information (actual) from manufacturers, requests for payment, progress schedules, daily logs, payrolls, etc. Realizing that much information comes from subcontractors, suppliers, distributors, and manufacturers, the general contractor should thoroughly communicate this request to "all" of these parties as well. The intent is to have as much of the entire contract done electronically. Contractor shall provide a cell number of the onsite supervisor for use in communication throughout the work day. Additionally, the government may issue two way radios for which the contractor shall be responsible to sign out and sign back in upon completion of the project. The contractor will responsible for all damage or loss of radios.

No materials or supplies shall be delivered to the employee loading dock. If they get delivered to the dock, they can be sent away with no responsibility to the VA. These shall only be delivered to the contractors staging area such as a job site trailer. The contractor must be available to accept delivery. VA staff absolutely will not sign for contractors supplies and materials.

28. SCHEDULING OF PRE-FINAL AND FINAL INSPECTIONS

Notification for Pre-final Inspection. The contractor and the government will jointly conduct a pre-final inspection prior to any final inspection. Request for the pre-final inspection shall be made in writing to the CO at least 5 days prior to the desired date.

The project shall be 100% complete prior to the contractor submission of a Request for Pre-final inspection.

Along with the request for a Pre-final inspection the contractor shall provide the government a document evidencing that the contractor conducted their own inspection ensuring 100% completion of the project. Discrepancies noted on the Pre-final inspection will be furnished by the government inspector to the CO.

The CO is responsible for furnishing a complete punch list, in writing, to the contractor. Items noted on the punch list will be completed prior to scheduling a final inspection.

As-built drawings, real property data, warranties, manuals, etc., may be turned-in at time of final inspection.

All punch-list items of remaining work SHALL be completed prior to the contractor requesting Final inspection. Furthermore, the contractor shall ensure that adequate performance time remains for completion of ALL deficiencies noted during the Pre-Final Inspection and the scheduling and completion of the Final Inspection.

Notification for Final Inspection. When the contractor is ready for final inspection, he shall request so in writing to the CO and COR at least 5 days prior to the desired date.

Final Inspection. The final inspection will be performed with the contractor by the COR and/or the CO. Discrepancies noted will be corrected within the time specified by the CO.

In the event the pre-final or final inspection will be conducted by a government contracted service, (A&E firm or other contracted individual) the contractor shall be held liable for travel and labor costs when the project is not sufficiently complete and the inspection must be rescheduled or an additional inspection is required.

29. TECHNICAL SPECIFICATIONS

Individual TOs will identify the applicable VA Master Specifications that shall be used.

Reference http://www.cfm.va.gov.til/spec.asp.

30. GENERAL ENVIRONMENTAL CONSIDERATIONS

Contractors shall completely prepare site for building operations, including demolition and removal of existing materials, and furnish labor and materials and perform work for all TOs issued under this MATOC.

Before placement and installation of work subject to tests by testing laboratory retained by the VA, the contractor shall notify the COR in sufficient time to enable testing laboratory personnel to be present at the site in time for proper taking and testing of specimens and field inspection. Such prior notice shall be not less than three workdays unless otherwise designated by the COR.

The contractor is required to consider recycled materials and processes for all materials and processes not otherwise specified or detailed wherever possible and must provide documentation as to why such could not be used if not used. Cost is an acceptable reason to forgo such. Other reasons for not using recycled material are:

a. Does not meet performance standards as per the EPA’s guidelines.

b. Not available in a timely manner.

c. All green materials and processes must be documented and submitted to the COR within 24 hours of use and identified as such.

d. Contractors must show due diligence in meeting the requirements of Executive Order 13423 including but not limited to:

e. Using products with recycled of recovered content as outlined in EPA’s comprehensive procurement guidelines (CPGs) and MCM 10F-05.

Contractor is also responsible for:

a. Providing copies of the appropriate requirements to suppliers and subcontractors and ensuring that suppliers and subcontractors meet the requirements of Executive Order 13423 during the proposal submission process and during the performance of the contract.

b. Diverting as much construction waste as is feasible to recycling including but not limited to metals, plastics, woods, pallets, and cardboard as outlined in MCM 10F-04 and 10F-05, recycling should be maximized and not restricted to a set percentage whenever possible. A statement shall be submitted to COR-identifying recycling material by weight-steel, aluminum, tin, cardboard, paper, plastic, etc.

c. Notifying the COR if encountering impediments to meeting the requirements to ensure compliance is achieved, and Resolving any conflicts with the project specifications with the COR.

Products and materials containing recycled content and/or bio-based products are to be used whenever available, and preference in purchasing is to be exercised for recycled/recovered content and bio-based products and materials. Recycled/Recovered content and bio-based products and materials, or to be used, are to be reported to the COR prior to beginning work and prior to submission of payment requests. Reports on waste or recycled are also to be reported to the COR prior to submission of payment requests, Reports and all correspondence are to submitted on a minimum 30% recycled content paper, printed on 2 sides. The frequency of reporting will be determined prior to start of work or will be based upon the frequency of submission of payment requests. Copies of MCM 10F-04, MCM10F-05, and the EPA CPGs will be provided with proposal requests.

Written documentation is to be provided for each employee of the general contractor and subcontractors that indicates that the employee has the competency and safety training relevant to the work that they will be performing. This documentation will be signed by the employing general contractor or subcontractor and submitted for approval prior to work commencement.

31. OSHA REQUIREMENTS

Contractors are required to comply with the Occupational Safety and Health Act of 1970. This will include the safety and health standard found in Code of Federal Regulations (CFR) 1910 and 1926. Copies of those standards can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20420.

In addition, contractors will be required to comply with other applicable VA policies and safety regulations. These policies and regulations will be presented to the contractors at the first pre-construction conference. Each of the contractors employees will be required to read the statement of policies and regulations and sign an acknowledgment that such policies and regulations are understood. Signed acknowledgment will be returned to the COR.

Contractors involved with the removal, alteration or disturbance of asbestos-type insulation or materials or lead paint will be required to comply strictly with the regulations found in CFR 1910.1001 and the appropriate Environmental Protection Agency (EPA) lead regulations regarding disposal of asbestos or lead paint. Assistance in identifying asbestos or lead can be requested from the COR.

Contractors entering locations of asbestos contamination or lead paint residue (i.e., pipe, basements, walls, windows) shall be responsible for providing respiratory protection to their employees and ensuring respirators are worn in accordance with the Occupational Safety and Health Administration (OSHA) [CFR 1910.1001(g)]. Asbestos or lead paint contaminated areas shall be defined on project drawings. The minimum equipment requirements will be a half-mask air-purifying respirator equipped with high efficiency filters and disposable coveralls, or as determined by air monitoring results.

Contractors must submit a complete list of chemicals that will be used and Material Safety Data Sheets (MSDS) for all hazardous materials at least 2 weeks prior to bringing any materials on-site as defined in OSHA 1910.1200(d), Hazard Determination. The COR shall have final approval of all materials brought on site.

Contractors will be held solely responsible for the safety and health of their employees. The contractor will also be held responsible for protecting the health and safety of the VA Community (staff and visitors) from the unwanted effects of construction. VA staff will monitor the contractors performance in complying with all safety and health aspects of the project. Severe or constant violations may result in an immediate work stoppage or request for an evaluation by a Compliance Officer from OSHA.

During all phases of demolition, construction, and alteration, contractors are required to understand and strictly follow National Fire Protection Association (NFPA) 241, Standard for Safeguarding Construction, Alteration, and Demolition Operations. The COR will closely monitor the work area for compliance. Appropriate action will be taken for non-compliance.

32. VA FIRE AND SAFETY POLICIES, PROCEDURES, AND REGULATIONS

Contractors are to comply with the requirements found in NFPA 241, Building Construction, and Demolition Operation, and NFPA 51B, Fire Prevention in Use of Cutting and Welding Processes.

Questions regarding occupational safety and health issues can be addressed to the COR.

32.1 FIRES

All fires must be reported. In the event of a fire in your work area, use the nearest pull box station and notify the COR immediately. Emergency notification can also be accomplished by dialing the HINES POLICE facility operator or 911. The exact location of where the call originates must be provided, and the exact nature of the emergency must be explained thoroughly. If a contractor experiences a fire that was rapidly extinguished by staff, the COR must still be notified within an hour of the event so that an investigation of the fire can be accomplished.

32.2 FIRE ALARMS, SMOKE DETECTION, SPRINKLER SYSTEM

If the nature of your work requires the deactivation of the fire alarm, smoke detection or sprinkler system, you must notify the COR. Notification must be made well in advance so that ample time can be allowed to deactivate the system and provide alternative measures for fire protection. Under no circumstance is a contractor allowed to deactivate any of the fire protection systems in Building 37.

32.3 SMOKE DETECTORS

False alarms will not be tolerated. Contractor familiarity with the location of the smoke detectors in the work area is required. When performing cutting, burning, welding, or any other operations that may cause smoke or dust, steps to temporarily cover smoke detectors in order to prevent false alarms must be taken. Failure to take the appropriate action will result in the CO assessing actual costs for government response for each false alarm that is preventable. Prior to covering the smoke detectors, the contractor will notify the COR, who will also be notified when the covers are removed.

32.4 SAFETY AND HEALTH DURING CONSTRUCTION

Training: All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course. The general contractors OSHA certified “competent person” shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the CO for review and approval prior to any work being performed. There shall be no exceptions to this requirement. Failure to present the proper training documentation upon the CO's request will result in the individual being removed from the job; the individual may only return after proper documentation has been provided. NOTE: There is no exception to this requirement.

32.5 HOT WORK PERMIT

Hot work is defined as operations including, but not limited to, cutting, welding, thermal welding, brazing, soldering, grinding, thermal spraying,…