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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 01-29-2018
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) Description: 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.
Aggregate value of MATOC contract shall not exceed $25,000,000; inclusive of the four (4) option periods.
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 Period of Performance (POP) for the contracts resulting from this Request for Proposal (RFP) consists of one (1) base period from the date of award through twelve (12) months thereafter, plus four (4) one (1) year option periods to be exercised at the Governments discretion. Option periods are not guaranteed.
The guaranteed MINIMUM amount for each resultant award is $2,000 for the life of the contract; inclusive of option periods.
The MINIMUM ordering limit per TO is $2,0000. The MAXIMUM ordering limit per TO is $10,000,000.
This RFP is 100% set-aside for Service Disable Veteran Owned Small Businesses (SDVOSB). Offerors shall be listed in the Vendor Information Pages (VIP) database at the Center for Veterans Enterprise Web Portal at the time of l proposal submission and priorto award.
The NAICS code for this RFP features a SEED PROJECT with a magnitude between $250,000 and $500,000 per Veteran Affairs Acquisition Regulations (VAAR) 836.204(f). Refer to Attachment's 1 through 8 for SEED PROJECT details.
A MANDATORY site visit is scheduled for February 6, 2018 at 1:00PM CST.
This is a competitive acquisition that shall utilize a Tradeoff Process in accordance with Federal Acquisition Regulation (FAR) 15.101-1.
TBD PER TO
TBD PER TO
52.211-10
TBD PER TO
12:00PM CST
02-20-2018 X
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
REFER TO ATTACHMENT 1, SEED PROJECT SERVER ROOM PRICE
SCHEDULE & ATTACHMENT's 2-8 FOR SPECIFICATIONS & DRAWINGS.
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
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 5 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 6 |
| 2.1 52.216-1 TYPE OF CONTRACT (APR 1984) | 55 |
| 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 55 |
| 2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 55 |
| 2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 56 |
| 2.5 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) | 57 |
| 2.6 52.228-1 BID GUARANTEE (SEP 1996) | 61 |
| 2.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 62 |
| 2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) | 62 |
| 2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 63 |
| 2.10 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008) | 63 |
| 2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) | 64 |
| 2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) | 64 |
| 2.13 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 64 |
| REPRESENTATIONS AND CERTIFICATIONS | 65 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017) | 65 |
| 3.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) | 68 |
| 3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | 70 |
| GENERAL CONDITIONS | 72 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 72 |
| 4.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | 72 |
| 4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 73 |
| 4.4 52.216-18 ORDERING (OCT 1995) | 73 |
| 4.5 52.216-19 ORDER LIMITATIONS (OCT 1995) | 73 |
| 4.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 74 |
| 4.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 74 |
| 4.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 75 |
| 4.9 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (MAY 2014) | 76 |
| 4.10 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) | 76 |
| 4.11 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) | 78 |
| 4.12 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 79 |
| 4.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 81 |
| 4.14 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) | 82 |
| 4.15 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 86 |
| 4.16 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) | 86 |
| 4.17 VAAR 852.211-75 PRODUCT SPECIFICATIONS (JAN 2008) | 87 |
| 4.18 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 87 |
| 4.19 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) | 88 |
| 4.20 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 88 |
| 4.21 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 89 |
| 4.22 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) | 90 |
| 4.23 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) | 90 |
| 4.24 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) | 91 |
| 4.25 VAAR 852.236-76 CORRESPONDENCE (APR 1984) | 91 |
| 4.26 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) | 91 |
| 4.27 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) | 92 |
| 4.28 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) | 92 |
| 4.29 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) | 92 |
| 4.30 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) | 92 |
| 4.31 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) | 95 |
| 4.32 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) | 95 |
| 4.33 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 96 |
| 4.34 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) | 98 |
| 4.35 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (NOV 1986) | 98 |
| 4.36 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) | 98 |
| 4.37 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) | 99 |
| 4.38 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 100 |
| 4.39 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) | 100 |
| 4.40 MANDATORY WRITTEN DISCLOSURES | 101 |
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
SEED PROJECT - INFORMATION, INSTRUCTIONS, CONDITIONS & OTHER STATEMENTS TO OFFERORS SERVER ROOM SEED PROJECT Description: Consolidated Mail-Out Pharmacy (CMOP) Server Room Disclosure of the magnitude for subject project is $250,000 - $500,000.
Refer to Attachment 1, Seed Project Price Schedule, Specifications (Attachment’s 2 and 3) and Drawings (Attachment’s 4-8).
MANDATORY SITE VISIT:
A MANDATORY site visit will be conducted on February 6, 2018 at 1:00pm CST. Failure to attend the scheduled site visit will make your proposal non-compliant, eliminated from the competition and Offeror ineligible for a MATOC award. Basis for award is in the RFP.
LOCATION IS AS FOLLOWS:
Great Lakes 5000 South 5th Ave.
Building 37, Door 27 Hines, IL 60141
Upon arrival, Offerors are required to sign in and out at the reception desk located at Door 27 to receive a visitor’s badge. Offerors will be escorted at all times.
OFFERORS ARE STRONGLY CAUTIONED TO CAREFULLY READ THE REQUIREMENTS OF THE SOLICITATION AND COMPLY ACCORDINGLY.
THE GOVERNMENT INTENDS TO AWARD WITHOUT DISCUSSION AND THERE MAY NOT BE A CHANCE FOR DISCUSSIONS, CORRECTIONS, OR REVISED PROPOSALS. REFER TO FAR 15.306.
MATOC BASE CONTRACT
PERIOD OF PERFORMANCE
ITEM No. SUPPLIES/SERVICES 00001 Base Period: Date of award of Base Contract through 12 months thereafter.
FFP, IDIQ, MATOC for construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures or other real property consisting of the following facility:
National Acquisition Center 1st Ave., 1 Block North of 22nd St., Building 37 Hines, IL 60141
FOB: Destination ITEM No. SUPPLIES/SERVICES 00002 Option 1: Date of award of Option Period 1 through 12 months thereafter.
FFP, IDIQ, MATOC for construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures or other real property consisting of the following facility:
National Acquisition Center 1st Ave., 1 Block North of 22nd St., Building 37 Hines, IL 60141
FOB: Destination ITEM No. SUPPLIES/SERVICES 00003 Option 2: Date of award of Option Period 2 through 12 months thereafter.
FFP, IDIQ, MATOC for construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures or other real property consisting of the following facility:
National Acquisition Center 1st Ave., 1 Block North of 22nd St., Building 37 Hines, IL 60141
FOB: Destination
ITEM No. SUPPLIES/SERVICES 00004 Option 3: Date of award of Option Period 3 through 12 months thereafter.
FFP, IDIQ, MATOC for construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures or other real property consisting of the following facility:
National Acquisition Center 1st Ave., 1 Block North of 22nd St., Building 37 Hines, IL 60141
FOB: Destination ITEM No. SUPPLIES/SERVICES 00005 Option 4: Date of award of Option Period 4 through 12 months thereafter.
FFP, IDIQ, MATOC for construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures or other real property consisting of the following facility:
National Acquisition Center 1st Ave., 1 Block North of 22nd St., Building 37 Hines, IL 60141
FOB: Destination
PACKAGING AND MARKING – NOT APPLICABLE
INSPECTION AND ACCEPTANCE TERMS
Construction Services will be Inspected/Accepted as follows:
| ITEM NO. | INSPECT AT | INSPECT BY | ACCEPT AT | ACCEPT BY | |||
| 0001 | Destination | Government | Destination | Government | |||
| 1001 | Destination | Government | Destination | Government | |||
| 2001 | Destination | Government | Destination | Government | |||
| 3001 | Destination | Government | Destination | Government | |||
| 4001 | Destination | Government | Destination | Government |
DELIVERY INFORMATION
ITEM NO. DELIVERY DATE QTY SHIP TO ADDRESS
| 0001 | Date of Award of Base Contract through 12 months thereafter. INDEF FOB: Destination |
| 1001 | Date of Award of Option Period 1 through 12 months thereafter. INDEF FOB: Destination |
2001 Date of Award of Option Period 2 through 12 months thereafter. INDEF FOB: Destination
| 3001 | Date of Award of Option Period 3 through 12 months thereafter. INDEF FOB: Destination |
| 4001 | Date of Award of Option Period 4 through 12 months thereafter. INDEF FOB: Destination |
STATEMENT OF WORK
General project descriptions and specifications shall be derived from the SOW of each individual TO that is issued to execute a construction project. The work 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.
The Contractor shall maintain response time for non-urgent service calls within 72 hours. The response time for all emergency service calls shall be within 2 hours.
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 issue TO’s. If an individual other than the CO attempts to make changes to the terms and conditions of the MATOC or any awarded TO’s, the Contractor is hereby directed NOT to proceed with the change and immediately notify the CO.
Each contract awarded under the MATOC will be assigned a base contract number.
All correspondence and data submitted by Contractors under the base contracts established under the MATOC must reference the base contract number, TO number, project title, and project number, (if applicable).
2. ORDERING PROCEDURES
A TO Request for Quote (RFQ) will be issued to each of the MATOC Contractors when construction services are required.
Contractors will be requested to respond to the issued RFQ. The RFQ will include documents 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 web postings, e-mail or at its option. All further reproduction of the SOW, specifications, and drawings shall be solely at the Contractors expense.
Contractors shall be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision and all other associated costs necessary to fulfill the requirement specified in each RFQ. Quotes shall include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with construction, to include overhead, G&A and profit.
Refer to FAR 52.228-15 (OCT 2010) for Performance and payment bonds for additional details.
3. TASK ORDER ISSUANCE
TO’s may be issued using VA Form 2138 or Standard Form (SF) 1442. TO’s may be issued electronically via e-mail, regular mail, telephone, facsimile, or other authorized electronic means.
TO’s will be awarded as FFP and individually funded.
The VA reserves the right to issue orders non-competitively for projects involving urgent or extraordinary circumstances that threaten employee/visitors and tenants safety, or which may be necessary to mitigate damage to Building 37 or other real property. Non-competitive awards will be in compliance with federal laws and regulations.
4. MINIMUM AND MAXIMUM PROVISIONS
a. The MINIMUM guarantee for each MATOC Contractor is $2,000.00. 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 $10 Million.
c. The MAXIMUM total value of TO’s issued to a single Contractor shall not exceed $15 Million.
d. The TOTAL value of all individual TO’s placed against this contract shall not exceed $25 Million in the 5 year period (base plus four (4) one (1) year option periods).
5. TASK ORDER COMPETITION
MATOC Contractors will be provided fair opportunity to compete for TO’s unless the following FAR 16.505(b)(2) exceptions apply:
The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such Contractors would result in unacceptable delays;
Only one such ontractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized; or
The TO should be issued on a sole-source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or
If the Contractor believes it was not fairly considered for a particular order, the Contractor may present the matter to the CO. The Contractor may appeal the explanation or CO’s decision to the corresponding Ombudsman for the agency, or region. The Ombudsman will review the Contractors complaint, and in coordination with the CO, ensure that the Contractor was afforded a fair opportunity to be considered a TO.
Non-competitive awards will be in compliance with federal laws and regulations.
6. TASK ORDER EVALUATION METHOD AND PROCEDURES
Each individual TO RFQ will describe the criteria the CO will utilize for RFQ evaluations.
In making a decision on the award of the TO, the CO may consider factors such as Past Performance on previously awarded TO’s 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 TO.
TASK ORDER AWARD DECISION
To the maximum extent practicable, award of TO’s will be made without discussions.
QUOTE CONTENTS AND PREPARATION COSTS
Quote contents shall be stated within the specific TO RFQ.
Costs for preparation of quotes 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.
OPTION FOR INCREASED QUANTITY ON TO’s
The Government may elect to make certain tasks option items. In this case, the Government may increase the quantity of work awarded on individual orders by unilaterally exercising option item(s) within the period specified in the TO.
In the event the option is not exercised within the time period specified in the TO, the parties may agree via a bi-lateral agreement to the option(s) provided that the exercising of said option(s) will not increase the contract performance period.
Any option herein shall be considered to have been exercised at the time the Government provides written notification to the Contractor in the mail, provides by facsimile, or electronic mail.
TASK ORDER PERFORMANCE PERIOD
The Period of Performance (POP) will be designated on each individual TO.
CO’s reserve the right to negotiate for accelerated performance periods at the individual TO level.
7. PROPOSED KEY PERSONNEL AND SUBCONTRACTORS
The Contractor shall obtain the CO’s written consent before making any substitutions of proposed key personnel, replacement key personnel, and Subcontractors.
8. GENERAL WAGE DECISIONS
Applicable Davis-Bacon wage rates will be identified for all TO’s issued under the MATOC, and shall be current at the time of TO award.
Contractors are hereby given notice, and bear the sole responsibility of utilizing the most current Wage Determinations when submitting proposals for evaluation. Current Wage Determinations may be found online at http://www.wdol.gov.
9. EVALUATION OF CONTRACTOR PERFORMANCE
Contractor performance shall be evaluated annually for each TO that is awarded for a net value greater than $700,000 at CPARS/PPIRS (https://www.cpars.gov/); at the discretion of the CO, Contractor performance may be completed for TO’s less than $700,000.
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 maybe 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 awarded TO’s. The POC must maintain a current email address on file with the CO. The CO must be notified of any changes to the POC.
10. CONTRACTING OFFICER'S REPRESENTATIVE
CO’s will appoint a COR to provide technical oversight of individual awarded TO’s.
The CO is the only person authorized to commit the Government and make changes to the TO. Only CO’s with appropriate warrant level’s have the authority to modify the term and conditions of the MATOC, and/or subsequently issue TO’s.
Each TO will have a designated COR listed.
11. PRE-CONSTRUCTION CONFERENCE
When requested by the COR, prior to starting work under the awarded TO’s, Contractors and Subcontractors will be required to meet with the CO and the COR to discuss and establish expectations regarding overall project oversight, schedule requirements and expected Contractor performance.
12 PREPARATION OF PROGRESS SCHEDULE AND REPORTS
Specific details regarding progress schedules and related reports shall be addressed on each individual awarded TO.
13. SECURITY SUITABILITY PROGRAM
Contractors shall comply with VA Directive 0710, VA Handbook 0710, and all security regulations imposed by the COR, VA Police and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work on a case-by-case basis per individual TO.
In accordance with VA Acquisition Security Requirements, all appropriate personnel security clauses shall be incorporated into the MATOC, and will be applicable to all subsequently issued TO’s.
14. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (MARCH 2011)
On a case-by-case basis per individual TO security requirements, when appropriate, all key personnel shall be subject to the appropriate type of background investigation or screening per VA/VHA directive 0710 and must receive a favorable adjudication from NCO 12 Personnel Security Specialist or VA Security and Investigations Center (SIC) depending on investigation or screening required. This requirement also applies to all Subcontractor personnel. If the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.
Contract personnel who previously received a favorable adjudication as a result of a Government background investigation or screening may be exempt from this contract requirement. They must provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the CO. Proof of previous adjudication is subject to verification. Some positions maybe subject to periodic re-investigation/screening.
Position Risk/Sensitivity – For all positions required under this contract, the position risk/sensitivity has been designated as: Low Risk
Background Investigation/Screening – It is anticipated that the General Contractor Supervision/Foreman personnel will be providing services at a VA facility(s) for MORE than 180 days under a single TO or series of TO’s. The background investigation/screening commensurate with the requirements of this level of access shall be: National Agency Check with Written Inquiries (NACI).
CONTRACTOR RESPONSIBILITIES
The Contractor shall submit or have their contract personnel submit all required forms to the CO, through the COR or Personnel Security Specialist, within five (5) business days of TO award.
Low Risk Investigative Requirements
All investigations must be completed through the Electronic Questionnaires for Investigations Process (e-QIP). All Contractors must complete the Authorization for Investigation Worksheet before they can complete the online e-QIP.
Optional Form 306, Declaration for Federal Employment provided by VA point of contact.
Electronic Fingerprint Verification or FD 258, U.S. Department of Justice Fingerprint Applicant Chart.
Once the items requested are completed, the Contractor is authorized to provide services under the TO. As previously stated, if the investigation or screening is not completed prior to the start date of the TO, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.
The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the individual TO.
Failure to comply with these Contractor Personnel Security requirements may result in termination of the contract for default.
GOVERNMENT RESPONSIBILITIES
The CO will ensure a time for contract personnel to complete the fingerprint portion of this requirement, if any, and the COR will be responsible for performing any duties assigned by the CO with regard to fulfilling the Contractor personnel security requirements described herein.
Upon receipt, the local VA facility or VA SIC, depending on the type of investigation/screening required, will review the accuracy of the items requested in paragraph above, and forward these items to OPM to conduct their portion of the background investigation or screening, as applicable.
The requesting VA facility will pay for any portion of the investigation or screening conducted by OPM, if any.
Depending on the type of investigation/screening required, the Personnel Security Specialist, or VA SIC will notify the CO of the adjudicating results of the background investigation or screening.
The CO and Personnel Security Specialist will ensure that the required investigations or screening have been completed or are in the process of being requested.
PERSONNEL IDENTITY VERIFICATION (PIV) OF CONTRACTOR PERSONNEL
In accordance with FAR 52.204-9 and VA Directive 0735 – Personal Identity Verification of Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card. See the Accepted Identification Documentation List provided below. The COR, or designee, will be responsible for sponsoring each contract person that requires a VA-issued identification card.
PIV ID PROOFING CRITERIA
The following criteria must be met by all VA employees, Contractors, and affiliates prior to being issued a PIV card or Temporary Identity Badge.
Table of Accepted Identification (From Form I-9) Last Update: January 7, 2008
Two forms of identification are required from the above list of acceptable documents. Either of the following is accepted:
| (1) | Two forms of identification from the left column (Federal or State Government issued picture ID). |
| (2) | One form of identification from the left column (Federal or State Government issued picture ID) and one form from the right column (Non-Picture ID or Acceptable Picture ID not issued by Federal or State Government). |
| 19.9.3 | The following rules apply for form identification: |
| (1) | Any form of identification used for ID proofing may not be expired (except U.S. Passport). |
| (2) | VA site/facility badges are not accepted as a valid form of identification. |
| (3) | VA PIV Cards are federally issued ID cards and can be used as a valid form of identification. |
| (4) | Handwritten or photocopied documents are not accepted. |
| (5) | An ID issued before a legal name change (e.g. birth certificate or driver's license) can be presented as one form of ID if a legal document (e.g. marriage certificate/license or a court order) is also presented linking the previous name to the current legal name. The linking document has to display both the former and current legal names. Both documents must be valid and not expired (except U.S Passport). For example, a married woman may use both a certified copy of her birth certificate displaying her maiden name and a driver’s license displaying her married name as the 2 forms of ID compliant with PIV Guidelines, as long as she provides a marriage license displaying both her maiden name and married name. |
| (6) | The Applicant’s name listed on the VA PIV Registration Portal, Request for One-VA Identification Card, must match the name on one of the IDs presented by the Applicant. |
| (7) | The names on both forms of ID presented for ID proofing must match exactly. If one form of ID has a middle name or initial, the other form of ID must have a matching middle name or initial. One form can contain a middle name and the other can contain a middle initial as long as they match. ALL names must be accounted for on both forms of ID. Please see the acceptable and unacceptable ID proofing examples provided below. |
ACCEPTABLE NAME VARIATIONS
ID # 1 – John Henry Smith; ID # 2 – John Henry Smith ID # 1 – John H. Smith; ID # 2 – John H. Smith ID # 1 – John Henry Smith; ID # 2 – John H. Smith
UNACCEPTABLE NAME VARIATIONS
ID # 1 – John Henry Smith; ID # 2 – John Smith ID # 1 – John H. Smith; ID # 2 – John Smith
ACCESS TO AND SAFEGUARD OF VA INFORMATION/COMPUTER SYSTEMS
VA may provide contract personnel with access to VISTA and general files maintained on VA computer systems. Sharing of these access codes or misuse of VA information/computer systems is a Federal crime. When contract personnel no longer provides services to VA, the Contractor shall immediately inform the COR to deactivated their access. The COR is responsible for deactivation.
Computer access will require VA Cyber Security Awareness Training annually and acknowledge all agreements prior to access (see VA Handbook 6500.) The COR is responsible for ensuring and documenting this requirement.
Contract personnel with Computer access will take necessary precautions to safeguard information and prevent disclosures. If contract personnel suspect a compromised they will report such knowledge to the COR that same day.
Remotely access will require prior approval from Information Security Officer (ISO).
The Contractor shall make its internal policies and practices regarding the safeguarding of medical electronic information available to VA. Contractors are not authorized to employ a lesser requirement then what is established by this document.
Any changes in the VA directives during the term of this contract shall be deemed to be incorporated into this contract.
15. SECURITY REQUIREMENTS (GENERAL)
All personnel employed by the contractor in the performance of TO’s issued under this contract, or any representative of the contractor shall abide by all security instructions and directives of the VA. Employees are responsible for safeguarding all Government property provided for contractor use.
At the close for each work period, Government facilities, equipment and materials shall be secured, lights, and all doors and window secured.
The Contractor and, as applicable, Subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of Building 37 and its population, nor shall the Contractor or Subcontractor employ persons under this contract who have an outstanding criminal warrant as identified during background checks.
Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Employees and Subcontractors later found to be undocumented or illegal aliens will be remanded to the proper authorities.
The Contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this clause. Furthermore, nothing in this clause shall excuse the Contractor from proceeding with the contract as required.
All Contractors and Subcontractors when working in a Controlled, Restricted or other sensitive areas must be escorted at all times. The CO or COR is responsible for providing the escorts. The Contractor shall follow existing procedures and instructions for obtaining entrance to restricted or controlled areas.
Contractor Badge Policies: All requests for Contractor ID badges will be submitted through the COR.
All contactor employees who will be granted unescorted access to Building 37 are required to consent to a Background Investigation (BI) prior to being granted access to the Building. Continued employment is contingent upon successful completion and favorable reporting of the criminal background check.
Contractor badges will be issued for a maximum period of one year. Prior to reissuing new badges, all old badges must be returned to the station Security/Police. Also before a new badge will be issued, VA Security/Police must give approval again. In the event a badge is lost or stolen, the badge holder must report the Loss/Theft of Identification to his/her supervisor and COR. The Contractors supervisor and COR will investigate the loss and report in writing the circumstances in which the badge was lost and submit a new request for a new ID badge.
Building Access: The Contractor shall obtain personal Contractor identification badge’s for all employees for the duration of the contract. Employees are only permitted to enter the building during the date and time periods indicated on their Contractor ID badge.
Vehicle registration, proof of insurance and a valid driver’s license must be presented for all vehicles while operating on Hines Federal property. All vehicles entering into Hines are subject to search. Any refusal or non-consent by an employee will result in termination of their access and immediate confiscation of their ID badge.
16. SITE VISITS
Site visits may be deemed mandatory in order for Contractors to submit proposals on certain projects. Such requirements shall be clearly stated in the individual TO RFQ.
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 TO’s.
17. 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.
18. 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.
19. TELEPHONE COMMUNICATIONS SECURITY MONITORING
All communications with VA organizations are subject to communications security review. Contractor personnel must be aware that telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The VA has authorized the departments to conduct communications monitoring and recording of telephone calls originating from, or terminating at, VA organizations.
20. 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.
21. AMBIGUITY/CONTRACT INTERPRETATION
This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contract establishment.
It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the CO at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with all obligations shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.
22. PAYMENTS TO THE CONTRACTOR
Payments shall be subject to reduction for overpayments or increase for underpayments on preceding payments to the Contractor. Basis for the CO’s consideration to allow progress payment for material delivered on the site (but not installed) and for completed preparatory work, as authorized under FAR 52.232-5 shall be (1) major high cost items and (2) 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 shall be specifically identified in the schedule of prices. Only approved items shall be eligible for progress payment.
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.
23. 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.
Contractors, Contractors employees, and Subcontractors shall become familiar with and obey the regulations of the facilities, including fire, traffic, safety and security regulations while on the facility grounds. Those driving motor vehicles shall observe and obey all speed limits posted throughout the grounds. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All 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.
24. COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS
Contractors, their 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 agrees 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.
25. 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.
26. 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.
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