C03 VA255-17-D-0139 36C25521N0167 fully executed.pdf

Department of Veterans Affairs ORDER FOR SUPPLIES OR SERVICES (Including Task Orders for Construction or A/E Services)

*THE PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES AND PAPERS RELATING TO THIS ORDER.

ISSUING OFFICE (If blank, same as "Ship To") REQUESTING OFFICE Department of Veterans Affairs

NAME AND ADDRESS OF CONTRACTOR SELECT FROM DROP DOWN MENU

SHIP TO:

TYPE OF ACTION

THIS COLUMN APPLIES TO RFQ'S THIS COLUMN APPLIES TO DELIVERY THIS BLOCK APPLIES TO ALL

AND PURCHASE ORDERS ORDERS AND TASK ORDERS TYPES OF ACTIONS

INVITATION OR CONTRACT NO.

PROPOSAL DATED (MM/DD/YYYY)

F.O.B. POINT

GOVERNMENT B/L NO.

DISCOUNT TERMS

SHIP VIA

CONTRACT NO.

PROJECT NO.

DELIVERY ORDER NO.

DATE DELIVERY ORDER

ISSUED (MM/DD/YYYY)

ADMINISTERED BY RFQ

PURCHASE ORDER

(Subject to terms and conditions attached)

DELIVERY ORDER (Subject to terms and conditions of the contract)

TASK ORDER (This order is subject to instruction contained in attached SOW/ PWS and the above numbered contract.)

ITEM QUANTITY

NO. ORDERED DESCRIPTION UNIT UNIT PRICE AMOUNT

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COMPLETE IF THIS IS A PURCHASE ORDER COMPLETE IF THIS IS A DELIVERY OR TASK ORDER

TYPED NAME AND SIGNATURE OF AUTHORIZED PURCHASING OR

CONTRACTING OFFICER

*PURCHASE ORDER OR REQ. NO. DATE OF PURCHASE ORDER OR

REQ.

ACCOUNTING AND APPROPRIATION DATA DATE

ACCOUNTING AND APPROPRIATION DATA

MAIL INVOICE TO (NOTE: See billing instructions attached to order)

NAME OF CONTRACTING OFFICER

SIGNATURE OF CONTRACTING OFFICER DATE

VA FORM5

AUG 2015

SUPERSEDES VA FORM 2138-7, DEC 1990,

WHICH WILL NOT BE USED. 2138 ORIGINAL ORDER - INVOICE

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

Marion VA Medical Center

UTILITY SYSTEMS SOLUTIONS, INC.

US2

14330 MIDWAY ROAD SUITE 200

DALLAS TX 75244

Department of Veterans Affairs Marion VA Medical Center

2401 W Maint St Marion, IL 62959

VA255-17-D-0139

657A5-20-115

36C25521N0167

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

This procurement is set aside for competition among the MATOC IDIQ HVAC Contractors that received award via solicitation VA255-16-R-0739. All terms and conditions of the MATOC Contract award applies to this task order.

Project # 657A5-20-115, Replace Central Chiller #2 at Marion VA Medical Center, Illinois.

Bid Item 1: Work includes general construction, including all labor, material, equipment, supervision and appurtenant work required to replace central chiller #2.

PERFORMANCE PERIOD: 240 calendar days after Notice to

Proceed. Payment and Performance Bonds are required.

NAICS CODE: 238220 - Plumbing, Heating and Air-conditioning.

All documents to this Task Order shall reference contract #VA255-17-D-0139, Task Order #36C25521N0167 and obligation

# 657C12099 (including all invoices).

Contracting Officer: Maria Hoover, phone: 913-946-1127 email: maria.hoover@va.gov

COR is Joshua Clay, phone: 618-997-5311 x59047 email: josh.clay@va.gov

$371,246.00

657-3610162-2080-854200-3223 23NRNR002

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

Maria Hoover x

VA255-17-D-0139 36C25521N0167

Table of Contents

A.1 BID ITEM

A.2 STATEMENT OF WORK

DELIVERY ORDER TERMS AND CONDITIONS NOT SPECIFIED IN THE CONTRACT

A.3 TASK/DELIVERY ORDER INTRODUCTORY LANGUAGE

A.4 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(AUG 2020)

A.5 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

A.6 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

A.7 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

A.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

A.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

A.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

A.11 DBA-WAGE DETERMINATION

A.12 List of Attachments

A.1 BID ITEM

ITEM I, Replace Chiller #2: Work includes all labor, materials, equipment and supervision necessary to perform all work required on this project as indicated or implied in accordance with the Statement of Objectives as well as the project drawings and specifications. The Period of Performance of this work shall be set at 240 calendarvdays from Notice to Proceed (NTP).

TOTAL AMOUNT: $371,246.00

A.2 STATEMENT OF WORK

REPLACE CENTRAL CHILLER #2

PROJECT NO. 657A5-20-115

MARION VA MEDICAL CENTER, ILLINOIS

1.0 Purpose

This Statement of Work (SOW) describes the outcome for the Replace Chiller #2 project, which consists of the disconnection, removal and disposal of the existing chiller #2, the furnishing and installation of a new chiller #2 unit as well as various other ancillary activities to fully integrate the new chiller into the existing control and monitoring systems.

2.0 Period and Place of Performance

The period of performance for this contract shall be set at 240 calendar days from Notice to Proceed (NTP). All contract work shall be completed within this timeframe. The site location is Building 49 of the Marion VA Medical Center Campus in Marion, Illinois.

3.0 Background

The Marion VA Medical Center has identified the need to replace chiller #2 in its campus chiller plant. The chiller unit being replaced is currently inactive. To meet this need, a new chiller unit is to be provided and installed in place of the old unit.

4.0 Requirements

A. Basis of Proposal:

1. The contractor’s proposal shall be based on this SOW and the project drawings and specifications included. It is the intent of these documents to outline the scope and requirements of the Replace Chiller #2 Project.

B. Performance and Payment Bonds:

1. Performance and/or Payment Bonds are required.

C. Insurance:

1. Standard general liability and builder’s risk coverage is required until work is complete.

D. Wage Rates:

1. Davis Bacon and prevailing wage rates and certified payroll are excluded for manufacture, delivery, and incidental work relating to installation. Davis Bacon and prevailing wage rates and certified payroll applies to only non-incidental work performed on site.

E. The contractor shall be responsible for coordinating all equipment provided and work performed with the requirements of all applicable codes, including but not necessarily limited to:

1. 29 CFR 1910, OSHA

2. International Mechanical Code (latest approved edition).

3. International Plumbing Code (latest approved edition).

4. NFPA 70, National Electric Code (latest approved edition).

5. H-18-8, VA Seismic Design Handbook.

6. ASCE/SEI 7, Minimum Design Loads and Associated Criteria for

Buildings and Other Structures

7. PG-18-3, VA Design and Construction Procedures.

8. PG-18-10, VA Design Manual for HVAC Systems.

9. PG-18-10, VA Design Manual for Electrical Systems.

F. Seismic Design Criteria: Refer to Section 13 05 41 of the Project Specifications.

G. Shop Drawing Submittals:

1. All equipment and materials provided for use on this project by the contractor shall be subject to the approval of the VAMC Engineering Service prior to purchasing. The Government shall not be responsible for the cost of any equipment or materials purchased without said approval. Please see Section 01 33 23 of the Project Specifications for more information.

H. Demolition:

1. The contractor shall ensure that all electrical, water and control service lines to the existing chiller are valved off and locked out prior to demolition activities. The contractor shall further ensure that the deactivation of service to the existing chiller will (in no way) cause any disruption to the outgoing chilled water service from the plant or interference with any other chiller plant system or operation.

2. Existing chiller #2 shall be disconnected:

a. All piping connections from the chiller to the existing chilled water distribution system and the cooling tower loops shall be undone.

b. All electrical connections from the chiller to the existing power distribution and chiller control systems to the chiller shall be undone.

c. All piping and conduit connections shall be cut back to a point necessary to facilitate removal of the existing chiller.

3. Existing chiller #2 shall be removed from Building 49:

a. Once decoupled from all required systems the chiller unit shall be moved out of the building through the existing overhead door.

4. Existing chiller #2 shall be disposed of:

a. The chiller unit shall be taken off-site and disposed of in accordance with all applicable Federal, State and Local regulations.

I. Installation:

1. Contractor shall furnish a new chiller unit with the following mandatory attributes:

a. It shall fully comply with Section 23 64 00 of the Project Specifications.

b. It shall fit within the space left vacant by the removal of the existing chiller. This requirement shall include observance of all maintenance and operating clearances.

c. It shall be considered a direct replacement for the existing chiller, requiring no extraneous work on any connected system beyond that which is necessary to facilitate removal of old and installation of new. Additionally, it shall operate within the system limitations and performance envelope of the existing unit in all respects. Should the performance parameters of the machinery chosen for use on the contract vary from the existing system (which are listed below), the contractor shall be responsible for verifying and quantitively demonstrating (via certified engineering report) that the substitution will have no detrimental impacts on the existing system or its function:

i. Design Evaporator Water Flow Rate: 800 gpm.

ii. Design Evaporator Entering Water Temperature: 54.0 F.

iii. Design Evaporator Leaving Water Temperature: 42.0 F.

iv. Design Evaporator Pressure Drop: 14.2 ft-wg.

v. Design Condenser Water Flow Rate: 1,200 gpm.

vi. Design Condenser Entering Water Temperature: 85.0 F.

vii. Design Condenser Leaving Water Temperature: 95.0 F.

viii. Design Condenser Pressure Drop: 21.9 ft-wg.

d. It shall have a minimum net cooling capacity of 400 tons.

e. Its condenser shall operate within the capacities of the existing cooling tower loop.

f. It shall have a water-cooled, centrifugal-type refrigerant compressor. The compressor motor shall be equipped with a variable speed drive.

g. The refrigerant compressor shall come equipped with an active-magnetic/electromagnetic main bearing system. This main bearing system shall be a lubricant free design. The compressor shall also include backup mechanical bearings or a stored electrical energy system which shall serve in the event of electrical power outage to bring the unit to a full stop without damage resulting.

h. The energy usage and efficiency characteristics of the proposed replacement chiller shall be subject to the approval of the facility Energy Manager prior to purchasing of any equipment. This approval shall be provided as part of the submittal review.

i. It shall be compatible with the existing plant control system. Its operation shall be fully automated through integration into the existing controls with no loss of features or functionality. The contractor shall be responsible for the following;

i. Field verification of existing plant control components as well as the current system sequence of operations to the extent necessary to complete the two items below.

ii. Coordination of the new chiller unit’s control needs as they relate to the existing system configuration and capability.

iii. Resolution of any differences uncovered in the previous items as well as determination of all corrective equipment and programming modifications required.

iv. Furnishing and installation of all new components deemed necessary in the previous items.

v. Furnishing all programming and reprogramming deemed necessary in the previous items.

vi. Optimization of the new chiller’s function through the aforementioned controls activities to the degree necessary to satisfy the VAMC Energy Manager.

j. It shall be capable of functioning off the existing electrical service with as little modification as possible. If the chiller unit chosen for use by the contractor requires the modification of existing electrical components or features, the cost of those modifications shall be considered in the contractor’s scope of work. The existing electrical service parameters are as follows;

i. The voltage/phase/frequency is 480/3/60, respectively.

ii. The chiller is currently fed through an existing 600 volt /

800 amp rated disconnect panel. Relocation of the existing disconnect panel to address any planform shape differences or final clearance issues with the new chiller shall be considered in the contractor’s scope of work.

k. It shall be fully integrated into the coverage provided by the existing refrigerant sensing and evacuation system. Should the refrigerant type of the chiller provided for use differ from the current capability of the system, the contractor shall determine all necessary system modifications and consider those modifications as part of their scope of work.

2. The contractor shall use the existing overhead door to move the new chiller unit into the building.

3. The contractor shall mount the new chiller unit in strict accordance with the manufacturer’s recommendations. Should the concrete housekeeping pad which supports the existing chiller be determined to inadequately fit the planform shape or supports of the new chiller, the contractor shall extend the concrete pad appropriately in all deficient directions. All chiller base plates shall have a minimum four inches (4”) of concrete pad extending beyond the plate edge, unless noted otherwise as part of the certified seismic anchorage design.

4. The contractor shall comply with Section 13 05 41 of the Project Specifications when mounting and anchoring the new chiller.

5. The contractor shall re-establish all piping connections from the chilled water distribution system and cooling tower loops to the new chiller unit including all fittings which may have been removed during demolition. All pipe and fittings used to reconnect chiller shall be new stock. The size of all connections shall match the pre-demolition size. Refer to Section 23 21 13 of the Project Specifications for more information and requirements.

6. All reconnected piping and fittings shall have insulation and coverings replaced on them. The type and thickness of insulation shall be equivalent to the pre-demolition condition. All re-applied insulation shall be new stock. Refer to Section 23 07 11 of the Project Specifications for more information and requirements.

7. The contractor shall re-establish all electrical service and control wiring connections from the existing power distribution and control circuits to the chiller unit including all conduit and fittings. All materials used in the electrical and control reconnections shall be new stock.

8. The contractor shall fully integrate the new chiller system into the coverage provided by the existing refrigerant sensing and evacuation system. Should the refrigerant type of the chiller provided for use differ from the current sensing capability of the system, the contractor shall determine all necessary system modifications and consider those modifications as part of their scope of work.

J. Testing, Start-Up, Training and Commissioning:

1. Contractor shall complete all factory-recommended system testing before any unit start-up activities begin. All testing shall be in accordance with Section 23 05 93 of the Project Specifications.

2. Contractor shall prove system function with a full unit start-up before the work shall be considered complete.

3. The commissioning agent shall adjust and optimize the system efficiency in accordance with

Section 23 08 00 of the Project Specifications.

4. Contractor shall arrange for factory-trained and certified personnel to be available on-site for at least 8 hours to conduct training of VAMC staff on system operation and maintenance before the work shall be considered complete.

5. Contractor shall complete all system commissioning activities required by Section 23 08 00 of the Project Specifications (including all reporting) before the work shall be considered complete.

4.1 Performance Objectives

A. Completion of Work: The new chiller system shall be considered a turn-key solution to the Government’s need. The contractor shall be responsible for providing all personnel, expertise, labor, supervision, materials, equipment and logistics necessary for the completion of all work indicated or implied by this Statement of Objectives and the attached project documents to produce the intended, fully functional system within the Period of Performance indicated.

B. Adherence to Adopted Standards: The contractor shall perform the required work in complete accordance with all applicable industry standards, regulations and best management practices.

4.2 Mandatory Tasks and Deliverables

A. Quality Assurance Surveillance Plan: Contractor shall establish a complete Quality Control Program (QCP) to ensure that the requirements of the contract are satisfied. The QCP shall identify issues in the quality of services before the level of performance is unacceptable and should be contained within a formal written Quality Assurance Surveillance Plan, which must be submitted with the vendor’s final proposal. The program and document shall be subject to the approval of the Contracting Officer (CO) and the Contracting Officer’s Representative (COR). The plan shall be written in accordance with the requirements of Section 01 45 00 of the Project Specifications.

B. Contractor Safety Plan: The contractor shall be responsible for generating a written safety plan to establish safety standards for themselves and their subcontractors while on campus. The safety plan shall be written in accordance with the requirements of Section 01 35 26 of the Project Specifications.

C. Contractor Project Schedule: The contractor shall be responsible for generating a project schedule which utilizes critical path methodology and covers the entire duration of the work involved. The schedule shall be submitted to the CO & COR for review no later than 10 working days after bid acceptance. The schedule shall be considered a living document and shall be updated and resubmitted (by the contractor) in response to any schedule changes made throughout the life of the project.

D. Subcontract Expenditures Report: Contractor shall prepare and deliver a Subcontract Expenditures Report that discloses actual subcontract expenditures by company name, business size standard, and other socioeconomic programs.

See Federal Acquisition Regulation (FAR), Part 19.

E. Close-out Documentation: Contractor shall submit Close-Out Documentation upon completion of work. At a minimum, Close-Out Documentation shall consist of standard operation and maintenance manuals, warranties, record (as-built) drawings for all systems impacted and all start-up/testing/commissioning reports.

4.3 Performance Constraints

A. The contractor shall limit all work to normal operating hours of 7 am to 4:30 pm, Monday through Friday (excluding recognized Holidays). Any work proposed outside these hours shall require the prior, written authorization of the VAMC Engineering Service.

B. All work performed by the contractor shall be in strict accordance with the approved infection control (ICRA) permit provided for this project.

C. The contractor shall notify the Contracting Officer’s Representative (COR) of any needed utility interruption at least 21 days in advance.

D. The contractor shall take all necessary steps to ensure that normal campus operations are not interrupted while the construction is underway. If an unavoidable interruption is encountered during the course of construction the contractor shall be required to inform the COR at least 21 days in advance of need and receive approval for said interruption from the COR.

E. Roads and parking areas shall be kept operational except for short durations and then only one lane closure is acceptable.

F. Any loading and unloading of equipment or materials shall be approved by and coordinated through the COR.

G. Any damage by the contractor to Government property during the course of the work is the responsibility of the Contractor to repair at no additional cost to the Government.

5.0 Attachments

A. Compiled Project Specifications for Project 657A5-20-115, Replace Chiller #2.

B. Compiled Project Drawings for Project 657A5-20-115, Replace Chiller #2.

DELIVERY ORDER TERMS AND CONDITIONS NOT SPECIFIED IN THE

CONTRACT

A.3 TASK/DELIVERY ORDER INTRODUCTORY LANGUAGE

The terms and conditions of the Contractor's indefinite delivery contract (IDC) (including any contract modifications) apply to all task or delivery orders issued under the contract. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the IDC. Any unique terms and conditions of an order issued under the contract that are not a part of the applicable IDC will govern. In the event of an inconsistency between the terms and conditions of a task/delivery order and the Contractor's IDC, other than those identified above, the terms of the IDC will take precedence.

A.4 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be https://dibnet.dod.mil/ https://dibnet.dod.mil/ incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of Clause)

A.5 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (APR 2019)

The clause entitled ‘‘Specifications and Drawings for Construction’’ in FAR 52.236– 21 is supplemented as follows:

(a) The Contracting Officer’s interpretation of the drawings and specifications will be final, subject to the Disputes clause.

(b) The Contractor shall—

(1) Check all drawings and specifications furnished immediately upon receipt;

(2) Compare all drawings and the specifications, and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general—

(1) Drawings of greater detail shall govern over drawings of lesser detail unless specifically noted otherwise; and

(2) Figures and numerical quantities noted on drawings govern over scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

Drawings P09 Final Chiller Replacement Drawings

5 pages

Specifications P09 657A5-20-115 Compiled Specifications

259 pages

(End of Clause)

A.6 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

(a) Contract administration functions set forth in FAR 42.302 are hereby delegated to:

Maria Hoover

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth, KS 66048

(b) The following functions will be retained by the Contracting Officer or Administrative Contracting Officer (ACO) and are not redelegable to Resident Engineers:

(1) Award of contract modifications either through supplemental agreements or change orders that exceed the ACO’s appointed warrant limitations.

(2) Issuance of default letters.

(3) Issuance of Cure or Show-Cause Notices.

(4) Suspension of work letters and/or modifications.

(5) Issuance of Contracting Officer final determination letters.

(6) Issuance of termination notices.

(7) Authorization of final payment.

(c) The work will be under the direction of a Department of Veterans Affairs Contracting Officer, who may designate another VA employee to act as resident engineer at the construction site who possesses limited warranted authority.

(d) Except as provided below, the resident engineer’s directions will not conflict with or change contract requirements. Within the limits of any specific authority delegated by the Contracting Officer, the resident engineer may, by written direction, make changes in the work. The Contractor shall be advised of the extent of such authority prior to execution of any work under the contract.

(e) The Contracting Officer or an Administrative Contracting Officer identified in paragraph (a) may further delegate limited authority and specialized support services responsibilities below to the following warranted Resident Engineer personnel on site, not to exceed the dollar value and threshold of their warrant:

The responsibilities below will not be delegated.

(1) Conduct post-award orientation conferences.

(2) Issue administrative changes (see FAR 43.101) correcting errors or omissions, contractor address, facility or activity code, remittance address, computations which do not required additional contract funds, and other such changes.

(3) For actions not to exceed $0.00 negotiate and execute supplemental agreements resulting from change orders issued under the Changes clause.

(4) Negotiate and execute supplemental agreements changing contract delivery schedules where the time extension does not exceed 0 calendar days.

(End of Clause)

A.7 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—

SUPPLEMENT (SEP 2019)

The FAR clauses 52.236-2, Differing Site Conditions; 52.243-4, Changes; and 52.243-5, Changes and Changed Conditions, are supplemented as follows:

(a) Submission of request for equitable adjustment proposals. When directed by the Contracting Officer or requested by the Contractor, the Contractor shall, in accordance with FAR 15.403-5, submit proposals for changes in the work exceeding $500,000 in writing to the Contracting Officer or Administrative Contracting Officer (ACO), and to the resident engineer.

(1) The Contractor must provide an itemized breakdown for changes exceeding the micro-purchase threshold (see FAR 2.101).

(2) The itemized breakdown shall include materials, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. Labor costs shall be identified with specific material placed or operation performed.

(3) Proposals shall be submitted to the Contracting Officer or ACO and the resident engineer as expeditiously as possible, but not later than 7 calendar days, after receipt of a written change order by the Contracting Officer.

(4) Proposals shall be signed by each subcontractor participating in the change.

(5) The Contracting Officer will consider issuing a settlement by determination to the contract if the Contractor's proposal required by paragraph (a)(3) of this clause is not received within the time period specified in paragraph (a)(3), or if agreement has not been reached.

(b) Paragraphs (a)(1) through (5) of this clause and the following paragraphs (b)(1) and (2) apply to proposals for changes in the work $500,000 or less:

(1) As a basis for negotiation, allowances not to exceed 10 percent each for overhead and profit for the party performing the work will be based on the value of labor, material, and equipment required to accomplish the change. As the value of the change increases, a declining scale will be used in negotiating the percentage of overhead and profit. This declining scale will also be used to negotiate the prime Contractor's or upper-tier subcontractor's fee when work is performed by lower-tier subcontractors (to a maximum of three tiers) and will be based on the net increased cost to the prime or upper-tier subcontractor, as applicable. Profit (fee) shall be computed by multiplying the profit percentage by the sum of the direct costs and computed overhead costs. Allowable percentages on changes will not exceed the following:

(i) 10 percent overhead and/or 10 percent profit (fee) on the first $20,000.

(ii) 7.5 percent overhead and/or 7.5 percent profit (fee) on the next $30,000.

(iii) 5 percent overhead and/or 5 percent profit (fee) on a balance over $50,000.

(2) The Contracting Officer will consider issuing a settlement by determination to the contract if the Contractor's proposal required by paragraph (3) is not received within 30 calendar days, or if agreement has not been reached.

(c)(1) Overhead and Contractor's fee percentages shall be considered to include insurance other than mentioned herein, field and office supervisors and assistants, security police, use of small tools, incidental job burdens, and general home office expenses and no separate allowance will be made. Assistants to office supervisors include all clerical, stenographic and general office help. Incidental job burdens include, but are not necessarily limited to, office equipment and supplies, temporary toilets, telephone and conformance to OSHA requirements.

Items such as, but not necessarily limited to, review and coordination, estimating and expediting relative to contract changes are associated with field and office supervision and are considered to be included in the Contractor's overhead and/or fee percentage.

(2) Where the Contractor's or subcontractor's portion of a change involves credit items, such items must be deducted prior to adding overhead and profit for the party performing the work.

The Contractor's fee is limited to the net increase to Contractor or subcontractors' portions of cost computed in accordance with this clause.

(3) Where a change involves credit items only, a proper measure of the amount of downward adjustment in the contract price is the reasonable cost to the Contractor if it had performed the deleted work. A reasonable allowance for overhead and profit are properly includable as part of the downward adjustment for a deductive change. The amount of such allowance is subject to negotiation.

(End of Clause)

A.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov);

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/fwtyyybjydpjgqyy/(https:/www.vip.vetbiz.va.gov) any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart

819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted.

For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause)

A.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

A.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS

(JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Clause)

A.11 DBA-WAGE DETERMINATION

"General Decision Number: IL20210002 01/15/2021

Superseded General Decision Number: IL20200002

State: Illinois

Construction Type: Building

Counties: Alexander, Champaign, Christian, Clark, Clay, Coles, Crawford, Cumberland, De Witt, Douglas, Edgar, Edwards, Effingham, Fayette, Ford, Franklin, Gallatin, Hamilton, Hardin, Iroquois, Jackson, Jasper, Jefferson, Johnson, Lawrence, Marion, Massac, Moultrie, Perry, Piatt, Pope, Pulaski, Richland, Saline, Shelby, Union, Vermilion, Wabash, Wayne, White and Williamson Counties in Illinois.

BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually.