INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO …



1. SOLICITATION NUMBER2. TYPE OF SOLICITATION3. DATE ISSUEDPAGE OF PAGES4. CONTRACT NUMBER5. REQUISITION/PURCHASE REQUEST NUMBER6. PROJECT NUMBER7. ISSUED BYCODE8. ADDRESS OFFER TOa. NAMEb. 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 DAYS13. ADDITIONAL SOLICITATION REQUIREMENTS:STANDARD FORM 1442 (REV. 8/2014)STANDARD FORM 1442Prescribed by GSA-FAR (48 CFR) 52.236-1(d)SOLICITATION, OFFER,AND AWARD(Construction, Alteration, or Repair)SOLICITATIONSOLICITATIONIMPORTANT - 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 receivingaward,notice to proceed. This performance period ismandatorynegotiable. (See _____________________________).YESNOa.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. Sealedenvelopes 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.1147VA241-16-R-0282X08-22-2016NoneDepartment of Veterans AffairsVAMC Providence830 Chalkstone AvenueProvidence RI 02908 Rotondo, Karla4014594760x1558THIS SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESSES WITH VETERAN PREFERENCE Best Value Construction - Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Contract for Asbestos AbatementConstruction at VISN 1 Facilities (Boston which consists of Jamaica Plains, West Roxbury, and Brockton), Bedford, MA,Northampton, MA, Augusta, ME, Manchester, NH, White River Junction, VT, Providence, RI, West Haven and Newington, CT.Base Award Period of one (1) calendar year and four (4) one (1) year options. The total contract period, includingoptions, shall not exceed five (5) calendar years. NAICS Code 562910 $14.0 Million is the Small Business size standard. The Government intends to award a minimum ofeight (8) individual IDIQ Contracts providing sufficient qualified contractors present offers. Contractor shall provide all labor, material, tools, apparatus, equipment, transportation, supervision, licenses, anddisposal necessary for asbestos abatement for the VA Medical Centers throughout New England in accordance with alllocal, state, and federal regulations, the statement of work, applicable wage rates, applicable sections of the masterspecifications, and terms and conditions incorporated herein. Prior to the award of any resulting task order against this IDIQ Contract, an RFQ/RFP will be issued to the awardedcontractor(s) for the awarded facilities with a statement of work, applicable sections of the master specifications, andapplicable wage rates. Solicitation and all information, notice, amendment for this requirement will be posted at awards are subject to the availability of funds. **36552.211-10Xper task order3Noon09-23-2016X120 14. NAME AND ADDRESS OF OFFEROR15. TELEPHONE NUMBER16. REMITTANCE ADDRESSCODEFACILITY CODE17. 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 isaccepted by the Government in writing within __________ calendar days after the date offers are due.AMOUNTS18. The offeror agrees to furnish any required performance and payment bonds.19. ACKNOWLEDGMENT OF AMENDMENTSAMENDMENTNUMBERDATE.20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER20b. SIGNATURE20c. OFFER DATE21. ITEMS ACCEPTED:22. AMOUNT23. ACCOUNTING AND APPROPRIATION DATA24. SUBMIT INVOICES TO ADDRESS SHOWN INITEM25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( ) 26. ADMINISTERED BY27. PAYMENT WILL BE MADE BYPHONE:FAX:28. NEGOTIATED AGREEMENT29. AWARDYourContractor agreesoffer on this solicitation is hereby accepted as to the items listed. Thisto furnish and deliver all items or perform all work requirements identifiedaward consummates the contract, which consists of (a) the Governmenton this form and any continuation sheets for the consideration stated insolicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contractractual document is necessary.shall be governed by (a) this contract award, (b) the solicitation, and (c)the clauses, representations, certifications, and specifications incorporatedby reference in or attached to this contract.30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED31a. NAME OF CONTRACTING OFFICERTO SIGN30b. SIGNATURE30c. DATE31b. UNITED STATES OF AMERICA31c. AWARD DATEBYOFFERAWARDSTANDARD 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 thanthe 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 thisdocument 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 See attached pricing schedules for each seed projectDepartment of Veterans AffairsVAMC Providence830 Chalkstone AvenueProvidence RI 02908Department of Veterans AffairsFinancial Services CenterP.O. Box 149971Austin TX 78714-9971 Table of Contents TOC \o "1-4" \f \h \z \u \x INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS PAGEREF _Toc459639635 \h 52.1 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) PAGEREF _Toc459639636 \h 52.2 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc459639637 \h 52.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) PAGEREF _Toc459639638 \h 52.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc459639639 \h 52.5 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) PAGEREF _Toc459639640 \h 62.6 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc459639641 \h 62.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016) PAGEREF _Toc459639642 \h 72.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc459639643 \h 72.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc459639644 \h 72.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc459639645 \h 82.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc459639646 \h 8STATEMENT OF WORK PAGEREF _Toc459639647 \h 9SECTION 00010 NOTES PAGEREF _Toc459639648 \h 25SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS PAGEREF _Toc459639649 \h 28SECTION 00110 SUBMISSION REQUIREMENTS AND INSTRUCTIONS PAGEREF _Toc459639650 \h 31SECTION 00120 PROPOSAL EVALUATION AND BASIS FOR AWARD GENERAL INFORMATION: PAGEREF _Toc459639651 \h 37SECTION 00800 SPECIAL IDIQ CONTRACT REQUIREMENTS PAGEREF _Toc459639652 \h 48SECTION 01000 GENERAL REQUIREMENTS PAGEREF _Toc459639653 \h 64SECTION 01001 AFFIRMATIVE PROCUREMENT PAGEREF _Toc459639654 \h 80SECTION 01300 SUBMITTALS PAGEREF _Toc459639655 \h 87SECTION 01451 CONTRACTOR QUALITY CONTROL PAGEREF _Toc459639656 \h 95SECTION 01700 WHERE THE FOLLOWING REQUIREMENTS DIFFER FROM REQUIREMENTS ESTABLISHED BY A SPECIFIC TASK ORDER, THE TASK ORDER REQUIREMENTS SHALL GOVERN. PAGEREF _Toc459639657 \h 102EXHIBIT A PERFORMANCE RELEVANCY QUESTIONNAIRE PAGEREF _Toc459639658 \h 104EXHIBIT B SUBCONTRACTOR INFORMATION AND CONSENT FORM PAGEREF _Toc459639659 \h 106EXHIBIT C PACKAGE INFORMATION AND FORMS PAGEREF _Toc459639660 \h 107EXHIBIT D PRE-AWARD CONTRACTOT EVALUATION FORM CONSTRUCTION SAFETY PAGEREF _Toc459639661 \h 114EXHIBIT E TECHNICAL PROPOSAL DATA PAGEREF _Toc459639662 \h 115ATTACHMENTS PAGEREF _Toc459639663 \h 118EXHIBIT G PROPOSAL INQUIRY FORM PAGEREF _Toc459639664 \h 119EXHIBIT H PROPOSAL VOLUME CONTENTS AID PAGEREF _Toc459639665 \h 120REPRESENTATIONS AND CERTIFICATIONS PAGEREF _Toc459639666 \h 1213.1 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) PAGEREF _Toc459639667 \h 1213.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016) PAGEREF _Toc459639668 \h 1213.3 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc459639669 \h 1233.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc459639670 \h 123GENERAL CONDITIONS PAGEREF _Toc459639671 \h 1254.1 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) PAGEREF _Toc459639672 \h 1254.2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) PAGEREF _Toc459639673 \h 1254.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) PAGEREF _Toc459639674 \h 1274.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) PAGEREF _Toc459639675 \h 1274.5 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984) PAGEREF _Toc459639676 \h 1284.6 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc459639677 \h 1284.7 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc459639678 \h 1284.8 52.216-22 INDEFINITE QUANTITY (OCT 1995) PAGEREF _Toc459639679 \h 1284.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc459639680 \h 1294.10 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) PAGEREF _Toc459639681 \h 1294.11 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) PAGEREF _Toc459639682 \h 1294.12 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) ALTERNATE I (MAY 2008) PAGEREF _Toc459639683 \h 1304.13 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc459639684 \h 1304.14 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2016) PAGEREF _Toc459639685 \h 1324.15 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc459639686 \h 1354.16 SUPPLEMENTAL INSURANCE REQUIREMENTS PAGEREF _Toc459639687 \h 1354.17 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc459639688 \h 1354.18 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc459639689 \h 1354.19 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) PAGEREF _Toc459639690 \h 1354.20 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) PAGEREF _Toc459639691 \h 1364.21 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc459639692 \h 1364.22 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) PAGEREF _Toc459639693 \h 1364.23 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc459639694 \h 1364.24 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) PAGEREF _Toc459639695 \h 1374.25 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) PAGEREF _Toc459639696 \h 1374.26 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) PAGEREF _Toc459639697 \h 1384.27 VAAR 852.236-76 CORRESPONDENCE (APR 1984) PAGEREF _Toc459639698 \h 1384.28 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) PAGEREF _Toc459639699 \h 1384.29 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) PAGEREF _Toc459639700 \h 1384.30 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) PAGEREF _Toc459639701 \h 1384.31 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) PAGEREF _Toc459639702 \h 1384.32 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) PAGEREF _Toc459639703 \h 1384.33 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) PAGEREF _Toc459639704 \h 140ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE PAGEREF _Toc459639705 \h 1404.34 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) PAGEREF _Toc459639706 \h 1414.35 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) PAGEREF _Toc459639707 \h 1414.36 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) PAGEREF _Toc459639708 \h 1414.37 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) PAGEREF _Toc459639709 \h 1414.38 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) PAGEREF _Toc459639710 \h 1424.39 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE I (JAN 2008) PAGEREF _Toc459639711 \h 1434.40 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (NOV 1986) PAGEREF _Toc459639712 \h 1434.41 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) PAGEREF _Toc459639713 \h 1434.42 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) PAGEREF _Toc459639714 \h 1444.43 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc459639715 \h 1444.44 SECURITY REQUIREMENTS PAGEREF _Toc459639716 \h 1444.45 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc459639717 \h 144INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS2.1 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) (a) Definitions. As used in this provision— Commercial and Government Entity (CAGE) code means— (1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO's Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark “Unknown”). Predecessor legal name: ____. (Do not use a “doing business as” name).(End of Provision)2.2 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Indefinite Quantity contract resulting from this solicitation.(End of Provision)2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.(End of Provision)2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested— (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.(End of Provision)2.5 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11). (b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested— (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.(End of Provision)2.6 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Karla Rotondo Contracting Officer Hand-Carried Address: Department of Veterans Affairs VAMC Providence Uncas Building 3rd Floor 623 Atwells Ave Providence RI 02909 Mailing Address: Department of Veterans Affairs VAMC Providence Contracting Department 830 Chalkstone Avenue Providence RI 02908 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)2.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016) (a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. (b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (). (c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database ().(End of Provision)2.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 204202.10 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 Provision)2.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)FAR NumberTitleDate52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTINGJUL 201652.204-17OWNERSHIP OR CONTROL OF OFFERORJUL 201652.215-1INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONJAN 200452.216-27SINGLE OR MULTIPLE AWARDSOCT 199552.222-23NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTIONFEB 199952.223-1BIOBASED PRODUCT CERTIFICATIONMAY 201252.223-4RECOVERED MATERIAL CERTIFICATIONMAY 200852.236-27SITE VISIT (CONSTRUCTION)FEB 199552.236-28PREPARATION OF PROPOSALS—CONSTRUCTIONOCT 1997STATEMENT OF WORKDepartment of Veterans Affairs, VISN 1Asbestos Abatement ServicesA. GENERAL: 1. Title of Project: Routine and emergency response asbestos abatement services for the Department of Veterans Affairs, VA New England Healthcare System (VISN 1), all locations as applicable.2. Scope of Work: Provide routine and emergency response asbestos abatement services in support of the following VISN 1 VA Medical Center facilities: (1) VA Medical Center, White River Junction, Vermont; (2) VA Medical Center, Manchester, New Hampshire; (3) VA Central Western Massachusetts, Northampton, Massachusetts; (4) Edith Nourse Rogers Veterans Memorial Hospital, Bedford, MA; (5) VA Boston Health Care System, MA, including the Brockton Campus, the Jamaica Plain Campus, and the West Roxbury Campus; (6) VA Medical Center, Providence, RI; (7) VA Connecticut Health Care System, including the West Haven Campus, and the Newington Campus; (8) VA Medical Center Togus, Augusta ME; (9) VA Allocation Resource Center, Braintree, MA; (10) any Community Based Outpatient Clinics located within VISN 1; and (11) any other VA facility and/or location within the New England HealthCare System.3.For purposes of this contract, “days” means working days (Federal holidays excluded) unless otherwise expressly specified, “routine response” is defined as commencing asbestos abatement on regular Federal government business days within seventy-two (72) hours of issuance of notice to proceed from the Contracting Officer. “Emergency response” is defined as commencing an on-site assessment within two (2) hours 24 hours per day, 7 days per week, 365 days per year (except 366 days for leap years) of receipt of an Emergency Response Request from the Engineering Service or Facilities Management Service (FMS) Duty Officer or the Contracting Officer. Commencing on-site mitigation (e.g., fiber suppression), remediation (e.g., cleanup), and asbestos waste disposal may be required immediately following an emergency response on-site assessment when required by the Government. The Contractor(s) shall provide all labor and materials including tools and apparatus, equipment, supervision, certifications, licenses, permits, regulatory notifications, transportation and disposal necessary to perform asbestos abatement work at VISN 1 facilities. All work shall be performed by State-licensed asbestos abatement contractors using EPA-accredited, State-certified and/or State-licensed (as required by State regulatory requirements) asbestos abatement workers and supervisors. All asbestos waste hauling firms and all asbestos waste transfer stations and end disposal facilities performing under this contract shall at all times throughout the Period of Performance (PoP) possess the applicable Federal, State and Local regulatory approvals, permits and/or licenses, and each asbestos waste transporter and end-disposal facility shall be approved in advance in writing by the Contracting Officer Representative (COR).4.Background: VA Healthcare Facilities within VISN 1 have consolidated requirements for asbestos abatement services to include hospitals, administrative, laboratory, boiler plants, chiller plants, maintenance, support and research buildings, structures and other real property identified by the Government. Properties located on the grounds at each facility and off campus perform clinical, administrative and support functions. Construction in clinical spaces, including asbestos abatement, may require job-specific Infection Prevention and Control practices and procedures as determined by the Pre-Construction Infection Control Risk Assessment (PICRA). For properties off-campus, the Contractors shall be capable of providing services for more than one city/town and county in each state (RI, MA, CT, ME, VT and NH) to include all territorial boundaries and political subdivisions within each state.5. Type of Contract: Multiple Award Indefinite Delivery/Indefinite Quantity (IDIQ) Contract with fixed price task orders and more than one contractor with capabilities to provide the services required for each Facility in VISN 1 where applicable. The IDIQ will be established for a Base Year with up to Four (4) one (1) year Option Renewals at the discretion of the VA. 6. Ordering Activities and Procedures: As requirements develop, Requests for Pricing (RFP) for Task Orders will be issued on a competitive or single source basis, at the Government’s discretion. Task orders will vary in size from $2,000 to $600,000 and will be issued by the individual task orders awarded and administered by duly appointed Contracting Officers within NCO 1.All warranted Contracting Officers within NCO 1 can be assigned to place Task Orders against the VISN 1 IDIQ Contracts established and applicable for each location and facility. Each VISN 1 facility shall provide the name of the Contracting Officer’s Representative (COR) for asbestos abatement services for each requirement. 7. Special IDIQ Contract Requirements: Upon award of the base year contract, the Contractor will be issued an initial task order for $2,000.00. Upon receipt of this order, the Contractor shall submit their required Safety and Occupational Health written programs, Emergency Action Plan (per 29 CFR 1910.38 (a) and (b)), and Quality Assurance Plans to the Contracting Officer within 30 calendar days. Depending on the nature and scope of the project, the Contractor and any subcontractors performing under this contract may be required to submit additional plans such as, but not limited to, an Accident Prevention Plan (APP), Confined Space Entry Plan, site-specific Fall Protection and Prevention Plan (FPPP) and written Fall Protection Program (FPP), Scaffold Erection Plan, Crane Lift Plan, and/or an Infection Control Plan (when required by the Facility Pre-Construction Infection Control Risk Assessment (PICRA)), as set forth in VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, SAFETY REQUIREMENTS. Plans submitted with an offeror’s quote are not considered as meeting this requirement. In the event the Contractor fails to submit the required plans within sixty (60) calendar days of the order, the Government reserves the right to unilaterally terminate the IDIQ contract at no cost to the Government.8. Definitions:ABIH – American Board of Industrial Hygiene. 6015 W. St. Joseph, Suite 102, Lansing, MI 48917, 517-321-2638. Certifies professional industrial hygienists in the comprehensive practice of industrial hygiene, i.e., Certified Industrial Hygienist (CIH). .ACGIH – American Conference of Governmental Industrial Hygienists. 1330 Kemper Meadow Drive, Cincinnati, Ohio 45240, 513-742-2020. .ACBM – Asbestos Containing Building Materials, as defined by the U.S. EPA.ACM – Asbestos Containing Materials as defined by the U.S. EPA and Federal OSHA.AIHA – American Industrial Hygiene Association. 3141 Fairview Park Dr., Suite 777, Falls Church, VA 22042, 703-849-8888. AHERA – Asbestos Hazard Emergency Response Act, 40 CFR PART 743.AHERA TEM – Asbestos in air by analytical transmission electron microscopy, 40 CFR Part 763, Appendix A to Subpart E.Asbestos abatement - Procedures to control fiber release from ACM and ACBM. Includes removal, encapsulation, enclosure, removal or repair and cleanup of asbestos debris.ASHARA - Asbestos School Hazard Abatement Reauthorization Act (ASHARA) of 1990.CIH – Certified Industrial Hygienist. A professional industrial hygienist who is certified in the comprehensive practice of industrial hygiene by the American Board of Industrial Hygiene (ABIH).COR – Contracting Officer’s Representative.CPIH/CIH – The contractor’s Professional Industrial Hygienist who is certified in the comprehensive practice of industrial hygiene (CIH) by the American Board of Industrial Hygienists (ABIH). Responsible for ensuring contractor compliance with all OSHA regulatory requirements for contractor’s workers/supervisors.Hazardous material – Any material or substance meeting the definition of a “hazardous chemical” in 29 CFR 1910.1200; a “hazardous waste” regulated by the Resource Conservation and Recovery Act (RCRA); a fungicide, herbicide, insecticide, nematicide, pesticide or rodenticide regulated by the Federal Insecticide, Fungicide and Rodenticide Act of (FIFRA); any pollutant regulated under the National Emission Standard for Hazardous Air Pollutants (NESHAP); any substance regulated under the Toxic Substance Control Act (TSCA); and any substance regulated as a “hazardous material” by the U.S. Department of Transportation in 49 CFR parts 100 - 185. HEPA – High Efficiency Particulate Arrestance (or Air) filter, typically 99.9% efficient at nominal 0.3 micron most penetrating particle challenge aerosol tested in the unloaded state. A sealed HEPA filtration system is required in local exhaust ventilation units during asbestos and LBP abatement and microbial remediation.Industrial Hygiene (IH) Technician – An industrial hygiene professional working under the direction of the CPIH/CIH or VPIH/CIH who has at least an Associate Degree in a relevant physical or life science or engineering, and specialized training, certifications, licenses and experience required for the industrial hygiene work assigned. IH Technicians collect bulk and/or air samples before, during and after an asbestos or LBP abatement or microbial remediation, and may oversee the abatement or remediation project.LEV – Local exhaust ventilation unit equipped with a sealed HEPA (99.97%) filtration system to capture hazardous airborne contaminants prior to discharge.MAP – Model Accreditation Plan, 40 CFR PART 763, APPENDIX C TO SUBPART ENIOSH – National Institute of Occupational Safety and HealthPIH – Professional Industrial Hygienist. An industrial hygienist qualified by education, training, and experience to anticipate, recognize, evaluate, measure and develop controls for occupational safety and health hazards, who also meets the AIHA or ACGIH definition of an “industrial hygienist.” A PIH is distinguished from an IH Technician in that the former has a bachelor’s degree in a relevant scientific discipline as required by the AIHA or ACGIH; and at least five (5) years of experience in the comprehensive practice of industrial hygiene at the full professional level, whereas an IH Technician has an Associate’s Degree and at least three (3) years of experience at the field technician level. A PIH is distinguished from a CIH insofar as a PIH is not certified in the comprehensive practice of industrial hygiene by the American Board of Industrial Hygienists (ABIH), whereas a CIH is thus certified.TEM – Analytical transmission electron microscopy used for asbestos analysis (e.g., AHERA TEM, NIOSH 7402)VAMC – VA Medical CenterVermiculite insulation – Is presumptively ACM consistent with U.S. EPA guidance.VPIH/CIH – The VA’s Professional Industrial Hygienist who is certified in the comprehensive practice of industrial hygiene (CIH) by the American Board of Industrial Hygienists (ABIH).9. Applicable Regulations:9a. FEDERAL REGULATIONSOccupational Safety and Health Administration (OSHA):29 CFR Part 1910Occupational Safety and Health Standards (General Industry)29 CFR Part 1926Occupational Safety and Health Regulations for ConstructionEnvironmental Protection Agency (EPA) Asbestos RegulationsThe Asbestos Hazard Emergency Response Act (AHERA) of 1984 (Toxic Substances Control Act (TSCA) Title II)TSCA Subchapter II: Asbestos Hazard Emergency Response (15 U.S.C. § 2641-2656)Clean Air Act (CAA) (42 USC § 7401 et seq.), Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) Regulations (40 CFR Part 61, Subpart M)Asbestos School Hazard Abatement Reauthorization Act (ASHARA) of 1990Asbestos Model Accreditation Plan, APPENDIX C TO SUBPART E OF PART 7639b. CONNECTICUT ASBESTOS REGULATIONSConnecticut Public Health Code 19a-332a, Standards for Asbestos AbatementConnecticut Public Health Code 20-440, Licensure and Training Requirements for Persons Engaged in Asbestos Abatement and Consultation Services9c. MAINE ASBESTOS REGULATIONSTitle 38, Chapter 12-A: Asbestos §1271 - §1284Maine Solid Waste Management Rules, Chapter 425, Asbestos Management Regulations9d. MASSACHUSETTS ASBESTOS REGULATIONS310 CMR 7.00: Air Pollution Control including 310 CMR 7.15: Asbestos (MA DEP)453 CMR 6.00: The Removal, Containment or Encapsulation of Asbestos (MA Dept. of Labor and Workforce Development)9e. NEW HAMPSHIRE ASBESTOS REGULATIONSNew Hampshire Code of Administrative Rules Env-A 1800 Asbestos Management and ControlNew Hampshire Code of Administrative Rules Env-SW 900 Management of Certain WastesTitle X, Public Health, RSA 141-E, Asbestos Management and Control9f. RHODE ISLAND ASBESTOS REGULATIONSRhode Island Department of HealthRules and Regulations for Asbestos Control (R23-24.5-ASB)Rhode Island Department of Environmental Management (RIDEM) Asbestos Rules and Regulations9g. VERMONT ASBESTOS REGULATIONSFollows Federal regulations10.General Requirements:a.The work shall include asbestos abatement services for health care, administrative, laboratory, research, support buildings and structures.b.Throughout the life of the contract, additional buildings, structures and other real property may be added, with reasonable notice, with changes to addresses/locations for city/towns at the Contracting Officer’s discretion and requirements. These additions and locations shall be considered within the scope of this Contract, and included for all asbestos abatement service requirements.c.Prime contractor and all subcontractors performing under this contract shall at all times comply with the Federal OSHA Asbestos General Industry Standard (29CFR 1910.1001) or Construction standard (29CFR 1926.1101) as applicable, any additional applicable State OSHA regulations, Federal Environmental Protection Agency (EPA) asbestos regulations, and any additional applicable State EPA regulations, and State and local Department of Public Health regulations.d.The Contractor, when required by the Task Order, shall move and return to the original position following asbestos abatement, furniture, furnishings, storage racks, file cabinets, desks, chairs, wall decor, and other applicable items as identified at the discretion of the COR.e.Following completion of asbestos abatement, the Contractor is responsible for cleaning equipment staging areas and removing all equipment and asbestos wastes generated by the asbestos abatement processes in a timely manner.f.The Contractor’s supervisor/foreperson/competent person shall be fluent in the English language (written, spoken), and shall remain on site at all times during all asbestos abatement activities, and be able to immediately enter the regulated area when necessary to protect the safety and health of VA patients, employees, visitors and Contractor’s employees, and to prevent violations of applicable Federal, State local regulations.g.Any contractor personnel who knowingly and willfully disregards any applicable Federal, State and/or local occupational safety and health (OSH), environmental protection and/or public health statute or its implementing regulations; VA OSH, environmental (GEMS), security and/or information security requirement; is subject to immediate removal from the job site and medical center by the VA Police, and may be barred from future performance under the contract at the discretion of the Contracting Officer. In the alternative, the contractor personnel who committed the violative act(s) or created/knowingly allowed the violative conditions will not be allowed to return to continue performing on the project unless cleared to in writing by the Contracting Officer after sufficient rehabilitation (e.g., retraining).h.Any contractor personnel who knowingly and willfully commits any criminal offense (e.g., introduction of “dangerous weapons” as defined by 18 U.S.C. § 930) or contraband to VA property, traffic and parking infractions) is subject to citation and/or arrest by the VA Police and prosecution in Federal District Court.11. Contractor’s Certifications: Contractor shall certify, in writing, that:Solvents (e.g., mastic removers) or products containing solvents (e.g., encapsulants) designated by the U.S. EPA as Class I ozone depleting substances, such as but not limited to, carbon tetrachloride and methyl chloroform (1,1,1-trichloroethane); or other chlorinated hydrocarbon solvent degreasers such as, but not limited to, dichloromethane (methylene chloride), chloroform, trichloroethylene and tetrachloroethylene (perchloroethylene), are not to be used for any task order issued under this contract.Solvents or products containing solvents will not become a Federal or State-EPA regulated hazardous wastes when spent (e.g., no solvents that will generate “D-listed” or “F-listed” wastes).c.Encapsulants do not contain any of the 8 RCRA metals – Arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver in sufficient concentration to require disposal as RCRA hazardous waste when removed and disposed.d.Asbestos: Replacement materials (e.g., insulation) shall not contain asbestos in any amount as defined by the U.S. EPA and OSHA. For purposes of this contract, vermiculite insulation is presumptively ACM, and products containing Zonolite? brand vermiculite insulation from the former vermiculite mine in Libby, Montana shall not be used in any replacement product.e.Silica: Materials shall not contain free crystalline silica.f.High acute toxicity. Materials shall not contain any ingredient in a concentration of 1.0 percent or greater that meets the GHS toxicity Category 1, 2 or 3. g.Human Carcinogens: Materials shall not contain any ingredient in a concentration of 0.1 percent or greater that is a GHS Category 1A or 1B human carcinogen, or is listed by the American Conference of Governmental Industrial Hygienists (ACGIH) as a Category A1-Confirmed human carcinogen or Category A2 - Suspected human carcinogen.h.Mutagens. Material shall not contain any ingredient greater than 0.1% that is a GHS Category 1A or 1B mutagen, or greater than 1.0% of a Category 2 mutagen.i.Allergens/sensitizers – Materials shall not contain any ingredient in a concentration greater than one percent (1%) that is an allergen, respiratory and/or skin sensitizer.j.Flammables and corrosives. Materials shall not be flammable or meet the GHS definition of a Category 1, 2 or 3 corrosive.12.VA Asbestos Abatement Projects:a.Prior to the start of any task order, an independent, third party AHERA Asbestos Building Inspector retained directly by the VA shall collect bulk samples of all suspect materials whenever demolition is a part of the project, as required by the Asbestos NESHAP regulations at 40 CFR Part 61, Subpart M. The AHERA Building Inspector may use the facility baseline asbestos survey of accessible ACM as a starting point; however, the NESHAP requires destructive sampling (e.g., limited opening of pipe chases and plaster ceilings, core samples from plaster lath ceilings) to identify all ACM that may be impacted by the demolition phase of the project.b.For purposes of this contract, vermiculite insulation is presumptively ACM, consistent with EPA guidance.c.Under no circumstances shall the Contractor’s personnel or their subcontractor’s personnel sample any suspect material or submit a bulk sample of a suspect material from a VA facility to an environmental testing lab for asbestos analysis on behalf of the VA.d.Prior to any asbestos abatement work, the plans and specifications for all asbestos abatement projects shall be developed by an independent third-party EPA-accredited, State-certified or State-licensed (depending on state requirements) AHERA Project Designer directly retained by the VA using the latest specifications and guidance documents from the VA Office of Construction and Facilities Management (CFM) Technical Information Library (TIL) available at: including:VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements 35 26, SAFETY REQUIREMENTS VA PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 02 – Existing Conditions 82 11 Traditional Asbestos Abatement02 82 13.13 Glovebag Asbestos Abatement02 82 13.19 Asbestos Floor Tile and Mastic Abatement02 82 13.21 Asbestos Roofing Abatement02 82 13.31 Asbestos Transite Abatement02 82 13.41 Asbestos Abatement for Total Demolition ProjectGuidance for the A/E may be obtained from the following CFM publications at CFM Asbestos Abatement Design ManualVA CFM Asbestos Abatement Design AlertsThese specifications and guidance documents are incorporated by reference as if set forth in full herein. If there are any conflicting provisions between these specifications, the SOW and applicable regulatory requirements, the most stringent requirements shall apply.e.In addition, all VA asbestos abatement projects shall be conducted in full compliance with the most current version of the following Veteran Health Administration (VHA) Directives which are incorporated by reference as if set forth in full herein:VHA Directive 2010-036 Asbestos Management ProgramVHA Directive 2004-012 Safety and Health during Construction ActivitiesThese Directives are incorporated by reference as if set forth in full herein. If there are any conflicting provisions between these Directives, the SOW and applicable regulatory requirements, the most stringent requirements shall apply.13.Asbestos Abatement Project Coordination: The COR will coordinate pre-abatement meeting(s) with Contractor including Contractor’s Competent Person, VA Professional Industrial Hygienist/Certified Industrial Hygienist (VPIH/CIH) and Contractor’s Professional Industrial Hygienist/Certified Industrial Hygienist (CPIH/CIH), provide reasonable and timely notice to occupants impacted by asbestos abatement activities including those adjacent to regulated areas of project dates and requirements for relocation (if needed), coordinate any background air samples, dust samples (as needed), and final clearance air sampling performed by the VPIH and CPIH, and ensure that any patients, staff or visitors who are sensitive to epoxy- or urethane-based encapsulants are provided reasonable and timely notice so they can be relocated for a suitable period of time, and the facility Safety Manager/Officer will determine re-entry times in consultation with Employee Occupational Health.14.Contractor shall at all times ensure that there is a continuous and uninterrupted electrical power supply for each HEPA-filtered negative air machine used to maintain the regulated work area at the negative pressure diffential required by the applicable VA asbestos abatement specifications. All internal combustion portable electric generators used indoors must be approved in writing by the COR and Safety Officer/Manager.15.Final Clearance Visual Inspections, Sampling and Testing:All final clearance visual inspections, sampling and testing shall be performed by or under the direction of the independent third-party VPIH/CIH retained directly by the VA.Preference shall be for final clear air sample analysis to be performed by an approved asbestos analytical laboratory using the EPA AHERA Transmission Electron Microscopy (TEM) method.All laboratory testing shall be performed by an environmental testing laboratory meeting the requirements of this Contract and approved by the VA COR.All field counting of fibers by phase contract microscopy (PCM) shall be performed by IH Technicians (or in Massachusetts licenses Asbestos Project Monitors) working under the supervision of the VPIH/CIH, and who have successfully completed a NIOSH 582 course or an AIHA approved NIOSH 582 equivalent course, and who is listed in the AIHA Asbestos Analyst Registry (AAR). The final report shall be submitted to the COR and Contracting Officer in a timely manner verbally and as soon as practicable in writing following the final visual inspection, final clearance air sampling and laboratory testing.16.Project Submittals: The Contractor shall provide the following submittals for approval by the COR for each Task Order for their personnel and any subcontractor personnel performing under this contract. These submittals are required for Contractor and any subcontractor personnel performing under this contract, including the CPIH/CIH:a.Regulatory notifications (e.g., Federal EPA, State EPA, State OSHA, State and/or local Department of Public Health (DPH)) as required for the jurisdiction in which the asbestos abatement is to be performed.b.Emergency Action Plan that meet the requirements of 29 CFR 1910.38 (a) and (b); and contact numbers for Federal and State OSHA, Federal and State EPA, and local regulatory authorities (e.g., DPH).c.Asbestos training certificates for initial and most recent annual refresher training for Asbestos Worker from an EPA-accredited training school and Asbestos Contractor/Supervisor/Competent Person training certificate.d.State license for the asbestos abatement firm, and each asbestos abatement supervisor and worker performing under this contract.e.Documentary evidence that each asbestos abatement worker and supervisor is enrolled in a medical surveillance program meeting the requirements of 29CFR1026.1101(m), 29CFR1926.1101(h)(2)(ii), and has been medically cleared to wear the class of respirator that will be used on the project as required by 29CFR1910.134(e), e.g., half-face or full-facepiece elastomeric air-purifying respirator; powered, air-purifying respirator (PAPR); supplied-air (“airline”) respirator. NOTE: DO NOT SUBMIT SOCIAL SECURITY NUMBERS OR PROTECTED HEALTH INFORMATION (PHI; pulmonary function test data, clinical notes) AS THIS REPRESENTS A VIOLATION OF HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT of 1996 (HIPPA) regulations. WARNING! HIPPA regulations provide for both civil and criminal penalties (including imprisonment) for unauthorized disclosures of PHI. Medical approval for respirator use only needs to state: Approved for unrestricted respirator use, approved for restricted respirator use (and stating restrictions), or disapproved for respirator use).Documentary evidence that each asbestos abatement worker and supervisor has been satisfactorily fit tested in the same make and model of tight-fitting respirator as will be used on the project, as required by 29CFR1910.134 (f).For each asbestos worker and supervisor, signed copy of Attachment #2 – Certificate of Worker’s Acknowledgment from the CFM 00 28 11 Traditional Asbestos Abatement plete the Summary of Asbestos Workers and Supervisors Qualifications Excel spreadsheet.For each asbestos worker and supervisor, Attachment #3 - AFFIDAVIT OF MEDICAL SURVEILLANCE, RESPIRATORY PROTECTION AND TRAINING/ACCREDITATION from the CFM 00 28 11 Traditional Asbestos Abatement specifications.Documentary evidence that the Contractor’s electrically qualified (for the type of electrical equipment being worked on) licensed electrician or master electrician has received training on NFPA 70E Standard for Electrical Safety in the Workplace (2015 or most current edition).All other submittals required by Section 2.4 not otherwise specified in this IDIQ, Section 2.5.3 (certificates of encapsulant compliance) of the CFM 00 28 11 Traditional Asbestos Abatement specifications or other applicable CFM asbestos abatement specifications. 17. Project Occupational Safety and Health Requirements: Contractor and all subcontractors performing under this contract shall observe all required Federal and State OSHA regulations for occupational safety and health, VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, 01 35 26, SAFETY REQUIREMENTS, VA Medical Center Construction Safety Program requirements, and any special requirements in this IDIQ and individual Task Orders.a.Immediately Dangerous to Life or Health (IDLH) Atmospheres. Use of dry ice or liquid nitrogen to remove vinyl asbestos tile and associated mastic could produce an oxygen-deficient IDLH atmosphere within the regulated area containment if the ventilation fails (e.g., due to electrical power failure). Use of dry ice or liquid nitrogen methods requires the Contractor and any subcontractors to provide properly calibrated and fully functional portable, real-time oxygen sensors equipped with audible and visible alarms, and prior written approval of the VA Contracting Officer or COR after approval by the VA Safety Manager or Safety Officer. NOTE: This approval may be contingent upon providing individual emergency escape breathing apparatus (EEBA) if the work is being performed in a confined space where immediate escape is not possible.b.Electrical Safety. Electrical hazards include electric shock, electrocution (fatal electric shock), arc flash and arc blast. Ground fault circuit interrupters (GFCIs) are required in regulated areas at all times. When electrical work is required (e.g., de-energizing electrical circuits, providing temporary power), Contractor shall provide an electrically qualified (for the type of electrical equipment being worked on) licensed electrician or Master Electrician who has received training in NFPA 70E Standard for Electrical Safety in the Workplace (2015 or most current edition) with appropriate voltage-rated and arc-rated personal protective clothing and equipment ensemble appropriate for the calculated incident energy, appropriate voltage-rated gloves and voltage-rated tools. Note that the verification of the absence of voltage following lockout/tagout (LOTO) is considered live work under NFPA 70E. Contractor shall not allow any of its employees other than electrically qualified (for the type of electrical equipment being worked on) licensed electricians or master electricians to work on energized electrical circuits and components, or to verify the absence of voltage as part of lockout/tagout procedures.c.Fall Protection.(1)Per VA CFM PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS, Division 01 – General Requirements, 01 35 26, SAFETY REQUIREMENTS, Section 1.16 – Fall Protection, the threshold height triggering fall protection requirements is six (6) feet for all work performed under this contract.(2)Contractor is required to develop and submit a written Fall Protection Program (FPP) at the beginning of award, and a site-specific Fall Protection and Prevention Plan (FPPP) for each Task Order in which asbestos abatement work will be conducted above six (6) feet.(3)The Contractor is also required to submit the name and qualifications of the Competent Person and Qualified Persons, and their training credentials and experience with respect to fall prevention and fall protection.(4)The FPPP must also include a Rescue Plan that anticipates and mitigates suspension trauma which can occur when a victim is suspended in a fall protection harness while awaiting rescue. The FPPP and FPP must be approved in writing by the VA Safety Manager/Officer prior to start of work. Any deficiencies in the FPPP must be corrected to the satisfaction of the VA Safety Manager/Officer prior to start of work.d. Written Respiratory Protection Program (RPP): Contractor shall submit its written RPP covering all classes of NIOSH-approved respirators that Contractor’s personnel will use on projects, and the name, credentials, qualifications and professional experience of the RPP Coordinator. The Contractor’s written RPP must be approved in writing by the VA COR and Safety Manager/Officer.e.Safety Data Sheets (SDS) for Hazardous Chemicals/Materials:(1)Globally Harmonized System (GHS) compliant Safety Data Sheets (SDS) required by OSHA 29 CFR 1910.1200 Hazard Communication Standard. Contractor shall submit a SDS for all proposed encapsulants, mastic removers and related hazardous chemicals/materials including solvents to be used on the project for approval by the VA Safety Manager/Officer prior to award. The SDS 313 shall include information on nanoparticles when present in the product.(2)All solvents (e.g., mastic removers) and solvent-containing products (e.g., encapsulants) used on the project shall be subject to approval by the VA Safety Manager/Officer, and shall be non-flammable, non-combustible and environmentally acceptable (e.g., no ozone-depleting constituents) and green (e.g., soy-based), and do not contain any constituent that would cause the solvent or product to become a regulated as a Federal or State EPA hazardous waste when spent (e.g., “D-listed” characteristic wastes, “F-listed” solvents). Solvents (e.g., mastic removers) and solvent-containing products (e.g., encapsulants) shall not create any noxious or offensive odors outside of the regulated area containment.FAILURE TO STRICTLY ADHERE TO OCCUPATIONAL SAFETY AND HEALTH REQUIREMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO A SUSPENSION OF WORK BY THE CONTRACTING OFFICER (AS PER SECTION 22 BELOW) UNTIL THE IDENTIFIED ISSUE IS CURED TO THE VA’s SATISFACTION, OR TERMINATION FOR DEFAULT BY THE CONTRACTING OFFICER.18. Life Safety:a.Interim Life Safety Measures (ISLM).Contractor and all subcontractors performing under this contract shall at all times comply with NFPA 101 (Life Safety Code, most current edition) and participate with the VA Safety Manager/Officer in the preparation of ILSMs that will be implemented during the asbestos abatement project. At a minimum, Contractor and all subcontractors shall at all times fully comply with the following requirements of a Fire Protection Plan (FPP):Ensure all exits provide free and unobstructed egress. Contractor shall maintain escape facilities for VA patients, employees, visitors and construction workers at all times. Means of egress in construction areas will be inspected daily by the Contractor’s Competent Person. If required by Contractor’s operations, establish and mark alternate means of egress. Impaired exits must be prominently marked as such, and include signage directing patients, visitors, staff and Contractor’s employees to designated alternate egress pathways/emergency exits.Ensure free and unobstructed access at all time to all areas of the project site for emergency services (e.g., no temporary accumulation of equipment or asbestos wastes).Ensure that existing fire alarm, detection, and suppression systems are not impaired by Contractor’s operations. If they must be taken off-line during asbestos abatement, the appropriate Interim Life Safety Measures (ILSMs) to be implemented by the Contractor must be approved in advance in writing by the VA Safety Manager/Officer prior to commencement of the project. Provide written procedures for asbestos abatement personnel to use in providing emergency notifications (police/fire/EMS) and post outside the decon chamber.Maintain the construction area at all times to minimize the potential for fire or safety hazards resulting from energized temporary electrical circuits and equipment, storage of construction materials, hazardous chemicals/materials, asbestos wastes and debris during construction operations.All temporary construction shall be built of noncombustible/fire retardant materials with an appropriate fire rating and shall be smoke tight. All fire barriers and smoke barriers must be approved in writing by the VA Safety Officer prior to commencement of the project.No Flammable materials in construction areas!All “hot work” requires a permit from the Engineering or Safety Office.Any sprinkler heads or smoke detectors that have been impaired by encapsulant overspray or that were damaged or destroyed during asbestos abatement activities must be replaced at the Contractor’s expense.Any encapsulant overspray on color coded fire detection system conduit and suppression system piping must be cleaned off by the Contractor before demobilizing.Enforces storage, housekeeping, and debris-removal practices that reduce the building’s flammable and combustible fire load to the lowest feasible level.Remove temporary covers on smoke detectors and sprinkler heads at the end of each work day. Coordinate with Project Engineer and Facility Safety Manager/Officer.b.Penetrations of Fire and Smoke Barriers:Prior to asbestos abatement activities involving cables, power connections, conduit, piping or other building utilities that penetrates a smoke or fire barrier, all such work must be approved by the Chief, Engineering Service/ FMS for each VA Medical Center, who will identify all fire and smoke barriers in the construction area. A Penetration Permit must be secured from the Chief, Engineering Service/FMS prior to disturbing the integrity of a smoke or fire barrier. The permit must be available at all times for inspection at the project location. After the work is completed, the Contractor must repair (seal) any resulting according to accepted practice and utilizing materials (including UL/FM-listed through penetration fire stopping materials) that meet the original barrier construction requirements and are approved by Engineering/FMS, in order to restore the design specifications for smoke and fire compartmentalization. All penetrations and miscellaneous openings must be protected according to NFPA 101, Section 8.3.5. Upon completion of any penetration repair, a visual inspection for approval must be requested from, and completed by Engineering/FMS.FAILURE TO STRICTLY ADHERE TO LIFE SAFETY REQUIREMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO A SUSPENSION OF WORK BY THE CONTRACTING OFFICER (AS PER SECTION 22 BELOW) UNTIL THE IDENTIFIED ISSUE IS CURED TO THE VA’s SATISFACTION, OR TERMINATION FOR DEFAULT BY THE CONTRACTING OFFICER.19. Infection Prevention & Control: Asbestos abatement in clinical areas requires a Pre-Construction Infection Control Risk Assessment (PICRA), and may require specific protective and mitigation measures depending on the risk to patients. All work shall be performed by Contractor and all subcontractors performing under this contract in accordance with the Construction Specifications for Infection Control provided by each facility. For purposes of any project, the work shall be considered and identified as an ICRA Class I, II, III or IV project and shall be accomplished using the controls indicated on the Infection Control Construction Permit. No work will be allowed to proceed until an Infection Control Construction Permit has been completed and signed by the Infection Prevention and Control Practitioner/Supervisor, Chief, Engineering/FMS and Safety Manger/Officer, and all protective measures required by the permit are in place.FAILURE TO STRICTLY ADHERE TO INFECTION CONTROL REQUIREMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO A SUSPENSION OF WORK BYTHE CONTRACTING OFFICER (AS PER SECTION 22 BELOW) UNTIL THE IDENTIFIED ISSUE IS CURED TO THE VA’s SATISFACTION, OR TERMINATION FOR DEFAULT BY THE CONTRACTING OFFICER.20. Environmental Compliance: Contractor and all subcontractors performing under this contract shall at all times comply with all required Federal, State and local environmental regulations, VA environmental (GEMS) requirements and any special environmental requirements in this IDIQ and individual Task Orders.FAILURE TO STRICTLY ADHERE TO ENVIRONMENTAL PROTECTION REQUIREMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO A SUSPENSION OF WORK BY THE CONTRACTING OFFICER (AS PER SECTION 22 BELOW) UNTIL THE IDENTIFIED ISSUE IS CURED TO THE VA’s SATISFACTION, OR TERMINATION FOR DEFAULT BY THE CONTRACTING OFFICER.21. Physical and Information Security: The Federal Government has stringent laws and regulations pertaining to prohibited weapons, contraband and information security. It is incumbent upon the Contractor and all subcontractors performing under this contract to inquire about these requirements before reporting to the jobsite. Asbestos work in areas containing sensitive information will require that Contractor and subcontractor employees receive applicable security clearance before entering the area from the Facility Information Security Officer (ISO). The COR will coordinate these approvals when required.FAILURE TO STRICTLY ADHERE TO PHYSICAL AND INFORMATION SECURITY REQUIREMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO A SUSPENSION OF WORK BY THE CONTRACTING OFFICER (AS PER SECTION 22 BELOW) UNTIL THE IDENTIFIED ISSUE IS CURED TO THE VA’s SATISFACTION, OR TERMINATION FOR DEFAULT BY THE CONTRACTING OFFICER.22. VERBAL STOP WORK and WRITTEN SUSPENSION OF WORK ORDER. The facility Chief Engineering Service/FMS, Safety Officer/Manager or designee (e.g., Safety Specialist or Industrial Hygienist) and Chief of Police are hereby authorized to issue a temporary verbal STOP WORK ORDER to the Contractor or any subcontractor performing under this Contract if, in their professional opinion, they have a reasonable and articulable belief based on objective criteria that an “imminent danger” (sometimes called an “imminent hazard”) as defined by OSHA in Section 13(a) of the OSH Act of 1970 is present or is imminent if an immediate intervention is not initiated. Section 13(a) of the OSH Act defines imminent danger as "... any conditions or practices in any place of employment which is such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act."The Facility Chief Engineering Service/FMS, Safety Officer/Manager or designee (Safety Specialist, Industrial Hygienist, GEMS Coordinator) and Chief of Police are also hereby authorized to issue a temporary verbal STOP WORK ORDER to the Contractor or any subcontractor performing under this Contract if, in their professional opinion, they have a reasonable and articulable belief based on objective criteria, that a significant violation of Federal, State or local environmental or public health regulations is present or imminent if an immediate intervention is not initiated.The Facility Chief Engineering Service/FMS, Chief of Police, Chief Information Officer (CIO), Information Security Officer (ISO), Privacy Officer and Safety Officer/Manager are hereby authorized to issue a temporary verbal STOP WORK ORDER to the Contractor or any subcontractor performing under this Contract if, in their professional opinion, they have a reasonable and articulable belief based on objective criteria, that a significant violation of Federal, State or local information security requirements is occurring or is imminent if an immediate intervention is not initiated.Stop Asbestos Removal Order: The provisions of Section 1.3 of the CFM 02 82 11 Traditional Asbestos Abatement specifications which are incorporated by reference shall apply at all times regardless of project size or whether those specifications are used.In those rare instances where a duly authorized VA Official issues a verbal STOP WORK ORDER to the Contractor or any subcontractor performing under this Contract, the Contractor/subcontractor shall immediately comply and the VA Official issuing the verbal STOP WORK ORDER shall notify the Contracting Officer and COR as soon as reasonably practical to request that the Contracting Officer issue a written SUSPENSION OF WORK.23.?Work Location and Restrictions: The work site location and address for each asbestos abatement project will be provided in the SOW for each Task Order and project drawings. Site Utilities: The Contractor shall bring to the COR’s attention in a timely manner plans and specifications that do not detail all existing structures, utilities, or components that may potentially interfere with the contract work required. The Contractor shall note any obstruction, utility, or condition that may hinder or interfere with the execution of this contract and the Contractor shall make provisions in their contract price to resolve such interferences and other conditions that may hinder the proper completion of the work. All proposed utility relocations, reallocations, and shutdowns shall be approved by the Chief Engineering Service/FMS prior to commencing such work. The Contractor shall verify all existing utility installations and take appropriate precautions prior to working around any utility installation.Work shall be scheduled and phased to avoid temporary shutdowns, restrictions, or interruptions of building and medical center utility system (e.g., electrical, domestic water, steam, heating, plumbing, fire detection and suppression systems, medical gases) to the extent feasible.?In the event a shutdown, restriction, or interruption of any utility services is absolutely necessary, a written request must be submitted at least three (3) working days in advance and approved in writing by the Chief Engineering Service/FMS, except for emergency response actions, when shorter notification times may be approved in writing by the Chief Engineering Service/FMS on a case-by-case basis.When the Contractor’s work interferes with clinical or administrative hospital functions, such as when work produces noise in excess of 70 decibels (70 dB unweighted, slow or fast response as appropriate for the noise source, i.e., continuous, impulsive, intermittent), release of dusts or noxious odors from the work area, ACM or demolition debris falling into the floor below or other interferences with normal hospital operations that cannot be contained within the work area, the Contractor shall immediately stop work, notify the COR in a timely manner, and re-schedule the work at other than normal hours as directed by the COR.The contractor shall not use any electrical equipment that interferes with clinical telemetry or information technology equipment.Use of epoxy or urethane encapsulants shall require at least three (3) working days written notice to the space occupants so that anyone with a documented allergy or sensitivity to the cross-linking (hardening) agents used in these products, or children in a day care facility, can be relocated prior to application. This requirement can only be waived in writing by the VA Safety Officer/Manager after s/he confirms that all sensitive people have been relocated. Re-entry times for sensitive individuals shall be established by the VA Safety Officer/Manager in consultation with Employee Occupational Health, based on health considerations appropriate for the space occupants.24. Storage of Equipment & Materials: The Contractor shall arrange with the COR for allocation of required workspace and for temporary the storage of equipment and material to be used for projects when applicable.?Storage space may be very limited at each facility.?Therefore, there may be no exclusive areas within the campus that can be given to the Contractor for their storage needs.?Additionally, no space will be made available for the placement of a contractor trailer for projects unless prior written approval from the COR is provided.?The Contractor should schedule delivery of materials and off-site waste shipments to limit the amount of storage space and time required.25. Asbestos Waste Removal/Documentation: The Contractor shall remove asbestos and other construction waste materials at least daily from the campus, unless otherwise authorized in writing by the COR, and dispose of it in a timely manner in accordance with applicable Federal, State and local regulations. All asbestos wastes shall be segregated from all other wastes in a separate rolloff, trailer or other suitable temporary storage container approved by the COR. Contractor shall provide the COR with all bills of lading and other required documentation for asbestos waste shipments, including final copies documenting receipt and disposal by the properly permitted asbestos waste disposal facility.26. Parking: Parking is strictly controlled for each Medical Center.?Contractor parking instructions shall be indicated either on the individual SOW for each Task Order, or will be provided by the COR. Parking in designated patient parking areas is strictly prohibited. Parking on grass is also prohibited unless authorized by the COR.?Parking for equipment necessary to perform the work will be authorized in advance of starting the project by the COR. Parking permits/passes may be required by the VA Police for each location.27. Scheduling of Work: The Contractor shall submit a project schedule to the VA for review and approval a reasonable time prior to commencing any work. The coordination of work days and times shall be identified in either the Statement of Work (SOW) for the Task Order requirement or be provided in writing by the COR for each location. Any off-tour* and weekend work needs to be approved in advance in writing by the Contracting Officer and the Chief, Engineering Service/FMS for that facility.*Normal Tour of Duty: Monday – Friday, 8:00 am to 4:30 pm.28. Material & Workmanship Quality: All materials and workmanship shall comply with all applicable codes, standards, contract specifications and recommendations of the COR.?All work shall be done in a first class manner according to the best trade practices and to the satisfaction of the COR.29. Guarantee: The Contractor shall guarantee all provided materials, equipment, and workmanship for a period of one (1) year from the Date of Acceptance of the individual Task Order.?During the term of the guarantee, the contractor shall re-clean, re-encapsulate, re-repair, re-enclose or re-insulate any area that is not of acceptable quality at no additional cost to the Government, within a seventy two (72) Hour Notice.30. Submittals: Contractor shall furnish to the Contracting Officer or COR in a timely manner:All regulatory notifications.GHS Safety Data Sheets (SDS) for all hazardous chemicals/materials to be used in the project (e.g., encapsulants, mastic removers, penetration sealants).Price quote. The Statement of Work (SOW) provided for each Task Order shall include the approximate Square Footage and/or Linear Footage of ACM to be abated when determination can be made with necessary specifications for each requirement. The Contractor shall submit a price quote to the Contracting Officer broken down with approval and concurrence to include:Unit Price per Square FootageUnit Price per Linear FootagePrice for specified activities (e.g., mobilization, demobilization, set up containment (including primary and critical barriers), decontamination chamber, type of ACM removal, asbestos waste decontamination facility, waste disposal)Price for specialized equipment (e.g., Vactor?, VecLoader?, Hurricane industrial vacuums, etc.)Price for Materials per RequirementFor emergency requirements, the Contractor shall submit quote to CO within one (1) business day.In the event the Square Footage/Linear Footage cannot be reasonably ascertained from the Task Order SOW, the Contractor shall request a site visit with the COR. Site visits for each facility may vary upon request for each requirement and shall be considered within scope throughout the life of the contract.The VA reserves the right to obtain asbestos abatement services from other qualified vendors in situations where a vendor’s pricing for a particular project is not reasonable as determined by the Contracting Officer.31. Contractor and subcontractor Qualifications: Contractor and subcontractor personnel shall meet or exceed the personnel requirements set forth in Section 1.6.1 of the CFM 02 82 11 Traditional Asbestos Abatement specifications. In addition, Contractor personnel should have knowledge of commercial/industrial practices and processes of the asbestos abatement trade; properties and application methods of encapsulants, mastic removers, penetration sealants and related materials; application code requirements; methods and practices followed in the maintenance of tools, machinery and equipment for asbestos abatement; occupational safety and health hazards of the asbestos abatement industry and methods to anticipate, recognize, evaluate and eliminate or control those hazards.Submit the following evidence of qualifications in response to this solicitation. Ensure that all references are current and verifiable by providing current phone numbers and documentation. Offerors who submit incomplete and/or misleading information shall be deemed non-responsive by the Contracting Officer and will not be afforded any further consideration.Asbestos Abatement Company: Relevant project experience within the past three (3) years; listing projects first that are most similar to this project (i.e., occupied hospital buildings, ambulatory care buildings, mental health care facilities): Project Name; Type of Abatement; Duration; Cost; Reference Name/Phone Number; Final Clearance; Completion DateList of project(s) halted by owner, A/E, project industrial hygienist, safety professional, environmental professional and/or regulatory agency in the last three (3) years: Project Name; Reason; Date; Reference Name/Number; ResolutionList Federal and State OSHA regulatory citations and “Notices of Significant Finding” Federal and State EPA Notices of Non-Compliance, Notices of Violation (NOVs), penalties, and legal actions taken against the company including and of the company’s officers (including status, resolution and damages paid) in the last three (3) years. Provide copies and all information needed for verification.Submit information on personnel: Provide a resume; address each item completely; copies of certificates, accreditations, and licenses. Submit an affidavit signed by the CPIH/CIH stating that all personnel submitted below have medical records in accordance with OSHA 29 CFR 1926.1101(m), 29 CFR 1910.134(e) and 29 CFR 1910.20 and that the company has implemented an asbestos medical surveillance program and written respiratory protection program that includes a medical fitness determination to wear the type of respirator appropriate for the work to be performed while undertaking stressful demolition work, and maintains recordkeeping in accordance with the above regulations. Submit the phone number and doctor/clinic/hospital used for medical evaluations. DO NOT SUBMIT ANY SOCIAL SECURITY NUMBERS (SSNs) OR PROTECTED HEALTH INFORMATION (PHI) (e.g., pulmonary function test results, clinical notes) AS THIS REPRESENTS A VIOLATION OF HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT of 1996 (HIPPA) regulations. WARNING! HIPPA regulations provide for both civil and criminal penalties (including imprisonment) for unauthorized disclosures of PHI.CPIH/CIH and IH Technician(s): Name; years of abatement experience; list of projects similar to this one; certificates, licenses, accreditations for proof of EPA AHERA and OSHA specialized asbestos training; OSHA 10-Hour or OSHA 30-Hour construction safety training and most current annual refresher training certificate, professional affiliations; number of workers trained; samples of training materials; samples of Asbestos Hazard Abatement Plans (AHAPs) developed; medical clearance for asbestos work and to wear a respirator (Do NOT include any SSNs or PHI); and current annual respirator fit test. DO NOT submit certificates for other types of training (e.g., HAZWOPER, lead-based paint).Asbestos Abatement Supervisor(s)/Foreperson(s): Names; years of asbestos abatement experience as Competent Person/Supervisor; list of similar projects in size/complexity as Competent Person/Supervisor; certificates, licenses, accreditations; proof of EPA AHERA or State EPA, and Federal or State OSHA asbestos training for each state in which the Contractor will perform work; maximum number of personnel supervised on a project; medical clearance for asbestos work and respirator use (Do NOT include any SSNs or Protected Health Information (PHI)); and current annual respirator fit test. Also submit initial OSHA 30-Hour Construction Safety Training certificate and most current 10-Hour annual refresher training certificate, and note programs for which Supervisor/Foreperson is a Competent Person within the meaning of OSHA regulations (e.g., fall protection, scaffolding). DO NOT submit certificates for other types of training (e.g., HAZWOPER, lead-based paint).Asbestos Abatement Workers: Names; years of asbestos abatement experience; certificates, licenses, accreditations and training courses asbestos abatement for each state in which the Contractor will perform work; medical clearance for asbestos work and respirator use (DO NOT include any SSNs or PHI); and current annual respirator fit test. Also submit initial OSHA 10-Hour Construction Safety Training certificate and most recent refresher training certificate. Do NOT submit certificates for other types of training (e.g., HAZWOPER, lead-based paint). Submit copies of state license for asbestos abatement company for each State in which the Contractor will perform work; copy of insurance policy documenting the Contractor and any subcontractors have in full force adequate liability/occurrence insurance for asbestos work as required by the State, with a letter from agent stating in plain language the coverage provided and any exclusions, and the fact that the types of asbestos abatement activities to be performed are covered by the policy; copy of AHAPs incorporating the requirements of this specification; information on who provides training to your employees and how often is the training provided; who provides medical surveillance and how often is it provided; who performs personal air monitoring of abatement workers and how is it conducted; a list of references of independent laboratories and industrial hygienists familiar with your air monitoring and standard operating procedures; and copies of personal and clearance air monitoring results of the five referenced projects listed and analytical method(s) used.Submit, before the start of work, the manufacturer's technical data for all types of encapsulants, mastic removers and penetration sealants SDS and application instructions for all products to be used on the project.32. Changes to Statement of Work (SOW): Changes or amendments to this original IDIQ SOW shall only be authorized and approved in writing signed by the VA Contracting Officer and the Contractors. Changes to the individual SOWs for Task Orders applicable to each facility shall be authorized and approved in writing by the assigned Contracting Officer.33. Travel Expenses: Travel expenses are not authorized under this VISN 1 IDIQ Contract.34. Reference Specifications & Codes: All work shall be done in compliance with all current applicable codes, specifications, and requirements including, but not limited to, the following:OSHA regulations at Title 29, Code of Federal Regulations (CFR), Parts 1910 (General Industry) and 1926 (Construction Industry) U.S. EPA regulations at 40 CFR including:The Asbestos Hazard Emergency Response Act (AHERA) of 1984 (Toxic Substances Control Act (TSCA) Title II)TSCA Subchapter II: Asbestos Hazard Emergency Response (15 U.S.C. § 2641-2656)Clean Air Act (CAA) (42 USC § 7401 et seq.), Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) Regulations (40 CFR Part 61, Subpart M)NFPA Life Safety Code (NFPA 101), latest editionNFPA National Fire Alarm Code (NFPA 72), latest edition NEC National Electrical Code (NFPA 70), latest editionNFPA 70E: Standard for Electrical Safety in the Workplace, 2015 or latest editionInternational Building Code, latest editionNational Standard Plumbing Code, latest editionAll applicable Department of Veterans Affairs (VA) master design specifications and master construction specifications and guidance documents (accessible at )The Facility Guidelines Institute’s 2014 Guidelines for Hospitals and Outpatient Facilities, Section 1.2-3.2 Infection Control Risk Assessment.SECTION 00010 NOTESThe following apply to this contract:Task orders in the following location(s) are applicable to this contract: (to be completed by the contracting officer at time of award)Applicable Maximum order dollar values (to be completed by the contracting officer at time of award)A task order in the amount of $2,000.00 will be issued upon award of this contract. This is the minimum guarantee for the contract. Under this task order, the Contractor shall submit their required Safety and Occupational Health written programs, Emergency Action Plan (per 29 CFR 1910.38 (a);(b)), Fall Protection Plan, and Quality Assurance Plans to the Contracting Officer within 30 days for all facilities awarded in the area of consideration for the particular contract. Sections 00100, 00110, and 00120, will be physically removed and not placed in contract award, but will be deemed to be incorporated by reference in that award.Contractor’s attention is invited to Section 00800, Special Contract Requirements. Important information on the Task Order process is contained therein. Offerors are encouraged to read this section in its entirety to reach a better understanding of the IDIQ Task Order Process. The minimum guaranteed task order amount for the entire contract period, to include any exercised option periods, is $2,000.00 per IDIQ contract awarded. See note SC. 3 in Section 00800. The term “Contracting Officer” is applicable to this Solicitation and resulting contract(s). The terms “Contracting Officer” and “Ordering Officer” may be used interchangeably when referring to individual Task Orders. CONTRACT PRICES – BIDDING SCHEDULES. The term Bidding Schedule shall also be construed to mean Offer Schedule or Schedule. The terms “bid” and “offer” shall be construed as having the same meaning in this solicitation and resulting contract(s) and any future task orders.Contractor is required to submit one (1) original, five (5) copies and one (1) disk in response to this solicitation. After award contractors shall enlist in the vendor portal of eCMS (directions to be provided by CO after contract award.) All task order Requests for Pricing (RFP’s) and offer submission will be submitted through vendor portal. Everything will be electronic. No facsimile will be accepted. Reference Contract Clause 52.228-15, PERFORMANCE AND PAYMENT BONDS. Applicability will be defined in individual IDIQ orders. The Government intends to award a minimum of eight (8) Multiple Contracts pursuant to this solicitation. Federally warranted Contracting Officers at any VAMC Contracting Office throughout Network Contracting Activity 1 are authorized to issue orders against this IDIQ. Instructions for the preparation of proposals are located in Sections 00100, 00110 and 00120. END OF SECTION 00010 AREAS OF CONSIDERATIONNOTE: OFFERORS MUST COMPLETE AREAS OF CONSIDERATION BELOW AND RETURN WITH PROPOSAL.LOCATION OF WORK – Offerors shall identify all location(s) they desire to be considered for award of individual IDIQ projects. Contractors will be provided a fair opportunity to compete for task orders at those locations within the dollar range indicated below if they award awarded a contract. LOCATIONSINTERESTED IN CONSIDERATIONVA Medical Center Providence830 Chalkstone AvenueProvidence, RI 02908( ) Interested in Consideration for this locationVA CT Healthcare System – includes the following locations:West Haven Campus950 Campbell AvenueWest Haven, CT 06516Newington Campus555 Willard StreetNewington, CT 06111( ) Interested in Consideration for this locationVA Medical Center White River Junction 215 North Main StreetWhite River Junction, VT 05011( ) Interested in Consideration for this locationVA Medical Center Manchester718 Smyth RoadManchester, NH 03104( ) Interested in Consideration for this locationVA Medical Center Togus1 VA CenterAugusta, ME 04330( ) Interested in Consideration for this locationVA Medical Center Bedford200 Springs RoadBedford, MA 01730( ) Interested in Consideration for this locationVA Central Western Massachusetts421 North Main StreetLeeds, MA 01053( ) Interested in Consideration for this locationVA Boston Healthcare System – includes the following locations:Brockton Campus940 Belmont StreetBrockton, MA 02301Jamaica Plain Campus150 South Huntington AvenueJamaica Plain, MA 02130West Roxbury Campus1400 VFW ParkwayWest Roxbury, MA 02132( ) Interested in Consideration for this locationTYPE OF PROJECTSAn offeror who has capability as a multidiscipline (General Type) Contractor and (Self Performance Capability) Contractor may be eligible for award. For General Construction, at least 15% of the cost of the contract performance incurred for personnel will be spent on the concern’s employees. SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORSINTRODUCTIONSCOPE: You are invited to submit a proposal in response to our Request for Proposal (RFP) entitled, “Veterans Affairs IDIQ Solicitation” for asbestos abatement for Veterans Affairs Locations identified in Section 00010. As a result of this solicitation, the Government intends to award a minimum of eight (8) indefinite-delivery indefinite-quantity Multiple Award Task Order Contracts (IDIQ), providing sufficient qualified contractors present offers. This is a Small Business Set Aside. Awards will be made to Small Business concerns providing sufficient qualified contractors present offers. Awards will be made to offerors whose proposals, responsive and conforming to the RFP, are determined to be most advantageous to the Government in terms of Technical, Past Performance, Price and other factors considered. Work to be performed under the IDIQ contracts shall provide asbestos abatement for projects designated for real property facilities. The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract. In this event, new IDIQ contractors, in accordance with the terms of their contracts, may compete for Task Orders with the Contractors selected under this solicitation. This is not a solicitation for a Requirements Contract.PROJECT CATEGORIES: Work performed under these contracts will generally be of the following general project categories:Asbestos Abatement for Construction Projects. Construction means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms “buildings, structures, or other real property” include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. CONTRACT DURATION, LIMITS AND AMOUNTS: Each of the resulting contracts will include a one-year base period (1-year) and four one-year option periods. The maximum value of each contract will not exceed $3 million over the life of the contract. The Minimum and Maximum values for a single Task Order are $2,000.00 and $600,000.00, respectively, excluding the Minimum Order Guarantee Task Order of $2,000.00. The minimum guaranteed order for each contract is one (1) task order valued at $2,000.00 with a guaranteed fee of $2,000.00 for the life of the contract. At time of award of the basic contract a task order for $2,000.00 will be issued and will be paid only if the awarded contractor submits the required Safety and Occupational Health written programs, Emergency Action Plan (per 29 CFR 1910.38 (a);(b)), and Quality Assurance Plans to the Contracting Officer. Plans are due 30 days after the issuance of the task order. Failure to submit the required plans within 60 days of issuance of the task order may result in the Government unilaterally cancelling the basic award. See Section 00800 for details.TASK ORDERS As requirements develop, Task Orders will be competed among the IDIQ awardees, or negotiated on a sole source basis as described in Section 00800. Section 00800 describes the Task Order process in detail. Offerors are highly encouraged to read Section 00800 before submitting a proposal. The basic contract will be administered, (e.g. issuing modifications, exercising options), by Network Contracting Organization 1 for IDIQs awarded for locations throughout VISN 1. Individual Task Orders will be awarded and administered by federally appointed contracting officers from the VISN 1 Contracting Office. Performance requirements will be specified for each project in the Task Order Request for Proposal. IDIQ Awardees will compete for Task Orders among themselves. The majority of all Task Orders shall be awarded based on competitive proposals received in response to the agency request for proposal.FORMAL COMMUNICATION, OFFEROR EXPLANATIONSAny explanation desired by an offeror regarding the meaning or interpretation of the solicitation, for proposals, drawings, specifications, statement of work, etc. must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer. The Contracting Officer reserves the right to address questions received after the tenth day prior to solicitation closing with those offers deemed responsive and/or in the competitive range after closing. All questions and requests for information (RFI) must be received NOT LATER THAN TWO WEEKS PRIOR TO SOLICITATION CLOSING DATE listed on SF1442 and will be posted not later than two working days prior to closing. OFFERORS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS PROCESS. Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, statement of work, etc., and will be furnished to all prospective offerors via posting to our web site at: . All potential offerors, plan rooms and printing companies are required to register in the System for Award Management (SAM) in order to view or download the plans or drawings from the web site. Receipt of amendments by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site.Submit the Proposal Inquiries by email to the contracting office at the address show below no later than two weeks prior to solicitation closing date listed on SF1442. Subject Line: Reference No. VA241-16-R-0282Email: Karla.Rotondo@AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS: The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted on the following website . Though every effort will be made to provide email notification when a change is posted such notification is NOT guaranteed and should not be expected. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the lasted information. HAND CARRIED PROPOSALS/INVITATIONS: Hand carried proposals must be brought to the VAMC, Contracting Office, Uncas Building, 3rd Floor, 623 Atwells Avenue, Providence, RI 02909. Hand carried proposals must be hand delivered prior to the time established for receipt of proposals. Offerors are cautioned that approval to enter the facility must be obtained prior to the closing date for receipt of proposals. Follow the procedures outlined in section 00800 for entry. Delays are probable at the entry point and should be accommodated for. Late receipt of proposals due to facility entry delays may not be deemed excusable and the Contracting Officer may declare the proposal late and remove it from consideration.WAGE DETERMINATION: Davis Bacon Wage Rates may be applicable to the resulting task orders. In the event the current prevailing Wage Determination is changed by the Department of Labor within 10 calendar days of the closing date of a task order solicitation, an amendment to the solicitation will be issued to incorporate the latest wage determinations. Applicable wage rates can be found at: , and are based on the location of the work, e.g. MA, ME, CT, VT, NH, or RI.In the event wage rates change after closing, but prior to the award of future task orders, the updated Wage Determination will be incorporated by amendment and issued to all offerors, or offerors considered in the competitive range, if discussions are necessary. If applicable, these offerors/contractors will be given an opportunity to provide revised proposals solely to adjust prices due to Wage Determination changes. If the wage determination modification does not change any affected wage rates then the provisions of FAR 22-404-5(c) (4) will apply. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS: This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.REMOVAL OF SECTIONS AT TIME OF AWARD. Sections 00100, 00110, 00120, and 00010 Areas of Consideration will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.DISPOSITION OF UNSUCCESSFUL PROPOSALS AND EXTRA SUCCESSFUL PROPOSALS: In compliance with FAR Subpart 4.8 the Government will retain one electronic copy of all proposals. The Government will destroy extra copies of proposals. No destruction certificate will be provided. PROPOSAL ACCEPTABILITY: Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award. The offeror is hereby advised that its proposal is presumed to represent its best and final offer in response to this solicitation. CLARIFICATIONS: Offeror may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals. Requests for such clarification information do not constitute discussions.EXCEPTIONS: If the offeror takes exception to any of the requirements specified in this solicitation, the offeror shall clearly identify each exception and include a complete explanation of why the exception was taken and what benefit accrues to the Government. All exceptions to the solicitation requirements (Sections 00010 through 00120) and supporting rationale shall be included in an addendum to the proposal and clearly labeled "Exceptions". An addendum is only required if the offeror takes exception to any requirement in the solicitation. (The Addendum does not have a page limitation, but shall only include information relevant to exceptions taken to the solicitation requirements.) The Government will assume an offeror takes no exceptions to any solicitation requirement if the offeror does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render an offeror's proposal unacceptable and ineligible for award. CLAUSESClauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text. Clauses and provisions in this document may not appear in consecutive order.END OF SECTION 00100SECTION 00110 SUBMISSION REQUIREMENTS AND INSTRUCTIONSGENERAL PROPOSAL PREPARATION INSTRUCTIONS: These instructions prescribe the format of proposals and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete. Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission may result in the proposal being unacceptable to the Government and elimination from consideration for award. All solicitation amendments must be acknowledged in accordance with FAR Clause 52.215-1 and Instructions to Offerors.SOURCES OF PERSONNEL ON SELECTION BOARD Offerors are advised that the Government reserves the right to include non-governmental employees to serve as advisors to Source Selection Evaluation Board members in the source selection process. These individuals will be authorized access to only those portions of the proposal data and discussions that are necessary to enable them to perform their respective duties. Such firms are expressly prohibited from competing on the subject acquisition and from rating proposals or recommending a selection. In accomplishing their duties related to the source selection process, the aforementioned firms may require access to proprietary information contained in the offeror’s proposals. Therefore, pursuant to FAR 9.505-4, these firms must execute an agreement with each offeror that states that they will (1) protect the offerors’ information from unauthorized use or disclosure for as long as it remains proprietary and (2) refrain from using the information for any purpose other than that for which it was furnished. To expedite the evaluation process, each offeror must contact the above companies to effect execution of such an agreement prior to submission of proposals. Each offeror shall submit copies of the agreement with their proposal. Offerors who fail to execute agreements do solely at their own risk.PROPOSAL CONTENT: Prospective offerors shall submit the proposal in two separate binders, labeled binder 1 and binder 2. Binder # 1 includes Volume 1, Price: One original, 3 copies, and one electronic copy in accordance with instruction contained herein. A total of four (4) binders labeled Volume #1 are expected, one original, four copies, and one electronic copy. Binders shall be clearly identified as an original or as a copy. See 1.5 of this section for proposal format and for proposal content. Binder # 2 contains Volume 2, Past Performance and Volume 3, Technical information: One original, 3 copies, and one electronic copy. See 1.5 of this section for proposal format and for proposal content. Offerors shall also submit Volumes 2 and 3 in their entirety in electronic format.PROPOSAL DUE DATE SCHEDULE AND DELIVERY LOCATIONS: Proposal Volumes and the electronic copy are due by the date and time set for the receipt of proposals shown in Block 13 of the SF 1442. The due date for receipt of Past Performance Questionnaires from your references is the same as the date and time set for the receipt of proposals shown in Block 13 of the SF 1442. After compiling all required information, submit the information in accordance with the “Proposal Due Date Schedule” paragraph and Block 13 of the SF 1442. Return the original and specified number of copies to the issuing office listed in Block 7 of the SF 1442. Mark the front of the envelope/box with the following: “PROPOSAL No. VA241-16-R-0282, DO NOT OPEN--- Competitive Proposal—Delivery Locations:By Mail: VAMC Providence, ATTN: Karla Rotondo (Eagle 3, Room 305), 830 Chalkstone Avenue, Providence, RI 02908 – It is the responsibility of the offeror to ensure that the proposal is mailed to allow time for the proposal to reach the correct office by the proposal due date and time. Note that if you overnight mail the proposal the day before the due date, the proposal will not be received at the correct office by the due date and time and will be considered late. In-person: Eagle Square, Uncas Building, 3rd Floor, Room 305, 623 Atwells Ave., Providence, RI 02909PROPOSAL FORMATPurpose: These instructions prescribe the format of proposals and describe the approach for the development and presentation of the proposed data. The proposal shall include all of the information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is orderly and sufficiently documented will enable the Government to easily understand and perform a thorough and fair evaluation.Offerors are cautioned to submit enough information to enable the evaluation committee to fully ascertain each offeror’s capability to perform all of the requirements contemplated by this solicitation. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.Written proposals shall be prepared on standard 8.5 x 11 inch paper (charts may be landscaped but must be on 8.5 x 11 inch paper) and shall be in a legible font size (10). All pages of each proposal shall be appropriately numbered and identified with the RFP number. For ease of reference, consecutive page numbering with tabs is required. Binding: Elaborate format and binding are neither necessary nor desirable. All binders will be capable of lying flat when opened. Three ring binders are preferred. The cover and spine of each binder will clearly identify the offeror’s name, Part number, RFP number, RFP title and copy number, (e.g. copy 2 of 4). The original for each volume will be clearly identified on the cover and the spine. All binders will allow for easy removal and replacement of pages.Indexing: Each volume will contain a “Table of Contents” for that volume. The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title as well as by page number and volume locations. Tab indexing will be used to identify Sections as appropriate. Electronic Copy: Provide one (1) electronic copy of all of the proposal information for Volumes 2 & 3 from Volume 1. Electronic copies are to be submitted on CD-ROM saved in Microsoft Word or Adobe Acrobat format. (“Read Only” files are acceptable). All disks shall be virus checked prior to submission. If revised proposals are requested, all proposal revisions shall be submitted on colored paper as page changes with each page identified by date and page number. Revised pages shall be printed on one side and punched with a 3-hole punch along the left margin. The number of revised copies to be submitted is the same as the initial proposal, including one electronic copy.PROPOSAL VOLUME CONTENTS: Each offeror’s proposal shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation. Proposals which do not include the requested minimum information may be eliminated from further consideration for award. BINDER 1- VOLUME 1, OFFER DOCUMENTS AND PRICE/COST INFORMATION: Offer and Section 00010 – Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102. One copy of the SF 1442 is required to have an original signature.DO NOT PUT ANY AMOUNTS IN THE BASIC CONTRACT SCHEDULE IN SECTION 00010- ALL FUNDING WILL BE ON THE TASK ORDERS WHEN AWARDED.Section 00010 –Areas of Consideration. Mark your selections for the Areas for which you want consideration. Representations, Certifications, and Other Statements of Offerors: Include in your proposal only the Representations and Certifications FAR 52.204-8 contained in this solicitation. All other required representations and certifications are to be completed online in “ORCA”. All potential offerors are required to register in the System for Award Management (SAM), , in order to complete the annual Representations and Certifications found at the ORCA website. The ORCA site contains an ORCA Application Handbook and an ORCA Quick Reference Guide.?To access them, simply click on the "Help" link at the top of the ORCA homepage. Ensure your System for Award Management (SAM) information is up-to-date. Complete annual Representations and Certifications on line at if you have not already done so. You are not required to provide a copy of the Representations and Certifications completed in ORCA with your written proposal. Do include any Representations and Certifications and other statements of offerors contained in this solicitation, which are in addition to the annual certifications on ORCA. Pricing Schedule: All offerors, shall provide pricing in accordance with the pricing schedule for the base year and four (4) one (1) year options. Failure to provide a priced schedule is grounds for elimination from consideration/evaluation. Offerors shall provide all price/cost information necessary to provide a meaningful basis for Government's analysis and evaluation of price/cost for the project set forth in Section 00120 of this solicitation. The Government is not and does not intend to request certified cost or pricing data. Offerors may be required, during the evaluation process to provided sufficient price/cost information that will enable the Government to perform an evaluation in accordance with Section 00120. If an offeror proposes an unusually low price, the offeror shall also provide rationale to justify the price. BINDER 2- VOLUME 2, PAST PERFORMANCE INFORMATION. Past Performance includes current on-going (present) performance. Do not include price or pricing information in this section. Failure to provide past performance information may render an offeror’s proposal incomplete and ineligible for award.Offerors shall discuss, using the Performance Relevancy Questionnaire format, Exhibit A, Part 1 their performance for five (5) asbestos abatement projects.Offerors are to provide information to demonstrate a history of performance in asbestos abatement work that is similar in scope, size, and complexity to range identified in Section 00100, 1.3 Contract Duration, Limits and Amounts. Offerors should consider the currency and relevancy of the Past performance information. Current performance may have greater impact than older performance. In determining relevancy to the solicitation requirement, offerors should provide references for projects: which employed similar construction methods; had similar project complexity and scope and were performed in a similar location to those anticipated for the proposed effort.This information shall address relevant contracts held within the last five years. Offerors are strongly cautioned to complete Exhibit A, Parts 1 and 2, in its entirety, in the format provided. Failure to do so may eliminate your proposal from consideration for award. Offerors shall answer each question on the Exhibit A Performance Relevancy Questionnaire in detail. Use as much space as necessary. Offerors should include with their proposal information on problems encountered on the identified contracts and the offeror's correction actions. Include construction awards, customer letters of commendation, etc., with points of contact and telephone numbers. If proposing as a joint venture, a minimum of three (3) of the five (5) contracts referenced shall be for each member of the joint venture. A copy of the executed joint venture agreement must also be included with the proposal. The Joint Venture shall be registered in SAM at the time the proposal is submitted. Provide a list of major subcontractors and/or Teaming Partners to be utilized on this project. (Include those identified in Exhibit A narratives, as applicable.) If a formal teaming arrangement is proposed, a copy of the executed Teaming Agreement shall also be included with the proposal. Each major subcontractor and or Teaming Partner must also complete an Exhibit B, “Subcontractor Information and Consent Form” to be considered. Offerors shall have major subcontractors identify on the Exhibit B three references, owners (if they were the Prime) or other Prime contractors they have worked for. References for subcontractors from the proposing offeror are not acceptable. See Exhibit “B” format for information to be provided. Written references for subcontractors may be included and are encouraged. However, subcontractors do not need to send out Exhibit C questionnaires. The Government reserves the right to request additional reference contact information for subcontractors, as necessary, through the clarification process to complete the evaluations. Such information, if obtained, shall be considered clarifications and not discussions. Past Performance References – REQUIRED – Offerors shall prepare and submit to prior client(s) for all projects listed on your Exhibit A: Past Performance Questionnaire and Exhibit C. Detailed instructions are included in Exhibit C Package. This includes correspondence explaining the requirement to obtain an independent evaluation of prior contract performance and the Past Performance Questionnaire for use in evaluating Past Performance. Completed Performance Questionnaire shall be submitted to the Contracting Office so as to arrive not later than the closing date for receipt of proposal shown on the SF1442. Email is preferred to Karla.Rotondo@. The subject line shall state VA241-16-R-0282. Past Performance for (Name of Company.) NOTE: Offeror or subcontractor must not review the Past Performance Questionnaire prior to submission. They must be submitted from the client/evaluator directly to the Contracting Officer. Offerors should follow-up and encourage references to get the questionnaires to the Contracting Officer in a timely manner. Do not include copies of the letters or questionnaires in the proposal. Offerors lacking relevant Past Performance experience may submit information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement if such information is relevant to this acquisition so as to allow Government evaluators to conduct a Past Performance evaluation on the predecessor companies, key personnel and/or subcontractors. Such information shall, as a minimum, include: Name(s) of Predecessor Company/Subcontractor and/or Key Personnel and include: Complete Address and Point of Contact; Telephone, Fax Number and email address; and a brief synopsis of the experience and relevancy to this project. Other Optional Past Performance Considerations: Offerors are encouraged to include in Volume 2 other relevant information that the Government may take into consideration in the evaluation process. The type of information that should be provided is detailed on Exhibit A Part 2. The information, if provided, shall be limited to the period starting five (5) years prior to the solicitation release date. Offerors are advised that the Government may use all data provided by the offeror in this volume and data obtained from other sources, including, but not limited to, Government–wide databases, rely upon personal business experience with the offeror, in the development of performance confidence assessments. Past Performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references provided by the offeror, as well as any other source it identifies, and information received may be used in the evaluation of the offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current, accurate and complete Past Performance information rests with the offeror. BINDER 2-VOLUME 3, TECHNICAL INFORMATION. Additional requirements for the technical proposal are found in Exhibit E. The Technical proposal shall be prepared in accordance with the instructions and format given in this section and on Exhibit E. Failure to provide a Technical proposal in accordance with Exhibit E and the solicitation may render an offeror’s proposal incomplete and ineligible for award. Offerors are strongly cautioned to follow the format of Exhibit E in preparing their proposals. Include the question before each narrative. This will allow for ease of evaluation. Technical Proposals shall not include price or pricing information. General Instructions: The Technical proposal shall be submitted in accordance with the instruction contained herein and on Exhibit E. In no case shall statements such as “we comply with the requirements of the contract” or its equivalent be acceptable to meet the requirements of this request for proposal. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is orderly and sufficiently documented will enable the Government to easily understand and perform a thorough and fair evaluation. This should preclude the rejection of a proposal due to items not being addressed. The Government acknowledges that this will involve discussion of some of the same projects/contracts discussed in the Past Performance volume. While Past Performance examines how an offeror performed in the past, so as to determine the probability of success on future projects, this sub-factor examines the offeror’s experience with project management and execution and how the offeror demonstrates an understanding of the contract’s requirements taking this experience into consideration. The Government intends to use Exhibit A Part 1 information in the evaluation of experience.In order for the Government to evaluate the offeror’s understanding of the contract requirements, offerors are required to discuss their technical and administrative capabilities in a manner that demonstrates these are adequate to meet contract requirements. The information in Exhibit E will address your capability and experience to perform asbestos abatement project requirements; your organization; key personnel; subcontractors; your ability to schedule; quality control; safety; and infection control. The Exhibit E question narratives and required attachments should include necessary information regarding the offeror’s ability to perform complete project management of asbestos abatement construction projects. Project management includes the full spectrum of activities such as: estimating, proposal preparation, subcontract purchasing and management, work scoping and planning, construction superintendent duties, quality controls, safety and infection controls. Additional clarification of these requirements is to be inferred from information contained in the each question of the Technical proposal, as well as the evaluation factors for award identified in Section 00120. OFFERORS ARE CAUTIONED TO READ SECTIONS 00120 AND 00800 THROUGH 01700 OF THE CONTRACT DOCUMENTS BEFORE COMPLETING EXHIBIT E, AS YOUR ANSWERS MUST MEET THE MINIMUM REQUIREMENTS FOUND IN THESE SECTIONS. Offerors are cautioned to read Section 0800, SC-20, Performance of Work by the Contractor. Resulting task orders will require a minimum of 15% of the work to be self-performed for General Construction. Firms must be capable of self-performing at least the minimum. The contracts resulting from this solicitation are not intended for management firms. Asbestos Abatement for Construction Projects. Construction means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms “buildings, structures, or other real property” include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels.END OF SECTION 00110SECTION 00120 PROPOSAL EVALUATION AND BASIS FOR AWARD GENERAL INFORMATION:GENERAL:This solicitation is for Multiple Award Indefinite Delivery, Indefinite Quantity Task Order Contracts (IDIQ). The Government intends to award contracts to a minimum of eight (8) contracts to qualified offerors deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposals conform to the RFP's requirements and are judged to represent the Best Value to the Government. The Best Value is the most advantageous offer, price and other factors considered, and consistent with the Government's stated importance of evaluation criteria. This may result in award being made to a high-rated, higher-priced offeror where the Contracting Officer determines that the Past Performance and Technical capability of the higher-priced offeror outweighs the cost difference. To arrive at a Best Value decision, the Contracting Officer will integrate the evaluation of Past Performance, Technical, and Price, with Past Performance and Technical, which are of equal weight, but when combined are significantly more important than Price. While the Government and the Contracting Officer will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process. The source selection process will be conducted in accordance with FAR Part 15.3, source selection procedures. Offers will be evaluated using the criteria listed in “Evaluation Factors for Award.” The Contracting Officer will conduct proposal compliance review after closing for determination of basic proposal adequacy prior to providing the proposals to the board. Failure to provide a complete proposal consisting of all Exhibits, (Exhibits A, B, D, E) required in the 3 Volumes and the Pricing may result in the proposal being removed from further consideration for award. Noncompliance with the RFP requirements may raise serious questions regarding an offeror’s technical and/or cost performance and may be grounds to eliminate the proposal from consideration for contract award. Failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A Proposal that is not presented in an orderly format may be considered noncompliant with solicitation instructions, not evaluated, and removed from consideration for award. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.Offerors must ensure that no pricing information is displayed in Binder No. 2 (Volumes 2 and 3, Past Performance and Technical Proposals). Although the assessment of Past Performance as a specific evaluation factor is separate and distinct from the Determination of Responsibility required by FAR Part 9, Past Performance information obtained herein will be used during the Government’s responsibility determination. The Government also reserves the right to obtain additional information solely for the purpose of making a responsibility determination from all offerors after receipt of proposals. Requests for responsibility information do not constitute discussions. ENFORCEABILITY OF PROPOSAL: The proposal must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g., key personnel, subcontractors, plans, etc.) will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval.The offeror shall be held responsible for the validity of all information supplied in his/her proposal, including that provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected.The Government reserves the right to reject any or all proposals at any time prior to award if such action is in the Government's best interest; negotiate with any or all offerors; award a contract to other than the offeror submitting the lowest price(s) or highest technically rated; and award contracts to offerors submitting a proposal determined by the Government to be the most advantageous to the Government. EVALUATION FACTORS AND BASIS FOR AWARD:Evaluation factors consists of Past Performance and Technical considerations, which are of equal weight, but when combined are significantly more important than Price. The evaluation process is as follows:The Government will evaluate and rate an offeror's Past Performance using descriptive adjectives that most accurately define the offeror's performance risk considering each sub-factor identified in this section. Rating will be at the Factor Level. The Government will evaluate and rate an offeror's Technical proposal using a color rating that combines technical merit and proposal risk. Rating will be at the Factor Level.The Government will evaluate the reasonableness of the proposed price from the pricing schedule and will be incorporated in the resulting IDIQ contract(s). PROCESS: The following process will be used to determine the best value for selection of the IDIQ basic contract award. The risk assessment of Past Performance and color rating of Technical will be evaluated in conjunction with the price proposed for future Task Orders. To arrive at a Best Value decision, the Source Selection Authority will integrate the evaluation of Past Performance, Technical, and Price; Past Performance and Technical, when combined, are significantly more important than Price. The firms that represent the best value to the Government will be selected for award of an IDIQ basic contract. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical approach. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals received exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals receiving a complete evaluation to the greatest number that will permit an efficient competition among the most highly rated proposals. In this event, only offerors receiving a Very Low Risk, Low Risk, Average or Neutral Risk rating in Past Performance may be evaluated for Technical and Price. The Government reserves the right to waive informalities and minor irregularities in offers received. If a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process.PAST PERFORMANCE EVALUATION:The Past Performance proposal evaluation will consider such things as an offeror's business practices, customer relationship, and ability to successfully perform as proposed and other considerations considering currency, relevancy, sources, context, and trends. Past Performance includes current on-going (present) performance. The Government will conduct a performance risk assessment based upon the Past Performance of the offeror as it relates to the probability of successful accomplishment of the work required by the solicitation. The Government will rate an offeror's Past Performance at the factor level using descriptive adjectives that most accurately define the offeror's performance risk considering all potential evaluation criteria identified in this section. Relevance will be considered in the overall Past Performance rating. Ratings will consider the offeror's Past Performance considering currency, relevancy, sources, context, and trends. The Past Performance evaluation will include, but is not limited, to the following:Quality- Management and WorkmanshipTimeliness and adherence to schedule Specification complianceOfferor’s business practices Customer relationshipAbility to successfully performSafetyAdequacy of safety programsInfection Control ProgramOverall customer satisfactionTo conduct the performance risk assessment, the Government may use data provided by the offeror, and data obtained from other sources. The Government may but is not limited to: evaluate present and past performance information through the use of questionnaires completed by the offeror's references; use data independently obtained from other Government or commercial sources, including, but not limited to Government databases; rely upon personal business experience with the offeror; and use the information provided in the Offeror’s Past Performance Relevancy Questionnaires (Exhibit A). The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing contracts and trends in performance.The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. If multiple subcontractors are provided for the same discipline, the Government will use the lowest rated subcontractor in the evaluation. Past Performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references and contact parties other than those identified by the offeror and information received may be used in the evaluation of the offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete Past Performance information rests with the offeror. The Government reserves the rights to obtain and evaluate Past Performance information from any source it deems appropriate. An offeror with no Past Performance may receive a rating based on the evaluation of its predecessor companies, key personnel, and/or subcontractors, provided an Exhibit B has been executed and included in the proposal for proposed subcontractors and/or potential key personnel not employed by the contractor. These ratings may have the same weight as the ratings of the proposing company. If such information is not applicable (i.e., the offeror does not have a predecessor company, key personnel or subcontractors with relevant experience), the offeror shall be evaluated as "Neutral”. However, the proposal of an offeror with no relevant Past Performance history, while rated “Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposal of other offerors. Currency, Relevancy, Trends: The Government will consider the currency, relevancy and trends of the performance information while conducting its performance evaluation. Exhibit A’s may be used for this purpose. 3.9.1. For the purpose of this solicitation, currency is performance occurring within the last five years through the solicitation release date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period. For example, performance information for work occurring during 2013 may have greater importance than performance information for work occurring during 2008.In assessing relevancy, the Government may evaluate an offeror's references for similarity of the methods to the scope of this solicitation, scope/type of contracts/projects, cost magnitude of projects as it relates to price, area of consideration requested, client type and location of work performed as it relates to the location(s) of work to be performed under this contract. Performance on managing multiple projects at one time may also be considered. The Government may consider an offeror’s previous contracts in the aggregate in determining relevancy, should the offeror’s present and past performance lend itself to this approach. For example, an offeror’s work experience on three contracts may, by definition, represent only a semi-relevant effort when each contract is considered as a stand-alone effort. However, when these contracts are performed concurrently (in part or in whole) and are assessed in the aggregate, the work may more accurately reflect a relevant effort. The following weighting apply to relevancy considering all the elements listed above;VERY RELEVANT - Past/present performance efforts involve the magnitude of effort and complexities which are essentially what this solicitation requires; RELEVANT - Past/present performance efforts involved less magnitude of effort and/or complexities, including some of what this solicitation requires; SEMI-RELEVANT - Past/present performance efforts involved much less magnitude of effort and/or complexities, including some of what this solicitation requires; NOT RELEVANT - Past/present performance efforts involved none or significantly less magnitude of effort and complexities, of what this solicitation requires. In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's Past Performance information and adverse Past Performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.PAST PERFORMANCE RATINGS: The following ratings and related definitions will be used to define the performance risk.Very Low Risk: Performance met contract requirements and exceeded many to the Government's benefit. Problems, if any, were negligible and were resolved in a timely and highly effective manner. Performance was generally current and very relevant to relevant. Excellent probability of success with overall very low degree of risk in meeting Government's requirements.Low Risk: Performance met contract requirements. Good quality. Minor problems may have been identified however; contractor took satisfactory corrective action to resolve where appropriate. Performance was current and generally relevant. Good probability of success with overall low degree of risk in meeting the government's requirements.Average Risk: Performance met most contract requirements. Adequate quality. Problems may have been identified however; contractor usually took adequate corrective action. Performance was current and generally relevant to semi-relevant. OR Although performance exceeds expectations and was rated excellent to very good the projects submitted were generally semi-relevant to the efforts required by this solicitation. Fair probability of success with an average degree of risk in meeting the government's requirements.Above Average Risk: Performance met some contract requirements. Fair quality. Problems may have been identified however; contractor sometimes took corrective action, but not always to the owner’s satisfaction. Performance was current and generally semi-relevant. Fair probability of success with an overall above average risk in meeting the government’s requirements.High Risk: Performance did not meet some contractual requirements. There were problems, some of a somewhat serious to serious nature. Contractor's corrective action was sometimes marginally effective to ineffective. Performance was current and semi-relevant to not-relevant. Probability of success is questionable with an unacceptably high degree of risk in meeting the government’s requirements.Neutral: No current and/or relevant performance record is identifiable upon which to base a meaningful performance risk prediction. Government personnel were unable to identify any relevant Past Performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment. Unknown. TECHNICAL PROPOSAL EVALUATION The evaluation of each Technical Proposal will evaluate and measure the ability of the offeror to effectively manage asbestos abatement projects, provided in response to the submission requirements specified in Section 00110 and Exhibit E. The Government will determine, based on the information provided, if the offeror has demonstrated the ability to perform complete project management of construction projects for asbestos abatement. The evaluation will be divided into eight (8) subfactors. Subfactor 1 through 7 are of more importance than subfactor 8. An overall rating will be assigned for subfactors one (1) through seven (7). Capability and ExperienceOrganizationQuality Control Specific PersonnelScheduling MethodologySafety Infection ControlVeteran PreferenceCapability and Experience: Using the information on Exhibit E, and the projects/contracts discussed and listed in Exhibit A (Volume 2) the Government will evaluate the quality and extent of related experience, and determine if the offeror has the experience to manage construction projects for asbestos abatement, as applicable, which is comparable to the work requirements of this solicitation. To meet the requirements of the RFP the proposal must demonstrate that the offeror has experience with management of asbestos abatement projects to perform as well as the capability to perform multiple projects at one time. The proposal should discuss questions concerning capability and plans for meeting Government requirements and should address as a minimum, but not limited to, the following:Section 00800 SC-4 Ordering Procedures For Competitive Task Orders, including, but not limited to the emergency response requirements specified in this special contract requirement (SC); and SC-20 Performance of Work by Contractor and/or Limitations on Subcontracting. Proposal demonstrates self-performance capabilities for the project(s). The discussion of the technical and administrative capabilities demonstrates these are adequate to meet contract requirements within the offeror’s chosen area of consideration.The proposal should include a letter from the offeror’s surety company addressing ability to obtain bonding and the limits of bonding capacity. Organization The Government will evaluate the offeror’s answers to Exhibit E questions and attachments concerning overall organization, organizational chart, as well as number of personnel and the duties of proposed technical staff to determine if offeror has the ability to manage projects without significant difficulty. The specific criterion proposed (skill levels, experience, and background) for personnel, if adequate, is an indicator of an acceptable organization. The narrative should adequately address functions, responsibilities and authorities for performing such duties as overall project management, site superintendence, quality and infection control, safety, administration and in-house trade capabilities. The proposal should demonstrate that the quality control staff, with lines of authority, is adequate to meet the contract’s requirements. If applicable, the support and interface with home office or corporate headquarters for such aspects as financial, management and technical support are adequately defined.4.2.3 Quality Control The Government will evaluate the offeror’s answers to Exhibit E questions and attachments concerning proposed quality control activities for compliance with the requirements of the solicitation Section 01451. The proposal’s quality control discussion should adequately detail the offeror’s policy with regard to QC and how the offeror intends to achieve this standard.The Quality Control discussion should provide a detailed explanation of how quality issues are dealt with on various types of projects. (Note: The proposed Quality Control Plan if provided will be evaluated).Specific Personnel - The Government will evaluate the offeror’s answers to Exhibit E questions and attachments concerning proposed personnel for the following functions, as a minimum: Project management, site superintendence, quality control manager, infection control and safety, as well as the list of major subcontractors who will be utilized throughout the life of the contract. A resume or information provided for each proposed personnel should be included and detail background, education, and experience and is indicative of acceptable experience, including certificates/licenses for hazardous materials, respirator fit tests, and confined space, etc. Personnel must meet any applicable experience qualifications included in the special contract requirements or specifications. Letters of intent are provided where required. The proposed subcontractors are verifiable and information provided indicates a good professional relationship. Subcontractors shall have completed Exhibit B in Volume 2, to be considered to meet the requirements for specific personnel in place of the offeror’s own employees.Contractor and Subcontractor Qualifications: The proposal must include the evidence of qualifications identified in the statement of work, paragraph 30 A through I in response to this solicitation.Contractor and Subcontractor Qualifications: Contractor personnel shall meet or exceed the personnel requirements set forth in Section 1.6.1 of the CFM 02 82 11 Traditional Asbestos Abatement specifications. In addition, Contractor personnel should have knowledge of commercial/industrial practices and processes of the asbestos abatement and re-insulating trades; properties and application methods of encapsulants, mastic removers and related materials; application code requirements; methods and practices followed in the maintenance of tools, machinery and equipment for asbestos abatement; occupational safety and health hazards of the asbestos abatement industry and methods to anticipate, recognize, evaluate and eliminate or control those hazards.Submit the following evidence of qualifications in response to this solicitation. Make sure that all references are current and verifiable by providing current phone numbers and documentation.Asbestos Abatement Company: Project experience within the past three (3) years; listing projects first most similar to this project: Project Name; Type of Abatement; Duration; Cost; Reference Name/Phone Number; Final Clearance; Completion DateList of project(s) halted by owner, A/E, IH, regulatory agency in the last three (3) years: Project Name; Reason; Date; Reference Name/Number; ResolutionList asbestos regulatory citations (e.g., OSHA), notices of violations (e.g., Federal and State EPA), penalties, and legal actions taken against the company including and of the company’s officers (including damages paid) in the last three (3) years. Provide copies and all information needed for verification.Submit information on personnel: Provide a resume; address each item completely; copies of certificates, accreditations, and licenses. Submit an affidavit signed by the CPIH/CIH stating that all personnel submitted below have medical records in accordance with OSHA 29 CFR 1926.1101(m) and 29 CFR 1910.20 and that the company has implemented a medical surveillance program and written respiratory protection program, and maintains recordkeeping in accordance with the above regulations. Submit the phone number and doctor/clinic/hospital used for medical evaluations.CPIH/CIH and IH Technician: Name; years of abatement experience; list of projects similar to this one; certificates, licenses, accreditations for proof of AHERA/OSHA specialized asbestos training; professional affiliations; number of workers trained; samples of training materials; samples of Asbestos Hazard Abatement Plans (AHAPs) developed; medical opinion; and current respirator fit petent Person(s)/Supervisor(s): Number; names; social security numbers; years of abatement experience as Competent Person/Supervisor; list of similar projects in size/complexity as Competent Person/Supervisor; as a worker; certificates, licenses, accreditations; proof of AHERA/OSHA specialized asbestos training; maximum number of personnel supervised on a project; medical opinion (asbestos surveillance and respirator use); and current respirator fit test.Workers: Numbers; names; social security numbers; years of abatement experience; certificates, licenses, accreditations; training courses in asbestos abatement and respiratory protection; medical opinion (asbestos surveillance and respirator use); and current respirator fit test.Submit copies of state license for asbestos abatement; copy of insurance policy, including exclusions with a letter from agent stating in plain language the coverage provided and the fact that asbestos abatement activities are covered by the policy; copy of AHAPs incorporating the requirements of this specification; information on who provides your training, how often; who provides medical surveillance, how often; who performs and how is personal air monitoring of abatement workers conducted; a list of references of independent laboratories/IH's familiar with your air monitoring and standard operating procedures; and copies of monitoring results of the five referenced projects listed and analytical method(s) used.Submit, before the start of work, the manufacturer's technical data for all types of encapsulants, all MSDS/SDS and application instructions.Scheduling methodologyThe Government will evaluate the offeror’s answers to Exhibit E questions and attachments concerning scheduling methodology to determine if they have scheduling processes that ensure completion and control of the project from beginning to the end of the project. The proposal should demonstrate an understanding of the limitations of a schedule as well as an understanding that an appropriate schedule will result in successful completion of projects. Safety Activities 4.2.6.1 The Government will evaluate the offeror’s answers to Exhibit E questions, Exhibit D, and attachments concerning proposed safety program, including, but not limited to:4.2.6.1.1Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to submit and comply with an effective construction safety plan that meets the requirements of the Construction Safety incorporated in the solicitation. The offeror should develop a proposed plan in response to this evaluation factor. Additionally the proposal should include documentation regarding the successful training of personnel in accordance with OSHA requirements (i.e., 30-hour, 10-hour completed OSHA training, confined space, Haz-Mat.) The narrative demonstrates familiarity with and/or plans to adhere to OSHA requirements and other safety requirements incorporated in the solicitation. Additionally, the proposal should contain relevant information regarding any safety accidents or violations and corrective action taken or demonstrates no documented violations. Offeror shall demonstrate that the company has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past three years and has an Experience Modification Rate (EMR) of equal to or less than 1.0. Training and other related documentation is provided for key personnel proposed to work on this project. Offeror shall complete the attached Pre-Award Contractor Evaluation Form for Safety and submit it with your narrative response to this sub-factor. Offerors shall provide proof of licenses for asbestos abatement in the areas of consideration of interest. Infection ControlThe Government will evaluate the offeror’s answers to Exhibit E questions and attachments concerning proposed infection control program, including, but not limited to:The proposal demonstrates the ability to comply with the requirements of The SOP 138-02 Safety & Health During Construction Operations Infection Control Manual of the VA Medical Centers located in VISN 1.The proposal addresses, at a minimum, supervision, employee responsibilities, work practices, training, materials and equipment, and risk assessment methods.Veteran PreferencePrime Contractor is Verified in Vet Biz as SDVOSB and VOSB. In order to receive full credit as an SDVOSB or VOSB, the offeror shall have an active verification in Vet Biz in accordance with IL049-06-1.Prime Contractor is neither an SDVOSB nor VOSB, but has proposed to use a Verified SDVOSB and/or VOSB as subcontractors. In order to receive partial credit as an SDVOSB or VOSB, the subcontractor shall have an active verification in Vet Biz in accordance with IL049-06-1.Prime Contractor is neither an SDVOSB nor VOSB and does not propose to use any Verified SDVOSB or VOSBs as subcontractors will not receive credit in accordance with IL049-06-1.TECHNICAL EVALUATION FACTOR RATINGS:The Government will rate an offeror's Technical proposal, at the factor level, using a color rating that combines technical merit and proposal risk that most accurately defines the offeror's performance risk considering all subfactors identified in this section and the areas of consideration chosen by the offeror in section 00010. Color Rating Evaluation CriteriaBlueProposal meets solicitation requirements, demonstrates an excellent understanding of the requirements and has salient features that offer significant advantage to the Government. Excellent in all respects. Advantages/strengths not offset by disadvantages/weaknesses. Very good probability of success with overall very low degree of risk in meeting Government requirements. GreenProposal meets most solicitation requirements and demonstrates an adequate understanding of the requirements but does not offer significant advantages to the Government over basic RFP requirements. Disadvantages/weaknesses are not significant, unless significant advantages are proposed that outweigh significant disadvantages. Where there were areas of concern, clarifications, given by contractor, were acceptable. Good probability of success with overall low degree of risk in meeting the Government requirements. YellowProposal meets some but not all the RFP requirements, but offers disadvantages (weaknesses) outweighing other advantages (strengths). Examples may include little or no experience cited; weak proposal; mimics RFP language rather than expressing offeror’s approach or understanding of the RFP. Probability of success considered less than full confidence (moderate risk). PinkProposal meets some but not all the RFP requirements. Examples: Proposal does not address all required RFP criteria; little or no experience to the extent that Overall quality cannot be determined because of errors, omissions or deficiencies that may be capable of being corrected without a major rewrite or revision of proposal. Probability of success is questionable without further explanation by offeror. (Unacceptable risk) Unawardable without discussion and proposal revision. RedProposal demonstrates little to no understanding of the requirements; or approach fails to adequately meet acceptable performance expectations. Proposal contains major errors; omissions or deficiencies and these conditions cannot be corrected without a major rewrite or resubmission. There is an unacceptably high degree of risk in meeting the Government's requirements. Unawardable as proposed.PRICE EVALUATION - The purpose of the Price evaluation is to provide an assessment of the reasonableness of the proposed price in relation to the solicitation requirements. Proposals will be evaluated in the following manner.The Government evaluation team will conduct a Price evaluation of each offeror's Seed Price proposal to determine whether or not each proposal complies with the stated criteria: "Reasonableness". If the proposed price is determined to be reasonable a REASONABLE rating will be given, if found to be unreasonable, an UNREASONABLE rating will be assigned to the Price evaluation factor. If multiple seed projects are priced, each project will be assigned an individual rating. The Contracting Officer reserves the right to award a MATOC IDIQ contract to an offeror with an unreasonable price rating if found to be in the best interest of the Government. Those proposals evaluated as not satisfying all of the price criteria may be eliminated from consideration for award unless the Contracting Officer determines:A minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process orThe Contracting Officer determines discussions are required.Reasonableness of an offeror's proposal is evaluated through price analysis techniques as described in FAR Subpart 15.305(a) (1) and (4). For Price to be reasonable, it must represent a Price that provides best value to the Government when consideration is given to prices in the market, (market conditions may be evidenced by other competitive proposals), technical and functional capabilities of the offeror. The Price must reflect what it would cost the offeror to perform the effort if the offeror operates with reasonable economy and efficiency. Proposals unreasonably high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion. Any inconsistency, whether real or apparent, between proposed performance and price must be clearly explained in the Price proposal. For example, if unique and innovative approaches or conditions are the basis for an unbalanced and/or inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. Discounts: Prompt payment discounts will not be considered in the evaluation of offers. However, any offered discount will form part of the award and resulting task orders. Discounts will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded task orders may include prompt payment discounts on individual invoices.CONTRACT AWARD The Government reserves the right to award an IDIQ to an offeror at lesser than requested in “Areas of Consideration.” If deemed in the best interest of the Government.AWARD a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall be deemed to result in a binding contract without further action by either party.DEBRIEFINGS:Offerors excluded from the competitive range, should one be established or otherwise excluded from the competition before award may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.505. Written requests for debriefing will not be accepted by facsimile or email. Submitted means delivered to the Contracting Officer at the location indicated on the SF 1442 for receipt of proposals. Ensure you direct your request to the correct contracting office.After award, unsuccessful offerors may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.506. SEED PROJECT: The seed project(s) of this solicitation may be awarded, within the acceptance period specified in this solicitation as a task order(s) against the awarded IDIQ contract, at the sole discretion of the Contracting Officer, and subject to availability of funds without further discussion. In the event the Government elects to award seed project(s), award of the seed project(s) will be made to the contractor awarded an IDIQ who provides the lowest reasonable price. In the event more than one seed proposal is included in the solicitation and an offeror is low on more than one project then the Government reserves the right to award the offeror only the project with the highest value and to award the other(s) to offeror(s) with next lowest price(s).In the event the Government does not award a seed project(s) pursuant to this solicitation within 90 calendar days after receipt of proposals and an award will be made without discussions, the following will apply: “The Government reserves the right to allow offerors to make an adjustment in their price proposals to allow pricing adjustments caused by fluctuating construction material market conditions. The Contracting Officer will notify Offerors, normally by electronic mail (email) of a common closing date for receipt of the adjusted price proposals. No additional proposal revisions will be allowed under these conditions. This does not constitute and shall not be construed as discussions, or the Government may reissue the project for pricing after award of the basic contracts.DEBRIEFINGS:Offerors excluded from the competitive range, should one be established or otherwise excluded from the competition before award may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.505. Written requests for debriefing will not be accepted by facsimile or email. Submitted means delivered to the Contracting Officer at the location indicated on the SF 1442 for receipt of proposals. Ensure you direct your request to the correct contracting office.After award, unsuccessful offerors may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.506. Written requests for debriefing will not be accepted by facsimile or email. Submitted means delivered to the Contracting Officer at the location indicated on the SF 1442 for receipt of proposals. Ensure you direct your request to the correct contracting office.END OF SECTION 00120SECTION 00800 SPECIAL IDIQ CONTRACT REQUIREMENTSPURPOSE AND SCOPEThe purpose of this Multiple-Award Task Order Contract (IDIQ) is to provide construction for asbestos abatement projects, primarily in support of the Veterans Affairs Medical Center (VAMC) and Facilities in the State of Rhode Island, Massachusetts, Maine, New Hampshire, Connecticut, and Vermont. As requirements develop, Requests for Pricing (RFP) for Task Orders will be issued on a competitive or single source basis, at the Government's discretion. Task Orders will vary in size from $2,000 to $600,000 and will be awarded and issued by the individual task orders awarded and administered by duly appointed federal contracting officers. Upon award of the basic contract the contractor will be issued an initial task order for $2,000.00. Upon receipt of this order contractors shall submit their required Safety and Occupational Health written programs, Emergency Action Plan (per 29 CFR 1910.38 (a);(b)), Fall Protection Plan, and Quality Assurance Plans to the Contracting Officer within 30 days. (See Section 00800 and 01000 for plan requirements.) Plans submitted with an offeror’s proposal are not considered as meeting this requirement. Upon notification that the submitted plans are deemed acceptable the contractor shall invoice for the initial order. In the event a contractor fails to submit the required plan(s) within 60 days of the order the Government reserves the right to terminate the IDIQ Contract at no cost to the Government. The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract. In this event, new IDIQ contractors, in accordance with the terms of their contracts, may compete for Task Orders with the Contractors selected under this solicitation. PERIOD OF SERVICEBasic and Option Periods: Each contract will include a base period; not-to exceed (NTE) one (1) year and four (4) option periods (NTE one (1) year each), for a total contract performance period NTE five years. Maximum value of all projects awarded under the IDIQs will be limited to $3Million in Task Orders per contract. TASK ORDER LIMITATIONS (Reference FAR 52.216-19) Minimum Order. When the Government requires services covered by this contract in an amount less than $2000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those services under the contract. The minimum guaranteed task order amount for the entire contract period is $2,000.00 per IDIQ contract awarded and will be issued at time of the basic contract award, upon receipt and acceptance of the IDIQ contract by the contractors required Safety and Occupational Health written programs, Emergency Action Plan (per 29 CFR 1910.38 (a);(b)), and Quality Assurance Plans. Maximum Order. The maximum Task Order limitation is $600,000 excluding subsequent in-scope modifications. The Government may combine several projects, as indicated by separate Statements of Work and individual line items, in one Task Order, as required. The Contractor is not obligated to honor:(a)Any order for a single Task Order less than $2,000;(b)Any order for a single Task Order in excess of the limit authorized ($600,000);(c)A series of orders from the same ordering office totaling more than $3 million. The Government at its option may in a rare case include projects exceeding $600,000. However, contractors will not be obligated to compete nor required to accept such task orders under the general terms of the contract.This is not a requirements contract. ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERSRequests for Pricing (RFP)When the Government requires work under the IDIQ, a Request for Pricing (RFP) will be issued, as appropriate, through the Vendor Portal in the form of a “REQUEST FOR PRICING”. Projects will be of varying size and complexity. The request will include information such as a statement of work, guide specifications, drawings, attachments, information pertaining to a site visit and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Projects may include, but are not limited to, complete plans and specifications for all elements of work or limited specifications. When complete plans and specifications are not provided, the Master Specifications will apply for elements of work not addressed by a project specific specification.The basis of award in accordance with FAR 16.505(b) will be a conforming offer, the price or cost of which may or may not be the lowest. Past performance on work completed under these contracts, or work completed for the Veterans Affairs under any contract may be considered. In rare instances technical factors may be considered. The basis for award of each task order will be stated in the RFP. HUBZone preference does not apply.When necessary option line items will be included in the Task Order RFP. The task order pricing process is not an Invitation for Bid (IFB). Therefore, additive bid items (ABI) are not applicable to this process. However, work defined in the options of the task order RFP is normally similar to ABIs common in the IFB process. Response to “REQUEST FOR PRICING “Upon receipt of the notification from the Contracting Officer, the IDIQ contractors should respond by attending the project site visit. The site visit is normally scheduled within two days from issuance of the “REQUEST FOR PRICING”, or 2 hours under emergency conditions. Notification will be by vendor portal at . IDIQ contractors shall keep an up-to-date SAM Registration in order to keep their vendor portal access current throughout the last option period of the IDIQ. Task Order CompetitionA wide variety of projects, determined by the contracting officer to be within the scope of this contract, will be offered to IDIQ contractors for the purpose of providing a price, lowest price technically acceptable, or best value proposal. Individual Task Order awards on those projects will be based on competitive proposals received exclusively from IDIQ contractors.All eligible IDIQ contractors, within their awarded Areas of Consideration, will be provided a fair opportunity to compete for each project offered under this contract 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 contractor 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;The task order 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 pursuant to the procedures in this clause to be considered for the original order; orThe Contracting Officer may consider such factors that the Contracting Officer, in the exercise of sound business judgment, believes are relevant to the placement of orders. Timely performance by an IDIQ contractor is very important. Failure to prosecute the work diligently, on a currently awarded task order, will be considered as past performance and used as part of the responsibility determination required for each task order in accordance with FAR 16.505(b)(v)(A)(1). Response to “REQUEST FOR PRICING” IDIQ contractors are expected to submit an offer on all projects. In the event a contractor is unable to submit an offer in response to a “REQUEST FOR PRICING”, hereafter referred to as RFP, the Contractor shall notify the Contracting Officer electronically via vendor portal or e-mail. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-Task Order costs. Site Visits Offeror’s attendance at walk-through (site visits) is considered vital to preparation of competitive and cost-effective offers and to understanding the total results desired by the Government, therefore it is highly recommended that potential offerors attend all site visits for task order solicitations. Site visit information will be stated in the RFP. Failure to attend walk-through may not be used as an excuse for omission or miscalculation in offers. Due to security conditions, all offerors must register to attend any of these site visits. Email the following information for all attendees to the Contract Specialist identified on the task order solicitation. Firm Name and Telephone Number, Visitor’s Name, Vehicle Make, Model and Registration This information must be provided in advance, not later than 1 business days prior to the site visit, in order to ensure access to the Hospital Facility. Even if you have access to the Hospital you must register. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the site visits. Temporary badges may be required for project site visits. Information provided at this site visit shall not alter the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.Proposal Contents. The basis of award of each task order will be stated in the RFP. Depending upon the requirements of each Task Order, the Contractor will typically provide a price proposal in response to an RFP. Contractors shall respond within the number of calendar days stated in the RFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP.Proposal Pricing Schedules. The Government's payment for the items listed in the Pricing Schedules of individual Task Orders will constitute full compensation to the Contractor for-- (1) Furnishing all plant, labor, equipment, services, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings, specifications, and/or statement of work. The contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.Deviations and Alternate Proposals. Offerors shall specifically identify all deviations from the minimum RFP requirements in a cover letter in a section entitled "Alternate Proposal” or “Deviations." This requirement applies for all proposal revisions and Final Proposal Revisions. Proposed alternates/deviations shall specifically address in detail the alternate and rationale for proposing. Alternate solutions and deviations shall include separate pricing information. If an alternate/deviation is proposed, the work as specified in the solicitation must also be priced. The non-cost factors and price factors will vary depending on the unique requirements for each Task Order. In addition to price the RFP may indicate in the offering other factors (Past Performance and Technical considerations) that will be considered in the evaluation of offers. Past Performance, within a five (5) year period, on previously awarded Task Orders under the IDIQ or work on any awards completed for the Veteran Affairs may be considered. Past performance will be evaluated in terms of quality, timeliness, management effectiveness or other factors that the Contracting Officer determines to be relevant to award on a particular Task Order. In rare instances technical factors may be considered. Task Order Evaluation Method and Placement ProceduresThe Government intends to select the most advantageous, responsive, and responsible proposal, price and other factors considered. Each RFP will describe the criteria to be utilized in evaluating Task Order Pricing in accordance with FAR 16.505(b). Placement procedures for all task orders include consideration of the following:Contractor Responsibility;Past performance on earlier orders under the contract, including quality, timeliness and cost control;Potential impact on ongoing performance of other orders placement with the contractor;Minimum order requirements.Discrepancies in the Evaluation of Offers Submitted in Response to RFPs for Individual Task OrdersFor the purpose of initial evaluations of offers proposed for individual Task Orders, the following will be utilized in resolving mathematical discrepancies found on the face of pricing schedule as submitted by the Offeror: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected.For purposes of price evaluation, the Government will proceed on the assumption that the Offeror intends the proposed price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.These correction procedures shall not be used to resolve any ambiguity concerning which price is low.Evaluation of Option Reference (FAR 52.217-5). Evaluation of options will not obligate the Government to exercise the option(s). Award Decision Whenever possible, award will be made without discussions. If discussions are required, each IDIQ contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Task Order award will be made based on lowest price; lowest price technically acceptable (LPTA), or best value to the Government in accordance with the criteria described in the RFP. When price is the only factor considered, award will be based on the lowest reasonable price received. Proposals unreasonably high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion.The award will be a firm fixed-priced Task Order with a specific completion date or performance period. Consideration in order completion will be made when specifying these days. Options when exercised shall not extend the original performance period of the Task Order. Task Order IssuanceTask Orders will be issued on an Optional Form 347. Task Orders will normally be placed through the vendor portal however in an emergency; orders may be placed via mail, telephone, facsimile or electronic means. The appropriate issuing, administration and payment offices will be cited on each Task Order.Plans and Specifications. The Contractor will be provided an electronic copy of the Statement of Work (with pertinent supplemental specifications and construction drawings as applicable) upon issue of each Task Order. All further reproduction shall be at the Contractor's expense. The Government may provide these as electronic media, such as vendor portal web postings, e-mail or CD ROM, at its option.Notice to Proceed (NTP) will be issued separately after receipt of acceptable performance and payment bonds for construction task orders. ORDERING PROCEDURES FOR SOLE SOURCE ORDERSIn the event it becomes necessary to negotiate with one firm on a sole-source basis the following procedures will be used:Circumstances Permitting Sole Source Orders. All IDIQ Contractors will be given a fair opportunity to submit a proposal on projects unless the Contracting Officer determines:An urgent need exists and seeking competition would result in unacceptable delay; orOnly one Contractor is capable at the level of quality required because the requirement is unique or highly specialized; orA sole source is in the interest of economy and efficiency as a logical follow-on to an order already competed. Requirement for Cost and Pricing Data (10 U.S.C. 2306a and 41 U.S.C 254b) (Sole Source Task Orders) Unless an exception applies, or a waiver has been granted, cost or pricing data is required at the threshold contained in FAR 15.403-4 (currently $700K). When required the contractor shall submit to the contracting officer the following in support of any proposal:Cost or pricing data in the format designated by the Contracting Officer.Require any subcontractor or prospective subcontractor to submit to the prime contractor or appropriate subcontractor tier cost or pricing data in the format designated by the Contracting Officer.ORDERING (REFERENCE FAR 52.216-18) Any services to be furnished under this contract will be ordered by issuance of Task Orders by the individuals or activities designated in this contract. Any Federal Contracting Officer, at the locations specified in the solicitation, or as approved in writing by the issuing office Contracting Officer, is authorized to issue orders under the IDIQ contracts within the individual’s warrant levels. Orders may be issued from date of contract award until the last day of the basic contract period and any options exercised. The total term of the contract, including options, may not exceed five years. The Government reserves the right to unilaterally modify the contract to incorporate any future statutory changes. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the more stringent will apply. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards.Protests. In accordance with FAR 16.505(a) (9), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for (A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract.; or (B) A protest of an order valued in excess of $3 million. Protests of orders in excess of $3 million may only be filed with the General Accountability Office, in accordance with the procedures at 33.104(ii). (10 U.S.C. 2304a(d) and 2304c(d), and 41 U.S.C. 253h(d) and 253j(d)).Ombudsman. In accordance with FAR 16.505(b)(6), if the Contractor believes it was not afforded a fair opportunity to be considered for a particular Task Order, the Contractor may submit a complaint to the VA Ombudsman, who is the Associate Deputy Assistant Secretary for Acquisitions. To obtain the name and contact information of the current Associate Deputy Assistant Secretary for Acquisitions, contact the Office of Acquisitions, (049A), VA Central Office, 810 Vermont Avenue, NW, Washington, DC 20420.OPTION FOR INCREASED QUANTITY ON TASK ORDERSThe Government may elect to make certain tasks option items, as described in RFP. In this case, the Government may increase the quantity of work awarded on individual Task Orders by unilaterally exercising Option Item(s) within the period specified in the Task Order.In the event the option is not exercised within the time period specified in the task order award the parties may agree (Bilateral 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 deposits written notification to the Contractor in the VA Vendor Portal, mail, provided by facsimile, or electronic mail.PROPOSED KEY PERSONNEL AND PROPOSED MINIMUM QUALIFICATIONS OF KEY PERSONNEL AND PROPOSED SUBCONTRACTORS. Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, and subcontractors will be incorporated into the contract resulting from this solicitation and shall be limited to individuals, qualifications, and firms that were specifically identified in the proposal and/or agreed to during discussions, if held. The Contractor shall obtain the Contracting Officer's written consent before making any substitutions. GENERAL WAGE DECISIONS.Applicable Davis-Bacon wage rates will be identified for all Task Orders issued under this contract current as of the time of award of the task order. Wage Determinations may be found at: EVALUATION OF CONTRACTOR PERFORMANCEIn accordance with FAR 36.201(a) (1) (i), the Contractor's performance will be evaluated upon completion of each Task Order. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. Contractors will be sent an email notice to review and comment, if appropriate, on the performance evaluations. A contractor point of contact (POC), to receive notification of performance evaluations, shall be identified at time of award of the basic contract. The POC must maintain a current email address on file with the Contracting Officer. In lieu of a contract POC, contractors may provide task order specific individuals to receive this information. Contracting Officers will be notified at the task order pre-construction meeting of any changes.ORDER OF PRECEDENCE (REFERENCE FAR 52.236-21)IDIQ Basic Contract. Any inconsistency in this solicitation or contract will be resolved by giving precedence in the following order:Representations and other instructions,Contract clauses,Other documents, exhibits, and attachments, The specificationsThe drawingsThe IDIQ basic contract includes the standard contract clauses and the individual Task Orders include added specifics and schedules current at the time of Task Order award. The Task Order award consists of:The solicitation in its entirety, including all drawings, cuts, and illustrations and any amendments, andThe successful offeror's accepted proposal. The Task Order constitutes and defines the negotiated agreement between the Contractor and the Government. No documentation will be omitted which in any way bears upon the terms of that agreement.In the event of conflict or inconsistency between any of the provisions of a Task Order, including the Request for Proposal, Contractor's proposal, or Task Order deliverable, precedence will be given in the following order:Betterments: Any portions of the accepted proposal, or any subsequent design or other submittal, which both conform to and exceed the provisions of the Request for Proposal. "Betterment" is defined as any product, component, or system, which exceeds the minimum requirements stated in the Request for Proposal.The provisions of the solicitation: (See also Contract Clause: SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION) (See FAR 52.236-21)Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the Task Order and must conform to or exceed all provisions of the Task Order, in order of precedence herein.VALUE ENGINEERING CHANGE PROPOSALSAll Value Engineering Change Proposals (VECP’s) shall be submitted in accordance with the requirements of FAR 52.248-3, Value Engineering – Construction. All VECP’s shall be submitted in three (3) copies. WORK BY THE GOVERNMENTThe Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.BID BONDSUnless otherwise stated in the Notice of Proposed Task Order Request for Proposal, Bid Bonds are not required.PERFORMANCE AND PAYMENT BONDS AND ALTERNATIVE PAYMENT PROTECTIONS FOR CONSTRUCTION CONTRACTS Performance and payment bonds shall be required, and the penal sum established, by each Task Order.Payment Bond: (a) If an individual Task Order is priced at $30,000 or greater, penal sum shall be one-hundred percent (100%) of order price.Performance Bond: The penal sum of each Performance Bond shall equal one hundred percent (100%) of the price of each Task Order exceeding $150,000 placed hereunder.Bonds and other payment protections shall be provided within 10 calendar days of award of a Task Order. Notice to Proceed will not be issued until the Contractor provides sufficient bonding to cover the work being performed.INSURANCE - WORK ON A GOVERNMENT INSTALLATION (REFERENCE FAR 52.228-5) Reference Contract Clause titled, “Insurance -Work on a Government Installation (FAR 52.228-5). Kinds and minimum amounts are as follows:KIND AMOUNTS (FAR 28.307-2)Workmen’s Compensation $100,000 Comprehensive General Liability $500,000 per occurrence for bodily injuryComprehensive Automobile Liability$200,000 per person and $500,000 per accidentfor bodily injury and $20,000 for propertydamage(If applicable)$200,000 per person and $500,000 per occurrence Aircraft Public and Passengerfor bodily injury, other than passengerLiabilityliability and $200,000 per occurrence forproperty damage; coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.Except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. The Contractor shall ensure the transporter and disposal facility have liability insurance if effect for claims arising out of the death or bodily injury and property damage from hazardous material/waste transport, treatment, storage and disposal, including vehicle liability and legal defense costs in the amount of $1,000,000 as evidenced by a certificate of insurance for General, Automobile, and Environmental Liability Coverage. Proof of this insurance shall be provided to the Contracting Officer.NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained. The policies referenced in the certification (s) shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of proofs of required insurance, and shall make copies available to the Contracting Officer upon request. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.PERFORMANCE OF WORK BY THE CONTRACTOR (Public Law 109-461)The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15% (General Construction) of the total amount of work to be performed under the task order, or as specified in the task order proposal offering. Management of the project is not included in the mandated percentages.PHYSICAL DATA (REFERENCE FAR 52.236-4) Data and information furnished within a Task Order or referred to below is for the Contractor's information. The Government will not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. Physical Conditions: The indications of physical conditions on the drawings and in the specifications within a Task Order are the result of site investigations by test holes shown on the drawings.Weather Conditions: Each offeror shall be satisfied before submitting his/her offer as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any National Weather Service Office.Transportation Facilities: Each offeror, before submitting his/her offer, shall make an investigation of the conditions of existing public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation, ingress and egress at the job site. The unavailability of transportation facilities or limitations thereon shall not become a basis for claims for damages or extension of time for completion of the work.Right-of-Way: The right-of-way for the work covered by these specifications will be furnished by the Government, except that the Contractor shall provide right-of-way for ingress and egress across private property where necessary to gain access to the job site. The contractor may use such portions of the land within the right-of-way not otherwise occupied as may be designated by the Contracting Officer. The Contractor shall, without expense to the Government, and at any time during the progress of the work when space is needed within the right-of-way for any other purposes, promptly vacate and clean up any part of the grounds that have been allotted to, or have been in use by, him when directed to do so by the Contracting Officer. The Contractor shall keep the buildings and grounds in use by him at the site of the work in an orderly and sanitary condition. Should the contractor require additional working space or lands for material yards, job offices, or other purposes, they shall obtain such additional lands or easements at their expense.TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER Unless specified otherwise in a task order, this paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension under this clause, 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 contractor’s 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 performance, 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 contractor’s 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 Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a bilateral modification.EPA ENERGY STARThe Government requires that certain equipment be Energy Star compliant. Initially, the sole Energy Star requirement shall be the self-certification by the offeror that the specified equipment is Energy Star compliant. Within 3 months of the availability of an EPA sanctioned test for Energy Star compliance, the Contractor shall submit all equipment upgrades and additions for testing and provide proof of compliance to the Government upon completion of testing. Testing shall be at the Contractor's expense.TELEPHONE COMMUNICATIONS SECURITY MONITORINGAll communications with federal organizations are subject to communications security review.? Contractor employees shall be aware telephone communications networks are continually subject to review and monitoring of telephone calls originating from, or terminating at, federal organizations.?Therefore, the contractor is advised that any time they place/receive a call they are subject to communications security procedures.?The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees.? The contractor shall be aware of and abide by all Government regulations concerning the authorized use of the Government's computer network; including the restriction against using the network to recruit Government personnel or advertise job openings.SECURITY REQUIREMENTSThe contractor shall comply with all security regulations imposed by the Installation Director, 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. It is expected that new security requirements to satisfy contractor personnel identification requirements in Homeland Security Presidential Directive (HSPD-12), ''Policy for a Common Identification Standard for Federal Employees and Contractors,'' and Federal Information Processing Standards Publication (FIPS PUB) Number 201, ''Personal Identity Verification (PIV) of Federal Employees and Contractors” will be enacted during the life of this contract. Contractor shall comply with all requirements, at no additional cost to the Government. The contractor shall ensure that all parts of the facility where work is being performed are adequately protected against vandalism and theft.In accordance with VA Handbook 6500.6 Appendix , the C&A requirements do not apply and a Security Accreditation Package is not required.The following Personal Identification Verification (PIV) of Contractors is applicable to this contract for prime contractor employees as well as all subcontractor employees:Unsupervised, full-time, logical and/or physical access for more than six months OR more than 180 aggregate days in a one year period – PIV Card. ID Requirements for a PIV: Two IDs compliant with PIV Guidelines. Background Investigation (BI) Requirements: Favorable Special Agreement Check (SAC) adjudication and an initiated National Agency Check with Written Inquiries (NACI).Unsupervised, logical and/or physical access for less than six months OR less than 180 aggregate days in a one year period – Non-PIV Card. ID Requirements for Non-PIV card: Two IDs complaint with PIV Guidelines. BI Requirement: Favorable SAC mon physical access ONLY for less than six months OR less than 180 aggregate days in a one year period – Flash Badge. ID Requirements for a Flash Badge: Two IDs complaint with PIV Guidelines. BI Requirements: None.The Contracting Officer has determined that all three of the above requirements will be required for this contract at different intervals depending on Task Order Awards.Background Investigations and Special Agreement Checks (Tailored) – All contractor employees are subject to the same level of investigation as VA employees who have unsupervised access, full-time, logical and/or physical access to Federal Facilities. The level of background investigation commensurate with the level of access needed to perform the statement of work is a NACI for PIV Card requirements and a SAC for non-PIV Card requirements. Flash badges do not require a BI. These requirements also apply to all subcontractor personnel working under the contract.The contractor shall bear the expense of obtaining the BIs. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.AVAILABILITY OF FUNDS (REFERENCE FAR 52.232-18) The Government may request proposals for Task Orders for which funding is not currently available for the award. If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If funds for a project become available after the expiration of the proposal acceptance period, the Government may request an extension of the contractor’s proposal acceptance period without further competition for the project or re-solicit the project at its option. If the proposal acceptance period is not extended by the contractor the project may be re-solicited.ADMINISTRATIVE MATTERSThe contracting offices of the Dept of Veterans Affairs, Network Contract Office 1 for all VISN 1 Contracts are the offices having administrative jurisdiction over this contract for all matters. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site will be provided at the post award conference and pre-construction conference for task orders. Only the Contracting Officers executing these contracts and the Successor Contracting Officers has the authority to modify the term and conditions of the Basic contracts.All correspondence shall be addressed to the task order Contracting Officer, a copy of all correspondence shall be furnished to the contracting officer representative. Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, task order number, and shall have only one subject.The Contracting Officer will appoint a qualified Contracting Officer’s Representative (COR) for the purposes of technically administering the task order(s); however, all matters concerning this contract or resulting task orders, or any additional work ordered placed against a resulting task order must first be approved by the Contracting Officer. This in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract or resulting task orders.PAPERLESS CONTRACTING: The Department of Veterans Affairs is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, Proposed Task Order Requests for Proposals, to include specifications and drawings may be issued using electronic methods, i.e., VA Vendor Portal, the internet, email, etc. In addition, task order distribution and correspondence will also be issued electronically using VA Vendor Portal, email, internet or other electronic methods. Contractors shall have and maintain capability to receive documents in this manner.It is anticipated that within the life of this contract other electronic processes will be enacted. These include, but are not limited to, electronic offers, and electronic invoicing. When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government. Failure to accommodate new processes may be cause for termination or non-consideration for future work.INVOICES, INVOICING AND PaymentProperly prepared invoices, on designated invoices forms provided at the pre-construction meeting or AIAG702 or similar, bearing the task order award number and the obligation number for each task order award, will be submitted to the Contracting Office designated in the task order award. Submission of a pencil requisition is encouraged as this will allow for review prior to submitting a formal invoice. During the performance period of this contract electronic invoicing is required. Payment will be made by paying office specified in the task order in accordance with the clauses Payments under Fixed-Price Construction Contracts, FAR 52.232-5, and Prompt Payment for Construction Contracts, FAR 52.232-27.All payments shall be made by electronic transfer of funds (EFT). The Government will make payment through FMS-VA, Austin, Texas upon satisfactory completion of work AND receipt of a proper certification for payment. Payment may be withheld unless all contractual requirements including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW DAVIS BACON REQUIREMENTS have been timely received. All requests for payments must include a Subcontractor Payment Register pursuant to FAR 52.232-5 and a contractor’s certification that reads as follows:I hereby certify, to the best of my knowledge and belief that –The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; Payments to subcontractors and suppliers have been made for previous payments received under this task order, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and requirements of Chapter 39 of Title 31, United States Code; and this request for progress payments does not include any amounts, which the prime contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract. Final invoice shall not be submitted until Government acceptance of the completed project has been made in writing. Final invoice shall be submitted along with a Release of Claims.Content of Invoice. Requests for payment in accordance with terms of the contract shall consist of (1) The Contractor’s invoice showing, in summary form, the basis for arriving at the amount of the invoice; (2) The contract performance statement which shall show, in detail, the estimated cost, percentage of completion, and value of completed performance; and (3) Updated progress and equipment delivery schedules.Payments to the Contractor. Payments shall be subject to reduction for overpayments or increase for underpayments on preceding payments to the Contractor. Basis for the Contracting Officer’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 Contractor’s estimates of work submitted for the Contracting Officer’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. Obligation of Government Payments. The obligation on the Government to make payments required under the provisions of this contract will, at the discretion of the Contracting Officer, be subject to the following: (1) Reasonable deductions due to defects in material or workmanship; (2) Claims which the Government may have against the Contractor under or in connection with the contract; (3) Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and (4) Receipt of payroll data (to include prime and subcontractors) covering the period of performance of the invoiced amounts.Payment of Bonds: A paid invoice is required before payment of bonds can be made. Contractor will list Bonds as a separate item on progress report and/or Schedule of Values.Electronic Invoicing. The Government reserves the right to modify, at no cost to the Government, any of the procedures outlined in this special contract requirement to accommodate electronic invoicing procedures.REGULATIONSThe contractor shall comply with all applicable Federal, State, Local and Department of Veterans Affairs regulations pertaining to safety, environment protections, traffic control and fire prevention. The contractor may use the Engineering library, which contains most applicable Department of Veterans Affairs publications as well as some commercial project data information, or the Department of Veterans Affairs Acquisition Policy website, , 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, FACILITY REGULATIONS: The Contractor, his/her employees, and subcontractors shall become familiar with and obey the regulations of the facilities, including fire, environmental, 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’s 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.The Government is not responsible for any lost or damaged equipment while on VA property.TRANSPORTATION, HANDLING AND STORAGEThe contractor shall coordinate with suppliers and shippers to ensure that incoming materials are properly identified with the contractor’s name, contract number and project title. The contractor shall designate an authorized individual to be available to receive shipment. The Government warehouse facilities are not the shipping point and are not available for Contractor’s use. 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.CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALSAt the end of each workday, the contractor shall clean up the work and storage areas and stack all materials in a manner approved by the Contracting Officer or his/her designated representative. Upon completion of a project, the contractor shall ensure that all dirt, trash, and debris resulting from the construction operations are removed from the work area. Unless directed otherwise in the contract or by the Contracting Officer, disposal of debris shall be made at the contractor’s expense and shall be delivered to a state approved disposal site located off the VA grounds and/or CBOC locations. Debris shall not be left in such a manner that wind or other weather conditions can cause the debris to be scattered outside the work area or inside the facilities via local foot traffic.The hauling and disposal of excess fill material including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be the responsibility of the contractor. Disposal shall be in accordance with applicable state and local regulations.SHOP DRAWINGS AND SUBMITTALSThe Contractor is responsible for preparation of all shop drawings, submittals, and as-builts for each Task Order in accordance with requirements contained therein.MISCELLANEOUS CONTRACTOR REQUIREMENTSCONTRACTOR STAFF AND EMPLOYEESPrior to commencing on-site construction, the contractor shall provide the Contracting Officer with a telephone number and FAX number at which the contractor or his/her representative may be contacted at any time during regular working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention.Supervision. The Government shall not exercise any supervision or control over the contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government. Contractor’s Employees. All work under this contract shall be performed in a skillful and workmanlike manner. The Contractor shall employ and utilize only experienced (or certified apprentice), responsible, and capable persons in the performance of work under this contract. All employees must be citizens of the United States or authorized aliens and shall be able to furnish proof of citizenship if asked to do so by the Contracting Officer. Only authorized Contractor personnel shall be admitted to the worksite at all times. The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless or otherwise objectionable.Superintendence. The contractor shall give his/her personal superintendence to the work or have a competent foreman or superintendent from his/her own staff, satisfactory to the Contracting Officer, at the work site while work is in progress, with authority to act on behalf of the contractor. The Contractor’s superintendent is responsible for maintaining and conducting the inspection system required by the contract.Removal of Personnel. The Contracting Officer may require the Contractor to remove from the job those employees who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of security.Liability. The Contractor hereby agrees to release the Government (to include its officer, enlisted personnel, agents, and employees) from any liability for any loss, damage, or injury sustained by the Contractor or his/her employees during the performance of this contract. The Contractor also agrees to indemnify the Government for any loss, damage, or injury to Government personnel or agents or other third parties, provided such loss to the Government is caused by the negligence of the Contractor or his/her personnel while performing this contract.Parking of contractor vehicles shall be restricted to the contractor’s designed on-site area, work area, or other designated location. The company name shall be prominently displayed on all construction vehicles parked on the job site.Security of material storage areas on the job site shall be the responsibility of the contractor. The area shall be kept neat and orderly and free of debris. SAFETY/ACCIDENT REPORTINGAccident prevention and safety practices on contractual work under the jurisdiction of the Contracting Officer are the responsibilities of the contractor concerned.Safety Plan. Within 30 days of award of the Basic IDIQ Contract the contractor shall furnish to the Contracting Officer a Master Safety plan. Prior to mobilization of a Task Order the Contractor shall furnish, as a submittal, his/her safety plan applicable to the project. Furthermore, the Contractor shall brief all employees on proper safety and accident reporting. The Contractor shall provide all occupational health services to his/her employees. Contractor employees shall be instructed to notify the Contractor’s project manager of potential or existing occupational health hazards that require attention. The Contractor shall designate a person on his/her staff to manage the Contractor's safety and accident prevention program. This person will provide a point of contact for the Contracting Officer on matters of job safety and shall be responsible for ensuring the health and safety of on-site personnel. In addition, the Contractor shall provide a Master Infection Control Plan with a designated representative to manage such plan.SAFETY ASSURANCE – See also Section 01000 paragraph 1.17Compliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials; the demolition of structures containing asbestos; and/or disposal and removal of asbestos, shall also comply with the requirement of 40 CFR, Part 61, Subpart A. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. The VA's Construction Safety Guidebook is available at the following web site: Notification/Report. In the event of a job-related accident, the Contractor shall immediately notify the Contracting Officer’s Representative (COR) and shall prepare a Report of Accident (VA Form 2162 or equivalent) in quadruplicate and forward the original and two copies to the Contracting Officer or COR for forwarding to Safety Officer, as applicable, for construction projects. The Contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the respective Safety Office. Lost time injury is defined as "An injury resulting in a lost workday, not including the day of injury." SCHEDULING OF PRE-FINAL AND FINAL INSPECTIONSNotification for Pre-final. The Contractor and the Government will jointly conduct a pre-final inspection prior to any final inspection. Request for the pre-final shall be made in writing to the Contracting Officer at least 5 days prior to the desired date. Pre-final Inspection. Discrepancies noted will be furnished by the Contracting Officer Representative to the Contracting Officer. The Contracting Officer is responsible for furnishing a complete punch list, in writing, to the Contractor. Items noted on the punch list will be completed prior to scheduling a final inspection. As-builts, real property data, warranties, manuals, etc., may be turned-in at time of final inspection.Notification for Final Inspection. When the Contractor is ready for final inspection, he/she shall request so in writing to the Contracting Officer or his/her duly authorized representative at least 2 days prior to the desired date.Final Inspection. The final inspection will be performed with the Contractor by the Contracting Officer Representative (COR), consultant team, and/or representative of the using activity. Discrepancies noted will be corrected within the time specified by the Contracting Officer.In the event the pre final or final inspection will be conducted by a Government contracted service, (A&E firm or other contracted individual) the Contractor made be held liable for travel and labor costs when the project is not sufficiently complete and the inspection must be rescheduled or an additional inspection is required. END OF SECTION 00800SECTION 01000 GENERAL REQUIREMENTSWHERE THE FOLLOWING REQUIREMENTS DIFFER FROM REQUIREMENTS ESTABLISHED BY A SPECIFIC TASK ORDER, THE TASK ORDER REQUIREMENTS SHALL GOVERN.SCOPEThe Contractor will be held responsible for all requirements described in the contract documents and task order documents and all work including that of his/her Sub-contractor, if any, shall be done in accordance with the contract documents and/or task order documents. Failure to familiarize himself/herself with their requirements will not relieve the Contractor of his/her responsibility to comply.The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among Sub-contractors or in establishing the extent of the work to be performed by any trade.WORK SCHEDULINGNormal facility work hours for the Contractor will be between the hours of 8:00 AM through 4:30 PM, Saturdays, Sundays, and Federal Holidays excepted. If the Contractor desires to work during periods other than above, he/she must notify the Contracting Officer three (3) working days in advance of his/her desire to work during other periods to allow determination of availability of additional inspection forces, determination of impact on existing health care and facility operations, and for notification of fire, security and safety personnel. When the Contracting Officer determines that there are no adverse impacts to health care and facility operations and that inspection forces are reasonably available, he/she may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount. (Note: If applicable, at time of award this paragraph will be modified to the negotiated schedule for this project). Work in the Operating Room Suite shall be performed outside normal work hours. Other critical care areas may also require work to be done outside the normal work hours. These critical care areas include the Intensive Care Unit, the Emergency Room, specialty Clinics and exam rooms.The following Federal legal Holidays are observed:New Year's Day 1 JanuaryMartin Luther's King's Birthday Third Monday of January President's Day Third Monday of FebruaryMemorial Day Last Monday of MayIndependence Day 4 JulyLabor Day First Monday in SeptemberColumbus Day Second Monday in OctoberVeteran's Day 11 NovemberThanksgiving Day Fourth Thursday in NovemberChristmas Day 25 DecemberNOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday, holidays falling on a Sunday will be observed on the following Monday.Prior to commencing work on the job initially, resumption of work after prolonged interruption (7 calendar days or more), commencement of any warranty work, and upon completion of warranty work, the Contractor must notify the Contracting Officer (or his/her Contracting Officer’s Representative). When relocating to new sites, returning to sites for follow-up work on a phased work plan, notification to the Contracting Officer’s Representative is sufficient. Notification should be by personal contact; however, advance notification may be by telephone, or in writing, and should be accomplished sufficiently in advance to allow scheduling of inspection forces. The purpose of the above precautions is to ensure construction inspection and recording of work proceedings. ENTRY/ACCESS TO SITELocations to be serviced by the resulting contracts/task orders include Hospitals and outpatient clinics and, as such, only those persons granted permission may enter. It is, therefore, required that control be exercised over Contractor personnel while working at these facilities. To maintain this control, a listing of all Contractor personnel who will be working under the task order, must be submitted to the Contracting Officer prior to the start of work. The preferred method of providing this list is via email, to the contract administrator, unless notified otherwise. The listing shall include, but not limited to: contract number, project number, employee name, and the estimated starting and ending date of each employee. Subsequent listings of all additions or deletions will be submitted as employees are hired or released.During construction, the Contractor shall permit the Department of Veterans Affairs personnel access to the facilities within the work area. The Contractor shall provide protection to persons and property throughout the progress of the work.In the event of a declared National Emergency the Contracting Officer may be required to stop work on this contract for security reasons. Contractor shall ensure the Contracting Officer has a current “Off Duty” contact name and telephone number at all times to facilitate notification. The Contractor shall be responsible for compliance with all regulations and orders of the Facilities Management Service and VA Police, respecting identification of employees, movements on installation, parking, truck entry, and all other applicable regulations, which may affect the work. Special requirements will be identified in the statement of work for an individual task order.The Medical Center may have specific requirements, which will be identified by the Individual Task Orders.The contractor shall inform all personnel working under its jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area, excluding direct haul and access routes, contracting and COR and point of supply and storage, is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above may be apprehended and turned over to the appropriate authorities.UNAUTHORIZED PERSONNELThe Contractor shall inform all personnel working under his/her jurisdiction (including sub-contractor and visiting supplier personnel) that access to areas outside of the immediate work area excluding, direct haul and access routes, Contracting and Engineering offices and point of supply and storage is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.INSPECTION OF SITEThe Contractor shall be responsible for the complete coordination and proper relation of the work of all trades. Reference Contract Clauses FAR 52.236-3, “Site Investigation and Conditions Affecting the Work” and FAR 52.236-8, “Other Contracts”.No allowances or extra construction on behalf of any Contractor will be permitted subsequently by reason of error or oversight on the part of the sub-contractor, or on account of interferences by the activities of the owner or others. Reference Contract Clause FAR 52.236-3, “Site Investigation and Conditions Affecting the Work”.All dimensions shown on the drawings are based on “as-built” record drawings and, to the extent possible, accurately represent existing conditions; however, there may be some variance between existing conditions and contract drawings. The Contractor is responsible for verifying all dimensions and for reporting to the Contracting Officer any discrepancies that may affect performance of the work represented by contract drawings and specifications. CORRELATION OF DRAWINGS, SPECIFICATIONS AND CONTRACTSThe specifications, Contract and the accompanying Drawings are intended to describe and provide for a complete, new and usable facility. They are intended to be cooperative and what is called for by one shall be as binding as if called for by all. The Contractor will understand that the work herein described shall be complete in every detail, not withstanding every item necessarily involved is not particularly mentioned, and the Contractor shall be held to provide all labor and material for the entire completion of the work intended to be described and shall not avail himself/herself of any manifestly unintentional error or omission, should any exist. Should any error or inconsistency appear in the Drawings or Specifications, the Contractor, before proceeding with the work, shall make mention of same to the Contracting Officer for proper adjustment, and in no case shall he/she proceed with the work in uncertainty. REPORT OF ERROR AND DISCREPANCIESThe Contractor shall be responsible for any and all discrepancies in work due to failure to obtain dimensions and investigate conditions at the building before fabrication and installation.The Contractor shall bear all costs in replacing all materials and labor due to not observing the above paragraph and such replaced materials shall meet the approval of the Contracting Officer.The Contractor shall promptly notify the Contracting Officer in writing of any discrepancies.Reference Contract Clauses FAR 52.236-21, “Specifications and Drawings for Construction”. FAR 52.246-12 “Inspection of Construction”.Any proposed changes to the specifications by the Contractor must be submitted in writing to the Contracting Officer for approval prior to implementation.DIVISION OF WORKThe various divisions of the Specifications shall not be considered as negotiations of the material and labor involved. The arrangement and order of these divisions have been made for convenience only, and it is not the intent, nor shall it be so construed, a particular trade or sub-contractor must perform that work included in any one division.Any item mentioned under any division heading must be supplied even though it is not specified under the heading for the respective work, but is shown on the Drawings. No claims for extras arising out of real or alleged error in such arrangement or order of the various divisions will be given consideration.The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among Sub-contractors or in establishing the extent of the work to be performed by any trade. Reference Contract Clause FAR 52.236-21, “Specifications and Drawings for Construction”.METHOD OF CARRYING ON THE WORKAll work under the Contract shall be arranged and carried on in such a manner as to complete work in the least possible time. The Contractor shall consult with the Contracting Officer as to methods or sequence of carrying on the work. A definite program of work shall be arranged before starting. Activities in the vicinity of this project may be kept in full or partial operation during construction. The Contractor shall coordinate scheduling of construction activities with the Contracting Officer. Reference Contract Clause FAR 52.236-8 “Other Contracts”.STANDARDS OF MANUFACTUREAll recognized regulatory/code standards shall be the latest published edition prior to the date of release for proposal of the contract documents.For purpose of establishing the standard of construction and the requirements to be met in the work of all divisions, the drawings and these specifications are based on the use of products hereinafter specified, adapted to the installation as required to meet the condition.Where brand names are shown, these names are intended to describe a quality of product, and in no way are intended to limit products of equal quality. Therefore, products of other manufacturers may be employed for this work provided they are equivalent materials and construction and equally adaptable to the conditions as approved by the Contracting Officer. Reference Contract Clause FAR 52.236-5, “Materials and Workmanship”.MEANING OF APPROVED, DIRECTED, ETC.“Approved”, “Directed”, “Required”, “Applicable”, or words of like or similar effect, when used in the specifications shall be interpreted to mean “Approved By”, “Directed By”, etc., the Contracting Officer unless otherwise specifically stipulated.MISPLACED MATERIALSAny material that is deposited elsewhere than areas designated as approved by the Contracting Officer Representative shall be re-handled and deposited where directed. No payment will be made for re-handling such material. The Contracting Officer will notify Contractor of any noncompliance with the foregoing PLIANCE WITH CODES AND REGULATIONSAll work shall be done in accordance with the applicable codes and/or ordinances in force at the time of construction. It is the Contractor’s responsibility to insure that where regulations of the federal Environmental Protection Agency, Rhode Island State Department of Environmental Management, Massachusetts Department of Environmental Protection, Connecticut Department of Environmental Management, Maine Department of Environmental Protection, Vermont Department of Environmental Management, and New Hampshire Department of Environmental Management as applicable or other such regulations control the removal, handling, installation or disposal of materials, they shall be strictly adhered to whether or not specifically referenced in the construction documents.Contractor shall have data sheets available at the site on any materials used to comply with Federal and State OSHA and EPA. Reference Contract Clause FAR 52.223-3, “Hazardous Material Identification and Material Safety Data”.MATERIAL TESTING BY NATIONAL LABORATORIESElectrical materials and equipment shall be new and bear the UL label or be listed in UL Electrical Construction Materials Directory or Electrical Appliance and Utilization Equipment Directory, wherever standards have been established by the agency.The Contractor shall submit proof that the material or equipment, which he/she proposes to furnish under this specification, conforms to the standards of Underwriters’ Laboratories. The label of Underwriters Laboratories (UL) shall be accepted as conforming to this requirement.In lieu of the label, the Contractor may submit a written certification from any recognized testing agency, adequately equipped and competent to perform such services, that the material or equipment has been tested and conforms to the standards, including the methods of testing used.KEYS The Contractor shall be responsible for any Government-owned keys that have been issued to him for access to facilities or areas pertinent to this contract.Upon completion of the work in an area, or upon request of the Contracting Officer Representative, the key or keys relevant to the area shall be returned immediately. Keys shall be returned prior to final task order payments.Should the Contractor Lose a Key: The Contractor shall notify the Contracting Officer Representative, immediately and in writing, but not later than one (1) working day after he/she is aware of the loss. Should the key not be found before final acceptance, the final contract payment shall be reduced by the replacement cost for each key not returned and, if required by the Contracting Officer, any re-keying costs and cost of any other damages suffered by the Government. CONSTRUCTION SCHEDULING, WORK, PROGRESS AND PREPARATION OF PROGRESS SCHEDULES AND REPORTSThe instructions for preparation and submittal of the Contractor-prepared Network Analysis System or Construction Progress Charts and Status Reports will be discussed at the Task Order preconstruction meeting. A weekly meeting may be held between the Contractor, COR and Contracting Officer, if necessary, to discuss work progress, problems and potential change orders. Contractors shall attend these meetings at no additional cost to the Government and shall be responsible for publishing minutes for each meeting. Prior to specific work elements of a project, the contractor shall confer with the COR and agree on a sequence of procedures and means of access to premise and buildings; space for storage of materials and equipment; delivery of materials and use of approaches, use of corridors, stairways and similar means of passage. Furniture and portable office equipment in the immediate area will be moved by the contractor to a location designed by the COR and replaced to its original position, or an alternate location as determined by the COR, upon completion of the work. Schedules for movement of furniture and equipment and delivery of materials shall be incorporated in the progress schedule and shall be made with a minimum of interference to Government operations and personnel. So far as practicable, the work shall be completed by section and confined to limited areas. Coordination with the COR and the user activity shall be accomplished at least three days in advance.For task order with performance period of 60 calendar days or more, or at the direction of the Contracting Officer, and in accordance with FAR Clause “Schedules for Construction Contracts” (April 1984), the contractor shall, within five days after work commence on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval one copy of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of work. The schedule shall be prepared using MS Project schedule system or acceptable substitute. The work shall be scheduled so that, upon the start of construction, work progresses in a continuous and diligent manner. A schedule that does not reflect steady and reasonable progress throughout the construction period will be rejected. In accordance with FAR 36.515; “Schedules for Construction Contracts” (April 1984), weekly progress reports, submitted using MS Project schedule system or acceptable substitute, are required for both the contractor and the Contracting Officer’s Representative (COR) covering the period from notice to proceed through final inspection.For task order with a performance period of less than 60 calendar days, no progress schedule or contractor progress reports will be required unless directed by the Contracting Officer. A weekly progress report in a format acceptable to the Contracting Officer shall be provided to the COR until final inspection.The Contractor shall prepare a work progress schedule required for completion of each of the various divisions of work, unless the exception in paragraph e above applies. Updated plans shall be provided by the contractor on a (to be indicated per project) basis, unless otherwise directed by the Contracting Officer, showing work progress, at the beginning of the workweek. If there are possible deviations from the original plan, those are to be noted and approved by the Contracting Officer before work changes are implemented. The schedule shall be submitted to the Contracting Officer, in the number of copies as directed prior to start of construction. Reference Contract Clause FAR 52.236-15, “Schedules for Construction Contracts”. The reports contemplated by the clause herein titled "Schedules for Construction Contracts" shall be accomplished using MS Projects schedule system.SAFETY ASSURANCECompliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials; the demolition of structures containing asbestos; and/or disposal and removal of asbestos, shall also comply with the requirement of 40 CFR, Part 61, Subpart A. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply.Contractor Responsibility. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work. The Government shall not be held liable for any action on the part of the Contractor, his/her employees or Sub-contractor, which result in illness, injury or death.Crawl spaces and attics are to be treated as confined space entry. Contractor must follow 29CFR 1910.146 and use VA furnished Form entitled Required Confined Space Entry Permit when making an entry. NOTE: A confined space does not include areas above suspended acoustical tile ceiling.Where an employee can fall more than 6 feet, a fall protection system must be used; 29 CFR 1926.500 stipulates where this occurs and the different types of fall arrest systems.When the Contractor is working in buildings that are occupied by Government personnel, the Contractor must provide Material Safety Data Sheets (MSDS) to the Contracting Officer Representative before they begin the work. All references to protection of the site and adjacent buildings when trenching, shall include protection of all employees also.Inspections, Tests and Reports. The required inspections, tests and reports made by the Contractor, Sub-contractor, specially trained technicians, equipment manufacturers and other as required, shall be at the Contractor’s expense.Materials and Equipment. Special facilities, devices, equipment, clothing and similar items used by the Contractor in the execution of work shall comply with applicable regulations.Traffic Control Devices. The Contractor shall comply with the recommendations contained in Part 6 of the U. S. Department of Transportation, Federal Highway Administrations “Manual on Uniform Traffic Control Devices”, available at , to ensure proper warnings to motorists and adequate traffic control. The Contractor shall provide all warning lights, barricades and other traffic control devices and signs.INSPECTIONS AND TESTSInspections and tests are for the sole benefit of the Government and shall not relieve the Contractor of the responsibility of providing quality control measures to ensure that the work strictly complies with the contract requirements. No inspection or test by the Government shall be construed as constituting or implying acceptance. Reference Contract Clause FAR 52.246-12, “Inspection of Construction”.QUALITY CONTROL/TESTS Also See Section 01451Where work is specified to be in conformity with Standard Specifications of the American Society for Testing Materials (ATSM), or with Federal specifications or with specifications of well known recognized technical and trade organizations, but no tests are specifically stipulated in connection herewith, the Contractor shall furnish and pay for any tests or certifications required by the Contracting Officer to show that the proposed materials meet with the applicable requirements.The Contractor shall submit a written certification from any recognized testing agency, adequately equipped and competent to perform such services, that the material or equipment has been tested and conforms to the standards, including the methods of testing used.Wherever testing or analysis of material is required, such testing unless otherwise noted will be made at the Contractor’s expense.Subsequent testing of those materials that fail to meet specifications will be accomplished by the Contractor at no cost to the Government.Contractor Quality Control (CQC) Program: The Contractor shall provide and maintain an effective quality control program in accordance with the contract. Within ten (10) days of the award of the task order, the Contractor shall provide three (3) copies of the task order CQC plan to the Contracting Officer. This document, as a minimum, shall include name and address of the independent testing agency and the responsible principal with the firm; a summary of QC tests required by the specification and to be provided by the testing agency; and typical daily reports forms to be used for this project. The plan shall also indicate organizational procedures to immediately notify the Contracting Officer or his/her representative of test results in noncompliance with the specification and recommendations on correction. The testing agency must be an independent company and not owned or partially owned by the Contractor or any relation or employee of the Contractor.Samples used for testing shall be selected as specified for the various tests elsewhere in the specifications but in every case the method of selecting samples and the location for selection shall be as approved by the Contracting Officer Representative or Industrial Hygienist.Tests shall be made in accordance with the specified testing procedures and/or methods and otherwise as required to provide compliance with all contract requirements. Tests shall be made by independent, commercial testing laboratories approved in writing by the Contracting Officer Representative or Industrial Hygienist.Results of all tests shall be recorded on certified test reports of the commercial testing laboratories. Reports shall include a statement that the materials tested do or do not meet the requirements of the Contract specifications. One copy of all reports shall be forwarded directly to the Contracting Officer Representative for approval within five (5) days of the actual performance of the test. The testing agency shall immediately notify (verbally) the Contracting Officer Representative of any tests that indicate failure to meet the contract requirements.Any item, for which test reports show failure to meet all Contract requirements shall be retested as often as required to show full compliance with Contract requirements, at the Contractor’s expense.WARRANTYIn addition to the specific guarantees required by the specifications for certain portions of the work to be performed under this Contract, the Contractor shall furnish a written warranty for all of the work to be performed under this Contract, against defects in materials or workmanship for a period of one (1) year from the date of final acceptance of the completed work by the Government.All work including workmanship, material, and equipment (other than Government furnished equipment) shall be warranted for the full period of standard manufacturer’s warranty, but in no case shall be warranted for a period of less than one (1) year upon notice from the Contracting Officer of any failure during this warranty period, the part or parts shall be replaced promptly with new parts by and at the expense of the Contractor. Whenever the manufacturer of a piece of equipment supplied by the Contractor customarily provides a warranty covering the equipment, the Contractor shall promptly turn over such to the Contracting Officer.Upon completion, the Contractor shall provide the Contracting Officer with five (5) bound sets containing maintenance, repair and operating instructions and parts lists for each piece of installed equipment.Reference Contract Clause FAR 52.246-12, “Inspection of Construction.”CUTTING AND REPAIRINGUnless otherwise specified hereinafter, the Contractor shall do all necessary cutting, drilling, fitting and patching of work and corresponding work that may be required to make several parts come together and fit it to receive, or be received, by work of other trades shown upon, or reasonably implied, by the Drawings and Specifications for the completed project. Reference Contract Clause FAR 52.246-12, “Inspection of Construction”.The Contractor shall be held responsible for all cutting, replacement, and repairing of work that is due to faulty workmanship and which is not specifically covered by specifications for trades which are affected. He/she will also be held responsible for providing, without extra cost to the Government, any small incidental items which are not specifically mentioned in trade specifications, but which are necessary to complete the work in accordance with the drawings, and under the general understanding that the work when completed shall be a finished and workmanlike job. Reference Contract Clause FAR 52.236-5, “Material and Workmanship.”SITE CLEAN UPThe Contractor shall maintain the construction site in a clean and orderly condition as possible. All refuse and/or salvage material shall be gathered and disposed of periodically to maintain the site in this condition. All roadways, taxiways and ramp areas within the work area, or used by the Contractor, shall be swept and vacuumed daily to assure safe operation of aircraft. The cleaning operation shall be accomplished with self-propelled sweepers equipped with pick-up devices. The method of cleaning and equipment employed shall be subject to the approval of the Contracting Officer. Reference Contract Clause FAR 52.235-12, “Cleaning Up”.During and after periods of rain, this construction site may have a very high water table and/or areas of standing surface water. Dewatering techniques are a Contractor’s option; however, the Contracting Officer Representative shall approve the method prior to start of work.Following completion of the work, the Contractor shall clean the entire area from any debris and/or excess of misplaced material due to his/her operation and obtain Contracting Officer Representative’s approval of this finished work. (Reference Contract Clause FAR 52.246-12, entitled “Inspection of Construction” and FAR 52.236-12, “Cleaning Up”.)Prior to acceptance of the facility and at such times as directed by the Contracting Officer and Contracting Officer Representative, the Contractor shall thoroughly clean all exposed surfaces of the building where work under this contract was completed.All protective coatings, except lacquers, shall be removed from finish surfaces and the finish surfaces shall be washed and cleaned. Contractor shall be held responsible for all damaged materials, and at completion, shall replace, at his/her own expense, all such damaged materials.LAYOUT AND GRADESAll lines and grade work not presently established at the site shall be laid out by the Contractor in accordance with the drawings and specifications. The Contractor shall maintain all established boundaries and benchmarks and replace as directed any which are destroyed or disturbed. Reference Contract Clause FAR 52.236-17, “Layout of Work”.The Contractor shall engage a Professional Engineer or Registered Land Surveyor, licensed to practice in the States of Rhode Island, Massachusetts, New Hampshire, Maine, Connecticut, and Vermont, as applicable, to properly establish all locations, grades, elevations, dimensions, joints, etc., necessary to the proper location of all items of work included in this Contract. All such items shall be established in relation to the benchmark and control points noted on the drawings.REFUSE AND SALVAGE MATERIALS:All refuse, debris, and construction waste shall be legally disposed of off-site at the Contractor’s expense. (Reference FAR 52.236-12 “Cleaning Up.”). Accumulations of refuse on the site will not be permitted.All salvage property removed and not reinstalled under this contract shall be returned to the Government at a place designated by the Contracting Officer, or properly disposed of when directed by the Government.Non-Hazardous Solid Waste should be diverted to recycling, through appropriate means available to the Contractor, if such diversion is less than or equal to the equivalent cost of land filling or incineration.The Contractor shall maintain adequate property control records for all materials or equipment specified to be salvaged. These records may be in accordance with the Contractor's system of property control, if approved by the property administrator. The Contractor shall be responsible for the adequate storage and protection of all salvaged materials and equipment, and shall replace, at no cost to the Government, all salvage materials and equipment which are broken or damaged during salvage operations as the result of its negligence, or while in its care. Point of contact concerning Government salvaged items will be identified under the individual task order.STORAGENo secure storage space will be provided by the Government. The Government will not be responsible for property belonging to, or under the present control of the Contractor. The Contractor is to protect his/her materials. An unsecured, open area will be designated by the Contracting Officer for storage of construction equipment and materials during the period covered by this contract. Reference Contract Clause FAR 52.236-10, “Operations and Storage Areas”.Contractor shall construct such temporary sheds as he/she may require for the use of his/her workmen and as required for tool cribs and storage of all work under this Contract. Temporary sheds shall be confined to the space assigned by the Contracting Officer. Sheds shall be of approved construction and wood floors, lighting and heat shall be provided in all parts used by workmen. Exterior of sheds shall be painted, all parts maintained in good condition throughout the life of the Contract, and at completion, all parts shall be removed and the premises cleaned up. Reference Contract Clauses FAR 52.236-10, “Operations and Storage Areas” and FAR 52.236-12, “Cleaning Up”.TEMPORARY FIELD OFFICESAs soon as practicable after award of Task Order, and until final completion of the work, Contractor shall provide, maintain and later remove a suitable temporary office(s) for his/her own use if space is available and designated by the Contracting Officer. All field offices shall be painted on the exterior, maintained in good repair, provided with adequate heating, lighting and maintained in a clean and sanitary condition at all times. Reference Contract Clause FAR 52.236-10, “Operations and Storage Areas”.When required by the solicitation/task order documents the Contractor shall provide temporary office space for exclusive use of the Government inspectors, to include Contracted inspectors. This office shall include, as a minimum, as desk, a suitable chair, and access to a phone line at no additional cost to the Government.The Contractor is reminded that smoking in buildings and on the grounds of a Government facility, except in designated areas, is prohibited.TEMPORARY TOILET FACILITIESContractor to provide, at his/her expense, all temporary toilet facilities. All temporary toilet facilities shall meet the requirements of health authorities having jurisdiction and shall be kept clean and in a sanitary condition at all times.UTILITIESThe Contracting Officer will determine and specify in individual task orders whether Government-operated utilities are/are not adequate and will/will not be furnished to the Contractor without charge where existing outlets are available. The Contractor may use reasonable amounts of specified utilities for construction operation without charge when specified in individual task orders. The Contractor is responsible for installing temporary service outlets, as necessary, and charges will be made in accordance with the clause entitled “Availability and Use of Utility Services, FAR Clause 52.236-14. Any expense incurred to gain access to these utilities (temporary tap-ins, etc.,) shall be the responsibility of the Contractor and all utilities shall be returned to their original configurations at the end of the task order. No alterations to existing utilities shall be accomplished without the written permission of the Contracting Office. The following utility/utilities will be made available: will be specified in each individual task order.Contractor shall be responsible for natural gas until the work is accepted by the Government.UTILITY INTERRUPTIONSAll utility shutdowns require the prior approval of the Contracting Officer Representative. Request for utility shutdown shall be made in writing at least four (4) weeks prior to the expected date of implementation or as indicated in Task order documents. As soon as actual shutdown date is known, the Contractor shall notify the Contracting Officer in writing requesting approval at least eight (8) work days prior to requested shutdown.The Contractor’s progress schedule shall include preliminary listing of all proposed shutdown dates. Every effort shall be made to make all shutdowns as brief as possible and as limited in extent as possible.Contractor shall provide an emergencies repair plan, with identity of Contractors to accomplish the repairs in the event of utility and/or communications emergencies.EXCAVATING PERMITContractor is required to notify Dig Safe and to secure an excavating permit from Engineering, or other applicable agency as designated by the Contracting Officer before proceeding with any exterior on-site excavating or digging. The Engineer must have a minimum of 72 hours notice from the Contractor prior to permit being secured. COMPRESSED AIRContractor shall provide all compressed air used for work under this contract including temporary lines and connections. Remove all temporary lines, etc., at the completion of the work.WEATHER PROTECTION AND TEMPORARY HEATINGThe Contractor shall provide and maintain weather protection as may be required to properly protect all parts of the structure from damage during construction.The Contractor shall be responsible for repairs and maintenance to the heating system or units during the period during progress of building construction and shall deliver same to the Government, at termination of such use, in perfect condition, cleaning out all air ducts and replacing all filters. Any temporary heating shall be at the expense of the Contractor.BLOCKING OFF STREETSAt least seventy-two (72) hours prior to the blocking of any street, or as designated by the task order documents, the Contractor shall advise the COR, appropriate safety staff and VA Police of his/her intentions, identifying the location and the estimated time of closure. There shall be no closures of any street without at least eight (8) days of prior notification to the COR, appropriate Safety staff, VA Police and the Contracting Officer.ARCHEOLOGICAL, PALEONTOLOGICAL AND ENDANGERED SPECIES FINDS.Any archeological finds (evidence of human occupation) or paleontological finds (evidence of prehistoric plant or animal life) are to be reported to the Contracting Officer immediately and the contractor shall stop work in the area of the archeological or paleontological finds. The contractor may continue work in other areas without interruption. Protect native endangered flora and fauna and notify Contracting Officer of any construction activities that might threaten endangered species or their habitats.DAMAGES, REPAIRSAll damages by the Contractor’s operations shall be repaired, or replaced, at the Contractor’s expense, as directed by the Contracting Officer. Any Government property damaged as a result of the work, materials, or operations of the Contractor shall be restored at no additional expense to the Government.All existing sidewalks, curbs, and pavement disturbed, broken or removed or otherwise damaged by the Contractor during performance of the work under this contract shall be replaced by the Contractor at his/her own expense. Replaced sidewalks, curbs, and pavements shall be smooth, shall blend into the existing work, and shall not present depressions or humps.Reference Contract Clause FAR 52.236-9, “Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements”.AS-BUILT DRAWINGSThe Contractor shall keep an accurate record of all deviations from the approved design drawings and specifications which may occur in the work as actually constructed, and shall submit to the Contracting Officer, at completion of the work, complete information including descriptions, drawings, dimensions, marked prints, etc., as required for correction of the tracings to the as-built conditions.The red lined drawings shall be complete with any deviation in actual construction.MAINTENANCE OF TRAFFIC AND SAFETYWhere possible, the Contractor and his/her work shall not interfere with the normal operations of traffic, particularly emergency vehicles and equipment. Contractor is responsible for safety on the Project Site.The Contractor shall use only established haul routes. When materials are transported in prosecution of the work, vehicles shall not be loaded beyond the loading limit established by Federal, State or Local Law or regulation. When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor.With respect to his/her own operations and those of all his/her Sub-contractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, and any work or condition that may be hazardous to the operation of equipment, or maintenance vehicles at the Medical Center.The Contractor shall furnish, erect, and maintain weighted barricades, warning signs, and other traffic control devices as required maintaining traffic and ensuring the safety of personnel and the Contractor’s equipment. The Contractor shall make his/her own estimate of all labor, materials, equipment, and coincidental necessary for providing the maintenance of aircraft and vehicular traffic.SPECIAL CONDITIONSAny Contractor’s equipment that causes or generates electro-magnetic disturbances or interference shall be removed from service until properly repaired. The Contracting Officer and/or Contracting Officer Representative may also require repositioning or removal of the equipment from the Site.The Contractor shall be responsible for the coordination of his/her work with Medical Center communications personnel, who may be working in the area and making them aware of proposed work that may affect the work of their particular trade in process of performance.HAZARDOUS MATERIAL USAGEThe Contractor shall establish hazardous material (HM) storage and distribution system when HM is to be used. All HM required to support the contract shall be reported to the Contracting Officers Representative (COR), who will in turn notify applicable personnel. The Contractor planning to use HM for the work must register, through the COR, with the Medical Center Safety Office, prior to start of work in order.The Contractor shall maintain Contractor HM Identification Forms on the job site for inspection/verification.Contracting Officer's Representative will verify that the HM identified is the only HM in use on the job site.Contractors shall provide the following to the COR:(1) Provide a list of each material and quantity of material for all proposed HM. Hazardous Material (HM) shall be construed to mean any item that is: - a health hazard or physical hazard as defined in 29 CFR, 1910.1200(c).- regulated in its disposal by EPA under 40 CFR.- hazardous as defined by DOT regulations under 49 CFR.- hazardous as defined by the Dangerous Goods Regulations of the International Air Transport Association.(2)Provide a material safety data sheet (MSDS) for each item on the list.(3)Typical examples of hazardous materials used on the job site include, but are not limited to:- petroleum based liquids/gases (gasoline, kerosene, diesel, propane, butane, acetylene, etc.)- explosives- adhesives and glues- shot charges for anchor systems- volatile solvents (such as PVC cleaner and glues, paint thinners)-non-water based paints- liquid sealants- epoxies and coating systems- acidic or alkali cleanersThe Contractor shall establish his/her own HM storage and issue location that complies with federal, state and local environmental regulations. Materials issued shall be tracked for quantities used. Unused materials shall be inventoried and removed from the Medical Center prior to close out of the contract or expiration date of the HM. Reports of material delivered, used and removed from the installation shall be submitted to the Contracting Officer monthly and prior to contract closeout.The Contractor shall comply with all federal, state and local environmental standards.The Contractor shall accompany the contracting officer’s representative (COR) and the Medical Center’s Environmental Manger (EM) on project closeout inspection to ensure all used and unused HM has been removed from the installation. This requirement shall not be a punch list item and must be accomplished prior to the Government accepting beneficial occupancy of the facility or construction item.Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the Contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a task order modification may be required, subject to equitable adjustment under the terms of the contract.The Contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas and will be specified in individual Task Orders. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and, that hand pressure can crumb, pulverize or reduce to powder when dry. Non-friable asbestos-containing materials are materials in which asbestos fibers are bound by a matrix material, saturate, impregnate or coating. Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.CONTRACTOR HAZARDOUS MATERIAL IDENTIFICATION FORMPART I Date:This part is to be completed by Contractor prior to the construction start date, and shall be maintained on the job site.Contractor Company: Proposed work term:(date)to (date)Contractor Point of Contact:(full name or names, phone/cell/pager numbers,Phone number: emergency 24hour contact number, etc.)Submittal InformationStorage and Usage InformationHM to be used:MFG./ProductMSDSAttached(Yes/No)Amount onSite*,Transient orStoredAmountUsed Up inProcessUsed or UnusedAmount Removedfrom ANGinstallationNote: This form is good for an onemonth period and is to be submitted to the Medical Center’s Environmental Manger. All HM (hazardous material) used thereafter will be identified to the Contacting Officer's Representative for approval by the Environmental Manager. See Part II for Contractor closeout procedures. The Environmental Manger phone number will be provided per task order. *Transient amount reflects amount brought on site daily, but not stored overnight. Use separate lines for transient and storage amounts.Team Approval Signatures:COR (Contracting Officer's Representative) _______________________________EM (Environmental Manager) _______________________________SO (Safety Officer) _______________________________CONTRACTOR HAZARDOUS MATERIAL IDENTIFICATION FORM CLOSEOUT PROCEDURESPART II Attach this part to Part I The Contractor shall accompany the Contracting Officer's Representative and the Environmental Manager on the closeout inspection to ensure all used and unused HM has been removed from the installation.Closeout Approval Signatures:Date:Contractor:____________________________ Contracting Officer's Representative: ____________________________ EM (Environmental Manager): ____________________________ ENERGY AND WATER EFFICIENCY AND RENEWABLE ENERGYThe Government’s policy is to acquire supplies and services that promote energy and water efficiency, advance the use of renewable energy products, and help foster markets for emerging technologies. The Contractor shall include the provisions of energy-using products for construction, renovation, or maintenance of a public building by acquiring energy-using products designated by the Department of Energy’s Federal Energy Management Program (FEMP).Comply with all applicable clauses incorporated in the contract.POLLUTION ABATEMENTAll work shall be performed in a manner minimizing pollution of air, water and land as required.Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be wetted or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage. Tarpaulins must be fastened over load before entering surrounding streets. Removal of any materials dropped or blown off vehicles shall be the responsibility of the Contractor.Burning of any material is strictly prohibited.Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids or other harmful materials. Grading shall be accomplished to prevent surface drainage from the construction site containing harmful amounts of sediment from draining onto adjacent areas.Flushing on concrete trucks is restricted to the location specifically designed for this purpose by the Contracting Officer’s Representative.Excess mortar, plaster or drywall materials shall not be disposed of on Government property. Water utilized for plastering or drywall equipment shall be disposed of in accordance with the instructions of the COR, and under no circumstances shall water be disposed of in areas which are planted or scheduled to be planted.WORK BY THE GOVERNMENTThe Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable and to do so will not breach or otherwise violate this contract.REGULATIONSThe contractor shall comply with all applicable Federal, State, and Local, regulations pertaining to safety, traffic control and fire prevention.The Contractor, his/her employees, and his/her Sub-contractor 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). The Contractor 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 contractThe contractor may use the VA’s Technical Information Library for access to any applicable publications contained therein. The Contractor, his/her employees, and Sub-contractors shall become familiar with and obey the regulations of the installation including fire, traffic, safety and security regulations while on the medical center grounds. Those driving motor vehicles shall observe and obey all speed limits posted throughout the medical center. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and Sub-contractors shall carry proper personal identification with them at all times.Contractor’s 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. The contractor shall ensure that all parts of the facility where work is being performed are adequately protected. The contractor shall comply with all security regulations imposed by the medical center against vandalism and theftENVIRONMENTAL IMPACTAll waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his/her subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to, Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any sub-contractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.IDENTIFICATION OF VEHICLES AND PERSONNEL:Vehicles: Highway vehicles owned or leased by Contractors shall be furnished with identifying markings reflecting minimally, the Contractor's name, home city and local phone number. Personal Vehicles must be registered with the medical center.Personnel: Contractor's workmen shall have legal identification (picture ID) on them at all times while working on the Government project. END OF SECTION 01000SECTION 01001 AFFIRMATIVE PROCUREMENT WHERE THE FOLLOWING REQUIREMENTS DIFFER FROM REQUIREMENTS ESTABLISHED BY A SPECIFIC TASK ORDER, THE TASK ORDER REQUIREMENTS SHALL GOVERN.PART 1 GENERALAFFIRMATIVE PROCUREMENT & POLLUTION PREVENTIONAffirmative Procurement is a mandatory component of the Federal pollution prevention program. The VA Installation Pollution Prevention Program Guide includes this goal for Affirmative Procurement: "100% of all products purchased each year in each of U.S. EPA's 'Guideline Item' categories shall contain recovered materials meeting U.S. EPA's Guideline Criteria." This document contains guidelines for implementing the RCRA.AUTHORITY AND REFERENCESThe Resource Conservation and Recovery Act (RCRA), Section 6002 (42 U.S.C. 6962)Executive Order (EO) 13101, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition.Title 40, Code of Federal Regulations (CFR), Part 247, Comprehensive Procurement Guideline for Products containing Recovered Material.Federal Acquisition Regulations (FAR)SUBMITTALSGovernment approval is required for submittals with a "GA" designation. Submittals having an "FIO" designation are For Information Only. The following shall be submitted in accordance with Section 01330 SUBMITTAL PROCEDURES: SD-01 DataProduct Data; GAThe Contractor shall submit manufacturer's material specifications, installation instructions, physical characteristics, etc, to show that the product meets project and specification requirements.SD-13 CertificatesProduct Certificates; GAThe Contractor shall submit documentation certifying that products meet or exceed the specified requirements.SD-14 SamplesProduct Samples; GAThe Contractor shall submit samples of the product intended for use for project record.DEFINITIONSAFFIRMATIVE PROCUREMENT: The purchase of environmentally preferable products manufactured from recycled and reclaimed materials.ACQUISITION: The acquiring by contract with appropriated funds for supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract.CONTRACTOR: The prime Contractor, Sub-contractor, material suppliers, and equipment suppliers who provide the products that will be used in the construction of this project.ENVIRONMENTALLY PREFERABLE: Products or services having a lesser or reduced effect on human health and the environment when compared to competing products or services, serving the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packing, distribution, reuse, operation, maintenance, or product or service disposal. (Section 201, EO 12873)EPA DESIGNATED ITEM: An item that is or can be made with recovered material; that is listed by the Environmental Protection Agency (EPA) in a procurement guideline (40CFR, part 427); and for which EPA has advised purchasing recommendations in a related Recovered materials Advisory Notice (RMAN). (FAR 23.402)EXECUTIVE AGENT OR AGENCY: An executive agency as defined in 5 U.S.C. 105.FORM: The Affirmative Procurement Reporting Form found at the end of this section.POLLUTION PREVENTION: Source reduction as defined in the Pollution Prevention Act of 1990 (42 U.S.C. 13102) and other practices that reduce or eliminate the creation of pollutants through (a) increased efficiency in the use of raw materials, energy, water, or other resources; or (b) protection of natural resources by conservation. POST CONSUMER MATERIAL: A material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. "Post consumer material" is a part of the broader category of "recovered material".PROCUREMENT: The purchase and providing of products to be used in the construction of this project.PRODUCT: Materials and equipment that will be used in the construction of this project.RECOVERED MATERIALS: Waste materials and by-products which have been recovered or diverted from solid waste, but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (Section 205, EO 12873 and FAR 23.402)RECYCLABILITY: The ability of a product or material to be recovered from or otherwise diverted from the solid waste stream for the purpose of recycling. (Section 206, EO 12873)RECYCLING: The series of activities, including collection, separation, and processing by which products or other materials are recovered from the solid waste steam for use in form of raw materials in the manufacture of new products other than fuel for producing heat or power by combustion. (Section 207, EO 12873)RECYCLED MATERIAL: A material utilized in place of raw or virgin material in product manufacturing consisting of materials derived from post consumer waste, industrial scrap, material derived from agricultural wastes, and other items, all of which can be used in new product manufacturer. (EPA Guidelines & OFPP Policy Letter 92-4)RECYCLED PRODUCT: A recycled product is one made completely or partially from waste materials or by-products recovered or diverted from the solid waste stream. SOLID WASTE: Garbage, refuse, sludge and other discarded materials including those from industrial, commercial, and agricultural operations, and from community activities. This excludes solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flow, etc. (EPA Guidelines)SPECIFICATION(S): A clear and accurate description of the technical requirements for materials, products, or services including the minimum requirement for materials' quality and construction and any equipment necessary for an acceptable product. In general, specifications are in the form of written descriptions, drawings, prints, commercial designations, industry standards, and other descriptive references.UNREASONABLE PRICE: If the cost of the recycled content product exceeds the cost of a non-recycled item, the Veterans Affairs considers the cost to be unreasonable. VERIFICATION: Procedures used by procuring agencies to confirm both vendor estimates and certifications of the percentages of recovered materials contained in the products supplied to them or to be used in the performance of a contract. (EPA Guidelines)WASTE PREVENTION: Any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.WASTE REDUCTION: Preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.REGULATORY BACKGROUNDSection 6002 of RCRA requires federal agencies to give preference in the acquisition process to products and practices that conserve and protect natural resources and the environment. EO 12873 requires federal agencies to expand waste prevention and recycling programs, implement affirmative procurement programs for the United States Environmental Protection Agency (EPA) -designated items, and procure other environmentally preferable products and services. The stated purpose of the Affirmative Procurement Program is to stimulate the market for recovered materials. As a result of EO 12873, the EPA issued the Comprehensive Procurement Guidelines (CPGs) that have established the mandatory procurement by federal agencies of 36 items produced with recovered materials. The EPA has also issued Recovered Material Advisor Notices (RMANs) to accompany the CPGs and provide detailed information on the designated items. Please direct all questions regarding the plan to the Contracting Officer for forwarding to the Environmental Office. APPLICABILITYThese procedures apply to Contractors employed in the construction of task order projects. Please direct all questions regarding the plan to the Contracting Officer. RESERVEDEXEMPTIONSEPA RecommendationsThe U.S. EPA’s recommends minimum recycled content levels are mandatory for procurements of those items listed in the AFFIRMATIVE PROCUREMENT REPORTING FORM, unless one of the following exemptions applies. RCRA provides the following exemptions from the requirement to purchase EPA-designated items:The product is not available from a sufficient number of sources to maintain a satisfactory level of competition (i.e., available from two or more sources).The product is not available within a reasonable period of time.The product does not meet the performance standards in applicable specifications or fails to meet reasonable performance standards of the procuring agency.The product is not available at a reasonable price. For VA purposes, "unreasonable price" is defined as follows: If the price of the recycled-content product exceeds the cost of a non-recycled item, then the price is considered unreasonable.Contractor ResponsibilityThe Contractor is responsible for completion of the Form with respect to the work and products being provided. The Prime Contractor is responsible for insuring that all sub-Contractors comply with this order. Each Contractor shall provide written documentation to support his/her decision not to acquire items meeting the minimum content levels. This documentation shall be forwarded to the Contracting Officer for review and approval. In the event the documentation fails to support the Contractor's findings, the Contracting Officer's Representative shall return the documentation to the Contractor citing the reason(s) for disapproval. The Contractor shall resubmit and address the deficiencies. Contractor is cautioned not to proceed with acquiring non-compliant materials until the Contracting Officer’s approval is received.U.S. EPA DESIGNATED ITEMSThe EPA-designated items are available at: intent of this section is to increase the awareness of all Contractors as to the availability of products manufactured from, or that contain recycled materials, thereby increasing the use of these products in the construction of this project.The various sections of the specifications contain references to products to be used in the construction of this project. The listed product may or may not be manufactured from or contain recycled materials. Therefore, all Contractors, Sub-contractors, equipment suppliers, and material suppliers are responsible for compliance with this specification. Recycled products shall be used wherever possible subject to the exemptions as per the paragraph entitled EXEMPTIONS. Substitution of recycled materials or recycled products for specified products are subject to the provisions of the paragraph entitled 1.8 Exemptions.RECYCLED OR RECOVERED PRODUCTSAll construction materials to be used in this project, unless on existing exemption list, is to be identified on the Form at the end of this section.QUALITY ASSURANCECompanies specializing in the manufacture of products that comply with the requirements of this section shall have a minimum of three (3) years documented experience.INSTALLATIONAll products shall be installed per manufacturer's instructions. AFFIRMATIVE PROCUREMENT REPORTING FORM(PER EXECUTIVE ORDER 13101)PROJECT NUMBER: ___________________________________BLDG NUMBER: _______________________________________PROJECT MANAGER___________________________________PROJECT INSPECTOR: _________________________________CONTRACTOR: ________________________________________This form is to be completed by the Contractor and submitted to the Contracting Officer. RECYCLED OR RECOVEREDPRODUCTTOTAL RECOVERED MATERIALS CONTENT (RMC) (%)ACTUAL RMC (%)QUANTITYUSED/UIEXEMPTED1,2,3,4Rock Wool Insulation75%Fiberglass Insulation20-25%Cellulose loose fill/Spray-on Insulation75%Perlite Composition Board Insulation23%Plastic Rigid Foam Insulation9%Plastic Foam In Place Insulation5%Plastic Foam, Glass Fiber Reinforced Insulation6%Phenolic Rigid Foam Insulation5%Structural Fiber Board80-100%Laminated Paper Board100%Cement/Concrete (FLYASH)SEE SPECHigh Fly Ash Flowable Fills95%Low Fly Ash Content Flowable Fill6-14%Carpet (PET)25-100%Bonded polyurethane Carpet Cushion15-50%Jute Carpet Cushion40%Synthetic fibers Carpet Cushion100%Rubber Carpet Cushion60-90%Rubber Plastic Patio Blocks90-100%Rubber or Plastic Floor Tile90-100%Steel Restroom Divider/Partition16%Plastic Restroom Divider/Partition20-100%Concrete Railroad Crossing15-20%Rubber Railroad Crossing85-95%Steel Railroad Crossing25-30% BOF/100% EAFTraffic cones made from PVC, LDPE, crumb rubber50-100% Traffic Barricades (Type I and II only) made from HDPE, LDPE, PET, steel, fiberglass100% Channelizers, Plastic25-95% Channelizers, rubber base100% Delineators, plastic25-90% Delineators, rubber base100% Delineators, steel base25-50% Flexible plastic delineators25-85% Parking Stops, Plastic or Rubber100% Parking Stops, Concrete containing coal fly ash20-40% Parking Stops, Concrete containing Ground-Granulated Blast Furnace Slag25-70% Playground Surfaces, including rubber or plastic90-100%Plastic Fencing for use to control snow, drifting sand, or as a safety barrier90-100%Running Tracks. Including rubber or plastic90-100%Plastic Park benches and Picnic Tables 100 %Plastic composite Park benches and Picnic Tables100%Aluminum Park benches and Picnic Tables25%Concrete Park benches and Picnic Tables15-40%Steel Park benches and Picnic Tables25-30 % BOF/100% EAFPlastics Playground Equipment100%Plastic Composites Playground Equipment95-100%Steel Playground Equipment25-30 % BOF/100% EAFAluminum Playground Equipment25%Garden hose, rubber or plastic60-65% post-consumer materialsSoaker hose, rubber or plastic60-70% post-consumer materialsLawn/garden edging, plastic or rubber30-100% Paper-based hydraulic mulch100%Wood-based hydraulic mulch100%Compost Purchase or use compost made from yard trimmings, leaves, grass clippings, and food waste100%HDPE lumber timbers and posts75-100% Mixed plastics/Sawdust lumber timbers and posts100% HDPE/Fiberglass lumber timbers and posts95%Other mixed resins lumber timbers and posts95-100% Latex Paint; white, off-white or pastel colors20% Latex Paint; gray, brown, earth-tones, other dark colors50-99% Consolidated Latex Paint (when color and performance don’t matter).100% Plastic Non-road Signs80-100%Aluminum Signs25%Plastic Sign Posts and Supports80-100%Steel Sign Posts and Supports25-30 % BOF/100% EAFAwards and Plaques Glass75-100Wood100%Paper40-100 Plastic and Plastic/ Wood Composite50-100CementASTM C 595, “Standard Specification for Blended Hydraulic Cements”ASTM C 150, “Standard Specification for Portland Cement”AASHTO M 240, “Blended Hydraulic Cements”ConcreteASTM C 618, “Standard Specification for Fly-Ash and Raw or Calcined Natural Pozzolans For Use as a Mineral Admixture in Portland Cement Concrete”ASTM C 311, “Standard Methods of Sampling and Testing Fly-Ash and Natural Pozzolans for Use as a Mineral Admixture in Portland Concrete Cement”ASTM C 989, “Ground-Granulated Blast Furnace Slag for Use in Concrete Mortars”AASHTO M 302, “Ground-Granulated Blast Furnace Slag for Use in Concrete and Mortars”American Concrete Institute Standard Practice ACI 226.R1, “Ground-Granulated Blast Furnace Slag as a Cementitious Constituent in Concrete”The following exemptions may apply to the non-procurement of recycled/recovered content materials:1) The product does not meet appropriate performance standards2) The product is not available within a reasonable time frame3) The product is not available competitively (from two or more sources)4) The product is only available at an unreasonable price (compared with a comparable non-recycled content product.)CERTIFICATIONI hereby certify the Statement of Work/Specifications for the requisition/procurement of all materials listed on this form complies with EPA standards for recycled/recovered materials content.ContractorContract InspectorEND OF SECTION 01001SECTION 01300 SUBMITTALSWHERE THE FOLLOWING REQUIREMENTS DIFFER FROM REQUIREMENTS ESTABLISHED BY A SPECIFIC TASK ORDER, THE TASK ORDER REQUIREMENTS SHALL GOVERN.PART 1 GENERALINTRODUCTION The following guidance is to be followed for all construction related submittals, all submittals required in Division 1 specifications and all submittals identified in Statements of Work as requiring Contracting Officer approval.SUBMITTAL CLASSIFICATION/IDENTIFICATIONThroughout these specifications submittals may be identified with the prefix "SD" followed by a number. This number and prefix are for book keeping and record sorting in the system. The SD stands for submittal data and the number is a category, e.g., data, drawings, reports, etc. The submittal register shows either the title of the item being submitted or the number and title of the item being submitted. These numbers, if used, may be different in different sections of these specifications for items with the same title. SD-01 Data: Submittals that provide calculations, descriptions, or documentation regarding the work.SD-04 Drawings: Submittals which graphically show relationship of various components of the work, schematic diagrams of systems, details of fabrication, layouts of particular elements, connections, and other relational aspects of the work.SD-06 Instructions: Preprinted material describing installation of a product, system or material, including special notices and material safety data sheets, if any, concerning impedances, hazards, and safety precautions.SD-07 Schedules: Tabular lists showing location, features, or other pertinent information regarding products, materials, equipment, or components to be used in the work.SD-08 Statements: A document, required of the Contractor, or through the Contractor, from a supplier, installer, manufacturer, or other lower tier Contractor, the purpose of which is to confirm the quality or orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel, qualifications, or other verifications of quality.SD-09 Reports: Reports of inspections or tests, including analysis and interpretation of test results. Each report shall be properly identified. Test methods used shall be identified and test results shall be recorded.SD-13 Certificates: Statement signed by an official authorized to certify on behalf of the manufacturer of a product, system or material, attesting that the product, system or material meets specified requirements. The statement must be dated after the award of this contract, must state the Contractor's name and address, must name the project and location, and must list the specific requirements, which are being certified.SD-14 Samples: Samples, including both fabricated and non-fabricated physical examples of materials, products, and units of work as complete units or as portions of units of work.SD-18 Records: Documentation to record compliance with technical or administrative requirements.SD-19 Operation and Maintenance Manuals: Data that forms a part of an operation and maintenance manual.Submittal Classification: Submittals are classified as follows:Government ApprovedGovernment (Contracting Officer) approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer. Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction" they are considered to be "shop drawings." Submit in four (4) copies unless specific project specifies rmation OnlyAll submittals not requiring Government approval will be for information only. They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above. Submit one copy.Basic Contract SubmittalsBasic Contract submittals can be Government Approved or Information Only. Basic contract submittals are submittals that are generic in nature for all work under the IDIQ and shall be identified by the Contractor (annotation of Basic Submittal in the remarks column of the Electronic Submittal Form) when providing his/her submittal register for approval in accordance with paragraph Submittal Register of this section. Basic contract submittals shall be submitted within 15 days of approval of the submittal register. The Contract Quality Control Plan, the Contract Safety Plan, the Infection Control Plan and submittals required by Section 01451 that impact the contract as a whole are mandatory Basic Contract Submittals.Task Order Specific SubmittalsTask Order specific submittals can be Government Approved or Information Only. These submittals are identified in each specific task order and describe task order specific requirements of materials and/or procedures. Task Order specific submittals shall be available at time of negotiations (as applicable) and submitted for final approval within 10 days of notice-to-proceed for the respective Task Order. The Contractor may request approval to use Task Order specific submittals as Basic Contract submittals.APPROVED SUBMITTALSThe approval of submittals by the Contracting Officer shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error, which may exist, as the Contractor under the CQC requirements of this contract, is responsible for the dimensions and design of adequate connections, details and satisfactory construction of all work. After the Contracting Officer has approved submittals, no re-submittal for the purpose of substituting materials or equipment will be given consideration unless accompanied by an explanation as to why a substitution is necessary.DISAPPROVED SUBMITTALSThe Contractor shall make all corrections required by the Contracting Officer and promptly furnish a corrected submittal in the form and number of copies as specified for the initial submittal. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, notice as required under the Contract Clause entitled "Changes" shall be given promptly to the Contracting Officer.WITHHOLDING OF PAYMENTPayment for materials incorporated in the work will not be made if required approvals have not been obtained.PART 2 PRODUCTS (Not Applicable)PART 3 EXECUTIONGENERALThe Contractor shall submit all items listed on the Submittal Register for each Task Order or specified in the other sections of these specifications. The Contracting Officer may request submittals in addition to those listed when deemed necessary to adequately describe the work covered in the respective sections. Units of weights and measures used on all submittals shall be the same used in the contract drawings. Submittals shall be made in the respective number of copies and to the respective addresses set forth in the task order. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Prior to submittal, all items shall be checked and approved by the Contractor's Quality Control (CQC) Representative. And each item of the submittal shall be stamped, signed, and dated and each respective transmittal form (Electronic Material Submittal), or approved equivalent, shall be signed and dated by the CQC Representative certifying that the accompanying submittal complies with the contract requirements. This procedure applies to all transmittals regardless of classification (Information Only or Government Approved). Proposed deviations from the contract requirements shall be clearly identified. Submittals shall include items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders; samples: O&M manuals including parts list; certifications; warranties and other such required submittals. Submittals requiring Government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby.Submittals shall be submitted electronically as specified by individual Task Orders:SUBMITTAL REGISTERTask Order Specific Submittals: Each Task Order will have a list of each item of equipment and material for which submittals are required by the Special Clauses and the Technical Specifications Divisions 1 through 16. The Contractor shall fill in the date entitled “Required Submission Date” and return 1 completed copy of the list to the Contracting Officer for approval within 10 calendar days after Task Order Notice to Proceed.Contractor shall review the list to ensure its completeness and may expand general category listings to show individual entries for each item. As an example, a general category in the listing for Specification 15400 would be "Fixtures" which the Contractor may want to breakdown into individual entries such as "Toilet P-l, Lavatory P-2, etc." The line numbers in column 1 are to be assigned sequentially starting with "1" for each specification section.The approved submittal register will become the scheduling document and will be used to control submittals throughout the life of the Task Order. This register, Contractor's schedule dates, and the progress schedules shall be coordinated.TRANSMITTAL FORM (Form or approved equivalent)The transmittal form (Material Submittal) shall be used for submitting both Government Approved and Information Only submittals in accordance with the instructions on the reverse side of the form. A reproducible form will be furnished to the Contractor. All the heading blank spaces in the form identifying each item submitted shall be properly and completely filled out. Special care will be exercised to ensure proper listing of the specification paragraph and/or sheet number of the contract drawings pertinent to the data submitted for each item.CROSS-REFERENCE (Contractor’s Material Submittal Form)To provide a cross-reference between the submittals of the Submittal Register and the Contractor’s transmittal form the Contractor shall record on the Contractor’s transmittal form the "transmittal numbers" assigned when submitting materials. DO NOT pre-assign transmittal numbers when preparing the submittal register. Additional comments and instructions may be inscribed on the transmittal form.SUBMITTAL PROCEDURESubmittals shall be made as follows:GeneralShop drawings and Transmittal Form shall be submitted in the number of copies specified in subparagraphs 1.1.11.1 "Government Approved “and 1.1.11.2 "Information Only." The transmittal document shall be initiated by the Contractor in accordance with the instructions herein. Each submittal item shall be listed separately on the form, naming subcontractor, supplier, or manufacturer, applicable specification paragraph number(s), drawing/sheet number, pay item number, and any other information needed to identify the item, define its use, and locate it in the work. One or more Transmittal Forms shall be used per specification SECTION, however, never include more than one specification SECTION per form. Each submittal shall be complete, containing all information needed to determine contract compliance.Approval of SubmittalsAll submittals shall be Contractor approved; however, certain specified submittals will also require Government approval. Government approval is required when submittals:Are specially identified in the Submittal Register for Government approval, orAre extensions of design, orDepict deviation from the contract (such as an "or equal" decision), orRepresent critical materials, orInvolve equipment that must be checked for compatibility with an entire system.All other submittals are for information only.Before submission, Contractor shall review and correct shop drawings prepared by subcontractors, suppliers, and itself, for completeness and compliance with plans and specifications. Contractor shall not use red markings for correcting material to be submitted. Red markings are reserved for Contracting Officer use. Approval by Contractor shall be indicated on each shop drawing by an "Approval" stamp containing information as shown on stamp outline in paragraph 3.12, CONTRACTOR APPROVAL STAMP. Suppliers' or subcontractors' certifications are not acceptable as meeting this requirement. Submittals not conforming to the requirements of this Section will be returned to the Contractor for correction and resubmittal.DeviationsFor submittals which include proposed deviations (variations) requested by the Contractor, a full description of the proposed deviation or deviations shall be provided on the transmittal form AND ONE COPY SUBMITTED for Government Approval. The Contractor shall set forth in writing the justification for any deviations and annotate such deviations on the submittal. The Government reserves the right to rescind inadvertent approval of submittals containing unnoted deviations.Certification: The contractor is responsible for and shall certify that the submittals comply with contract requirements.DrawingsEach drawing shall be not more than 28 inches high by 40 inches wide, with a title block in lower right hand corner and a 3- by 4-inch clear area adjacent. Title block shall contain subcontractors or fabricator's name, Contract number, description of item(s), bid item number, and a revision block. Contractor shall submit the required number of prints of any type, except blueprints. Provide a blank margin of 3/4 inch at bottom, 2 inches at left, and 1/2 inch at top and right. Where drawings are submitted for assemblies of more than one piece of equipment or systems of components dependent on each other for compatible characteristics, complete information shall be submitted on all such related components at the same time. Contractor shall ensure that information is complete and that sequence of drawing submittal is such that all information is available for reviewing each drawing. Drawings for all items and equipment, of special manufacture or fabrication, shall consist of complete assembly and detail drawings. All revisions after initial submittal shall be shown by number, date, and subject in revision block.Printed MaterialAll requirements for shop drawings shall apply to catalog cuts, illustrations, printed specifications, or other data submitted, except 3- by 4-inch clear area adjacent to the title block is not mandatory. Inapplicable portions shall be marked out and applicable items such as model numbers, sizes, and accessories shall be indicated.Changes To Previous SubmittalsIt is the Government's intent to standardize equipment and materials utilized and installed in this contract. In the event the Contractor desires to change materials or equipment previously submitted, the Contractor must annotate the transmittal form as "Change to previous transmittal number ", and forward the submittal for Government Approval.SAMPLES REQUIRING LABORATORY ANALYSISSee SECTION: 01400 CONTRACTOR QUALITY CONTROL for procedures and address for samples requiring Government testing. If testing is to be accomplished by the Contractor the requirements of the same section shall apply.SAMPLES REQUIRING VISUAL INSPECTIONSamples requiring only physical inspection for appearance and suitability shall be handled in accordance with paragraph, 3.6 SUBMITTAL PROCEDURE.FIELD TEST REPORTSRoutine daily tests such as soil density, concrete deliveries and routine pressure testing shall be delivered to the Contracting Officer with the daily Quality Control reports. See SECTION: 01451 CONTRACTOR QUALITY CONTROL for daily Quality Control Reports/Inspection Reports.CONTROL OF SUBMITTALSThe Contractor shall carefully control his/her procurement operations to ensure that each individual submittal is made on or before the Contractor scheduled submittal date shown on the approved "Submittal Register."GOVERNMENT APPROVED SUBMITTALS (SUBMIT 5 COPIES if not via email and electronic version)Upon completion of review of submittals requiring Government approval, the submittals will be identified as having received approval by being either digitally signed or stamped and dated. Submittals will be returned via email unless there is a need to send a hard copy. Supporting data for each submittal may be submitted via email as well. If sending via email is not possible due to large files, the government will retain one copy of the submittal.PROCESSING OF GOVERNMENT APPROVED SUBMITTALSElectronic Submittals and supporting data is the preferred method. Supporting data may be scanned in and sent via email with the electronic material submittal. The Government may request the Contractor to establish a shared drive to facilitate the approval of the submittals. Should this request be made, the Contractor shall provide the shared drive at no additional cost to the Government. If hard copies are required/provided, One (1) copy of all submittals requiring Government approval shall be submitted. A completed copy of the Submittal Form attached to it shall identify each copy submitted. Submittals will be reviewed and processed as follows:Approved as Submitted: Shop drawings which can be approved without correction will be stamped "Approved" and two prints, or two copies of catalog and other printed data, will be returned to the Contractor.Approved Except as Noted: Shop drawings that have only minor discrepancies will be annotated in red to indicate necessary corrections. Marked material will be stamped "Approved Except as Noted" and returned to the Contractor for correction. Distribution will be the same as for Approved as Submitted" submittals.Approved Except as Noted – Resubmission required : Shop drawings that are incomplete or require more than minor corrections will be annotated in red to indicate necessary corrections. Marked material will be stamped "Approved Except as Noted - Resubmission Required" and returned to the Contractor for correction. Two prints, or two copies of catalog and other printed data, will be returned to the Contractor. The Contractor need only resubmit the part of the submittal showing the corrections.Disapproved: Shop drawings which are fundamentally in error, cover wrong equipment or construction, or require extensive corrections, will be returned to the Contractor stamped "Disapproved." An explanation will be furnished on the submitted material or on Material Submittal Form indicating the reason for disapproval. Distribution will be the same as "Approved Except as Noted" submittals.Re-submittal will not be required for shop drawings stamped "Approved as Submitted" or "Approved Except as Noted" unless subsequent changes are made by Contractor or a contract modification. For shop drawings stamped "Approved Except as Noted–Resubmission required” or "Disapproved", the Contractor shall make corrections required, note any changes by dating the revisions to correspond with file change request date, and promptly resubmit the corrected material. Re-submittals shall reference the submittal number of the original rejected submittal. Government costs incurred after the first re-submittal will be charged to the RMATION ONLY SUBMITTALS (SUBMIT 1 COPY if not via email and electronic version)Normally submittals for information only will not be returned. Approval of the Government is not required on information only submittals. These submittals will be used for information purposes. The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract. The resubmittal shall be reclassified as Government approved submittal. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications and will not prevent the Contracting Office from requiring removal and replacement if nonconforming material is incorporated in the work. This does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or check testing by the Government in those instances where the technical specifications so prescribe.Processing of Information Only SubmittalsElectronic submittals or one copy of submittals that are submitted for information only shall be submitted prior to delivery of the material or equipment to the job site. Each copy submitted shall be identified by having a completed copy of the Contractor’s Transmittal Form attached to it. Submittal Transmittal Form shall be marked as follows to identify the Contractor approved submittals. The words "Contractor approved -information copy only" shall be placed in the remarks block of the form. Submittals will be monitored and spot checks will be made. When such checks indicate noncompliance, Contractor will be notified by the same method used for Government approvals. In the event the Contractor requests evidence of Government receipt of submittals, an additional completed Submittal Transmittal Form shall be submitted (without attachments) which will be returned to the Contractor to signify that the submittal has been receivedCONTRACTOR APPROVAL STAMPThe stamp used by the Contractor on the submittal data to certify that the submittal meets contract requirements shall be similar to the following:CONTRACTOR:CONTRACT NO.TRANSMITTAL NO.ITEM NO.SPECIFICATION SECTIONPARAGRAPH NO.APPROVED: YESNOAPPROVED WITHCORRECTIONS AS NOTED ON SUBMITTAL DATAON ATTACHED COMMENT SHEETSIGNATURE:TITLE:DATECONTRACTOR'S REVIEW STAMPMAXIMUM SIZE 3-INCHES X 3-INCHESTRANSMITTAL CHECK LISTThe following check list is intended to aid in the preparation of the submittal transmittal form and related transmittals and is intended only as a partial summary of requirements stated elsewhere within this specification.(1) DO NOT submit multiple 5-digit specification sections on one submittal transmittal form.(2) Transmittal # 1 shall be the Submittal Register. Subsequent submittals shall be numbered sequentially as submitted except for resubmittals. Resubmittals must be related to the parent (original) transmittal, i.e. transmittal no. 2 resubmittal would be number 2A, etc.(3) Government Approval; Submit 1 electronic copy of enclosures; each with submittal transmittal form attached. Information only; Submit 1 electronic copy of enclosures, each with submittal transmittal form attached and 1 additional copy (optional) of the Submittal Form.(4) Break the submittal into items that can be reviewed independently. For a transmittal with more than 9 items use multiple sets of Submittal Forms.(5) Item numbers must be written on the enclosures and the Submittal Form.(6) Only ONE copy with the information required by items 2 and 5 above should be collated by items into a booklet form.(7) Each item of an enclosure shall be "approval stamped" by the Contractor.(8) Enter the specification technical paragraph for each Item on the Submittal Form.(9) Identify the contract drawing number that applies, if applicable, on Submittal Form.(10)Variations shall be identified in on Submittal Form and justified on the form.(11) Cross out inapplicable portions of submitted data or point to exact equipment being used on the project.(12) Allow a minimum 30 days (15 days for Task Order Specific) for submittals requiring Government Approval. Justify exceptions for shorter periods.(13) SIGN the Submittal Form.END OF SECTION 01300SECTION 01451 CONTRACTOR QUALITY CONTROLWHERE THE FOLLOWING REQUIREMENTS DIFFER FROM REQUIREMENTS ESTABLISHED BY A SPECIFIC TASK ORDER, THE TASK ORDER REQUIREMENTS SHALL GOVERN.PART 1 GENERALREFERENCESThe publications listed below form a part of this specification to the extent referenced. The publications are referred to in the next by basic designation only.AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)ASTM D 3740(1988) Evaluation of Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and ConstructionASTM E 329(1990) Use in the Evaluation of Testing and Inspection Agencies as Used in ConstructionPAYMENTSeparate payment will not be made for providing and maintaining an effective Quality Control program, and all costs associated therewith shall be included in the applicable unit prices or lump-sum prices contained in the Pricing Schedule for each task order.PART 2 PRODUCTS (Not Applicable)PART 3 EXECUTIONGENERALThe Contractor is responsible for quality control and shall establish and maintain an effective quality control system in accordance with the clause entitled 52.246-12, “Inspection of Construction," in the Contract Clauses of this document.The quality control system shall consist of plans, procedures, and organization necessary to produce an end product that complies with the contract requirements. The system shall cover all construction and demolition operations, both on-site and off-site, and shall be keyed to the proposed sequence.QUALITY CONTROL PLANGeneralThe Contractor shall furnish for review by the Government, not later than 30 days after award of the minimum guarantee task order, the Contractor Quality Control (CQC) Plan proposed to implement the requirements of the Contract Clause entitled "Inspection of Construction." The plan shall identify personnel, procedures, control, instructions, test, records, and forms to be used. The Government will consider an interim plan for the first 30 days of operation. Construction will be permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. Work outside of the features of work included in an accepted interim plan will not be permitted to begin until acceptance of a CQC Plan or another interim plan containing the additional features of work to be started.Content of the Basic CQC PlanThe Basic CQC plan shall be submitted to cover the intended CQC organization for the entire contract (encompassing all task orders) and shall include, as a minimum, the following to cover all construction operations, both on-site and off-site, including work by subcontractors, fabricators, suppliers and purchasing agents:A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the CQC staff shall implement the three phase control system (see paragraph 3.6, Control) for all aspects of the work specified. The staff shall include a CQC Manager who shall report to the Project manager or someone higher in the Contractor's organization. Project manager in this context shall mean the individual with responsibility for the overall management of the project including quality and production.The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a QC function.A copy of the letter to the CQC Manager signed by an authorized official of the firm which describes the responsibilities and delegates sufficient authorities to adequately perform the functions of the CQC Manager including authority to stop work which is not in compliance with the contract. The CQC Manager shall issue letters of direction to all other various quality control representatives outlining duties, authorities and responsibilities. Copies of these letters will also be furnished to the Government.Procedures for scheduling, reviewing, certifying, and managing submittals, including those of subcontractors, off-site fabricators, suppliers and purchasing agents. These procedures shall be in accordance with Section 01300 SUBMITTALS.Control, verification and acceptance testing procedures for each specific test to include the test name, specification paragraph requiring test, feature of work to be tested, test frequency, and person responsible for each test. (Laboratory facilities will be approved by the Contracting Officer.)Procedures for tracking preparatory, initial, and follow up control phases and control, verification, and acceptance tests including documentation.Procedures for tracking deficiencies from identification through acceptable corrective action. These procedures will establish verification that identified deficiencies have been corrected.Reporting procedures, including proposed reporting formats. This shall include a copy of the Daily CQC report form.Task Order Addendum CQC PlanFor each individual task order submit a CQC Addendum Plan within 10 days of receipt of task order NTP. Proposed changes to file Basic Plan or items requiring additional details of description required implementing the Basic CQC Plan or of a site specific nature shall be covered in the Addendum Plan. Include a list of the definable features of work for the task order. A definable feature of work is a task that is separate and distinct from other tasks and has separate control requirements. Although each section of the specifications may generally be considered as a definable feature of work, there are frequently more than one definable feature under a particular section. This list will be agreed upon during the coordination meeting. Any proposed changes to the basic CQC organization shall be approved before commencement of construction.Acceptance of PlansAcceptance of the Contractor's basic and addendum plans is required prior to the start of construction. Acceptance is conditional and will be predicated on satisfactory performance during the construction. The Government reserves the right to require the Contractor to make changes in his/her CQC plan and operations including removal of personnel, as necessary, to obtain the quality specified.Notification of ChangesAfter acceptance of the QC plan, the Contractor shall notify the Contracting Officer in writing a minimum of seven calendar days prior to any proposed change. Proposed changes are subject to acceptance by the Contracting Officer.COORDINATION MEETINGAfter the Pre-construction Conference, before start of construction, and prior to acceptance by the Government of the Quality Control Plan, the Contractor shall meet with the Contracting Officer or Authorized Representative and discuss the Contractor's quality control system. During the meeting, a. mutual understanding of the system details shall be developed, including the forms for recording the CQC operations, control activities, testing, administration of the system for both on-site and off-site work, and the interrelationship of Contractor's Management and control with the Government's Quality Assurance. There may be occasions when subsequent conferences may be called by either party to reconfirm mutual understandings and/or address deficiencies in the CQC system or procedures that may require corrective action by the Contractor.QUALITY CONTROL ORGANIZATIONCQC ManagerThe Contractor shall identify an individual within his/her organization at the site of the work who shall be responsible for overall management of CQC and have the authority to act in all CQC matters for the Contractor. This CQC Manager or designated CQC staff representative shall be on the site at all times during construction and will be employed by the Contractor, except as noted in the following. An alternate for the CQC Manager will be identified in the plan to serve in the event of the system manager's absence. Period of absence may not exceed 2 weeks at any one time. The requirements for the alternate will be the same as for the designated CQC manager.CQC Organizational StaffingA staff shall be maintained under the direction of the CQC manager to perform all QC activities. The staff must be of sufficient size to ensure adequate QC coverage of all work phases, work shifts, and work crews involved in the construction. These personnel may perform other duties, but must be fully qualified by experience and technical training to perform their assigned QC responsibilities and must be allowed sufficient time to carry out these responsibilities. The QC plan will clearly state the duties and responsibilities of each staff member. The Contractor shall provide a CQC staff, which shall be at the site of work at all times during progress, with complete authority to take any action necessary to ensure compliance with the contract.CQC StaffFollowing are the minimum requirements for the CQC staff. These minimum requirements will not necessarily assure an adequate staff to meet the CQC requirements at all times during construction. The actual strength of the CQC staff may vary during any specific work period to cover the needs of the work period. When necessary for a proper CQC organization, the Contractor will add additional staff at no cost to the Government. This listing of minimum staff in no way relieves the Contractor of meeting the basic requirements of quality construction in accordance with contract requirements. All CQC staff members shall be subject to acceptance by the Contracting Officer.CQC ManagerThe CQC manager shall be an experienced construction person, with a minimum of 3 years construction experience on similar type work. Organizational ChangesThe Contractor shall obtain Contracting Officer's acceptance before replacing any member of the CQC staff: Requests shall include the names, qualifications, duties, and responsibilities of each proposed replacement.SUBMITTALSSubmittals shall be as specified in Section 01300 SUBMITTALS. The CQC organization shall be responsible for certifying that all submittals are in compliance with the contract requirements. The Government will furnish copies of test report forms upon request by the Contractor. The Contractor may use other forms as approved.CONTROLContractor Quality Control is the means by which the Contractor ensures that the construction, to include that of subcontractors and suppliers, complies with the requirements of the contract. The controls shall be adequate to cover all construction operations, including both on-site and off-site fabrication, and will be keyed to the proposed construction sequence. The controls shall include at least three phases of control to be conducted by the CQC manager for all definable features of work, as follows:Preparatory PhaseThis phase shall be performed prior to beginning work on each definable feature of work and shall include:A review of each paragraph of applicable specifications.A review of the contract plans.A check to assure that all materials and/or equipment have been tested, submitted, and approved.A check to assure that provisions have been made to provide required control inspection and testing.Examination of the work area to assure that all required preliminary work has been completed and is in compliance with the contract.A physical examination of required materials, equipment, and sample work to assure that they are on hand, conform to "approved" shop drawing or submitted data, and are properly stored.A review of the appropriate activity hazard analysis to assure safety requirements are met.Discussion of procedures for constructing the work including repetitive deficiencies. Document construction tolerances and workmanship standards for that phase of work.A check to ensure that the portion of the plan for the work to be performed has been accepted by the Contracting Officer.The Government shall be notified at least 48 hours in advance of beginning any of the required action of the preparatory phase. This phase shall include a meeting conducted by the CQC manager and attended by the superintendent, other CQC personnel (as applicable), and the foreman responsible for the definable feature. The results of the preparatory phase actions shall be documented by separate minutes prepared by the CQC manager and attached to the daily QC report. The Contractor shall instruct applicable workers as to the acceptable level of workmanship required in order to meet contract specifications.Initial PhaseThis phase shall be accomplished at the beginning of a definable feature of work. The following shall be accomplished:A check of preliminary work to ensure that it is in compliance with contract requirements. Review minutes of the preparatory meeting.Verification of full contract compliance. Verify required control inspection and testing.Establish level of workmanship and verify that it meets minimum acceptable workmanship standards. Compare with sample panels is appropriate.Resolve all differences.Check safety to include compliance with and upgrading of the safety plan and activity hazard analysis. Review the activity analysis with each worker.The Government shall be notified at least 48 hours in advance of beginning the initial phase. Separate minutes of this phase shall be prepared by the CQC manager and attached to the daily QC report. Exact location of initial phase shall be indicated for future reference and comparison with follow-up phases.The initial phase should be repeated for each new crew to work on-site, or any time acceptable specified quality standards are not being met.Follow-up PhaseDaily checks shall be performed to assure continuing compliance with contract requirements, including control testing, until completion of the particular feature of work. The checks shall be made a matter of record in the CQC documentation and shall document specific results of inspections for all features of work for the day or shift. Final follow-up checks shall be conducted and all deficiencies corrected prior to the start of additional features of work that will be affected by the deficient work. The Contractor shall not build upon or conceal non-conforming work.Additional Preparatory and Initial PhasesAdditional preparatory and initial phases may be conducted on the same definable features of work as determined by the Government if the quality of on-going work is unacceptable; or if there are changes in the applicable QC staff or in the on-site production supervision or work crew; or if work on a definable feature is resumed after a substantial period of inactivity, or if other problems develop.TESTSTesting ProcedureThe Contractor shall perform tests specified or required to verify that control measures are adequate to provide a product, which conforms to contract requirements. The Contractor shall procure the services of a licensed testing laboratory. A list of tests to be performed shall be furnished as a part of the task order specific CQC plan. The list shall give the test name, frequency, specification paragraph containing the test requirements, the personnel and laboratory responsible for each type of test, and an estimate of the number of tests required. The Contractor shall perform the following activities and record and provide the following data:Verify that testing procedures comply with contract requirements.Verify that facilities and testing equipment are available and comply with testing standards.Check test instrument calibration data against certified standards.Verify that recording forms and test identification control number system, including all of the test documentation requirements, have been prepared.Results of all tests taken, both passing and failing tests, will be recorded on the Quality Control report for the date taken. Specification paragraph reference, location where tests were taken, and the sequential control number identifying the test will be given. Actual test reports may be submitted later, if approved by the Contracting Officer, with a reference to the test number and date taken. An information copy of tests performed by an off-site or commercial test facility will be provided directly to the Contracting Officer. Failure to submit timely test reports, as stated, may result in nonpayment for related work performed and disapproval of the test facility for this contract. Test results shall be signed by an Engineer Registered in the state where the tests are performed.Testing LaboratoriesLaboratory facilities, including personnel and equipment, utilized for testing soils, concrete, asphalt and steel shall meet criteria detailed in ASTM D 3740 and ASTM E 329, and be accredited by the American Association of Laboratory Accreditation (AALA), National Institute of Standards and Technology (NIST), National Voluntary Laboratory Accreditation Program (NVLAP), the American Association of State Highway and Transportation Officials (AASHTO), or other approved national accreditation authority. All personnel performing concrete testing shall be certified by the American Concrete Institute (ACI).COMPLETION INSPECTIONAt the completion of all work or any increment thereof established by a completion time stated in the Task Order, the CQC manager shall conduct an inspection of the work and develop a "punch list" of items which do not conform to the approved plans and specifications. Such a list of deficiencies shall be included in the CQC documentation, as required by paragraph DOCUMENTATION below, and shall include the estimated date by which the deficiencies will be corrected. The CQC manager or staff shall make a second inspection to ascertain that all deficiencies have been corrected and so notify the Government. These inspections and any deficiency corrections required by this paragraph will be accomplished within the time stated for completion of the entire work or any particular increment thereof if the project is divided into increments by separate completion dates.DOCUMENTATION.The Contractor shall maintain current records of quality control operations, activities, and tests performed, including the work of subcontractors and suppliers. These records shall be on an acceptable form and shall be a complete description of inspections, the results of inspections, daily activities, tests, and other items, including but not limited to the following:Contractor/subcontractor and their area of responsibility.Operating plant/equipment with hours worked, idle, or down for repair.Test and/or control activities performed with results and references to specifications/plan requirements. The control phase should be identified (Preparatory, Initial, Follow-up). List deficiencies noted along with corrective action.Material received with statement as to its acceptability and storage.Identify submittals reviewed, with contract reference, by whom, and action taken.Off-site surveillance activities, including actions taken.Job safety evaluations stating what was checked, results, and instructions or corrective actions.List instructions given/received and conflicts in plans and/or specifications.Contractor's verification statement.Separate reports shall be submitted by the responsible CQC inspectors for each individual Task Order. The report shall contain a record of inspections for all work accomplished subsequent to the previous report. Separate reports for different phases of work may be submitted by the responsible CQC inspectors or the reports may be consolidated into one report if all CQC activities and results are covered and the responsible CQC inspectors are identified.These records shall indicate a description of trades working on the project; the number of personnel working; weather conditions encountered; and any delays encountered. These records shall cover both conforming and deficient features and shall include a statement that equipment and materials incorporated in file work and workmanship comply with the contract. The original and one copy of these records in report form shall be furnished to the Government weekly, except that reports need not be submitted for weeks in which no work is performed. As a minimum, one report shall be prepared and submitted for every seven days of no work. All calendar days shall be accounted for throughout the life of the contract. Reports shall be signed and dated by the CQC system manager. The report from the CQC system manager shall include copies of test reports and copies of reports prepared by all subordinate quality control personnel.NOTIFICATION OF NONCOMPLIANCEThe Contracting Officer will notify the Contractor of any detected noncompliance with the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor at the site of the work, shall be deemed sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the Contracting Officer may Issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop work orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor.END OF SECTION 01451SECTION 01700 WHERE THE FOLLOWING REQUIREMENTS DIFFER FROM REQUIREMENTS ESTABLISHED BY A SPECIFIC TASK ORDER, THE TASK ORDER REQUIREMENTS SHALL GOVERN.PART 1 GENERAL - AS-BUILT RECORDS AND DRAWINGS, O & M MANUALS, AND WARRANTY OF CONSTRUCTIONSUBMITTAL PROCEDURESSubmittals shall be made in accordance with SECTION 01300: SUBMITTALS. Submittal dates shall be as defined in this section.AS-BUILT FIELD DATA:General: The contractor shall keep at the construction site a complete set of full size black line prints or drawings/sketches, reproduced at contractor expense. During construction, these prints shall be marked to show all deviations in actual construction from the contract drawings. The color red shall be used to indicate all additions and green to indicate all deletions. The drawings shall show the following information but not be limited thereto:The locations and description of any utility lines and other installations of any kind or description known to exist within the construction area. The location includes dimensions to permanent features.The locations and dimensions of any changes within the building or structure, and the accurate location and dimensions of all underground utilities and facilities.Correct grade or alignment of roads, structures, and utilities if any changes were made from contract plans.Correct elevations if changes were made in site grading from the contract plans.Changes in details of design or additional information obtained from working drawings specified to be prepared and/or furnished by the Contractor including, but not limited to, fabrication, erection, installation, and placing details, pipe sizes, insulation material, dimensions of equipment foundations, etc.The topography and grades of all drainage installed or affected as part of the project construction.All changes or modifications from the design and from the final inspection.These deviations shall be shown in the same general detail and quality utilized in the contract drawings. Marking of the full-size drawing shall be performed continuously during construction to keep them up to date. This information shall be maintained in a current condition at all times until the completion of the work. The resulting field-marked prints and data shall be referred to and marked as "As-built Field Data" and shall be used for no other purpose. They shall be made available for inspection by the Contracting Officer and a responsible representative of the Contractor prior to submission of each monthly pay estimate. Failure to keep the As-built Field Data (including Equipment-in-Place lists) current shall be sufficient justification to withhold a retained percentage from the monthly pay estimate.Submittal of the As-built Field Data: The As-built Field Data shall be submitted to the Contracting Officer for review and approval five working days prior to the final inspection. If review of the preliminary as-built drawings reveals errors and/or omissions, the drawings will be returned to the Contractor for corrections. The Contractor shall make all corrections and return the drawings to the Contracting Officer within 10 calendar days of receipt.List Of Equipment-In-PlaceContractor shall submit for approval, at the completion of construction, a list of equipment-in-place. This list shall be updated and kept current throughout construction, and shall be jointly inspected for accuracy and completeness by the Contracting Officer's representative and a responsible representative of the Contractor prior to submission of each monthly pay estimate. The EQUIPMENT-IN-PLACE list shall be comprised of all equipment falling under one or more of the following classifications:Each piece of equipment listed on the mechanical equipment schedules.Each electrical panel, switchboard, and MCC panel.Each transformer.Each piece of equipment or furniture designed to be movable.Each piece of equipment that contains a manufacturer's serial number on the nameplate.END OF SECTION 01700EXHIBIT A PERFORMANCE RELEVANCY QUESTIONNAIRE PART 1: Prepare six (6) Part 1 forms for asbestos abatement projects for construction asbestos abatement projects. Provide the following information requested in this format for each of the projects/contracts being described. Projects may be on going and cannot have been completed any later than 5 years prior to the solicitation issue date. Provide frank, concise comments regarding YOUR PERFORMANCE on the contracts you identify. Use as much space as required.A. Offeror (Your) Name (Company/Division):B. Project/Contract Title:C. Contract Specifics: 1. Description of Effort as ___________Prime or _________Subcontractor 2. Contract Number _____________________ 3. Original Contract $ Value _____________ Current/Final Contract $ Value ____________ 4. If amounts in 3 above are different, provide a brief description of the reason: 5. Completion Date:1. Original Date: ______________2. Current Schedule____________________3. Estimate/Final Completion Date:________________________________4. Primary cause for Contract Modifications__________________________________D. Provide detailed description of the work performed under the contract and describe why you believe the work is very relevant, relevant or semi-relevant to this solicited project. (Use as much space as necessary) In addition, address the following 1. Describe the specific elements of the work performed by your firm. 2. Indicate what elements of work were performed by your major subcontractors and indicate if those same subcontractors will be used on IDIQ projects. 3. Address any technical areas about this project you consider uniquely relevant to this solicitation. E. Point of Contact for Owner/Government agency Contracting Officer and or inspector; include a current phone number and facsimile number. Email address is also desired.End of Part 1- Questionnaire Requirements – Prepare and send Exhibit C Package (Past Performance Questionnaire) to the reference(s) for each of the projects. PART 2: Provide the following information one time. Additional offeror information required, but not project specific. This information need only be provided once in your submission package. 2A. Name subcontractors and/or Teaming Partners to be utilized on this contract. Multiple subcontractors may be named, but are limited to a maximum of three (3) subcontractors. Page 2 – Exhibit A – Performance Relevancy QuestionnaireAsbestos Abatement for Construction Projects.Asbestos Abatement for Demolition of facilities when required. Note: Demolition projects that are stand-alone, not part of a rebuild, fall under the Service Contract Act, and the Davis Bacon Act is not applicable, nor is bonding. FAR 52.222-41, Services Contract Act of 1965, as Amended and FAR 52.246-4, Inspection of Services—Fixed Price clauses and requirements apply. Note that the applicable clauses for Prompt Payment, Value Engineering, and Termination are likewise different from such clauses applicable to all other requirements under this contract. Each major subcontractor and/or Teaming Partner must also complete an Exhibit B, “Subcontractor Information and Consent Form” to be considered. Offerors shall have major subcontractors identify on the Exhibit B three references, owners (if they were the Prime) or other Prime contractors they have worked for. References for subcontractors from the proposing offeror are not acceptable. See Exhibit “B” format for information to be provided. Written references for subcontractors may be included and are encouraged. However, subcontractors do not need to send out Exhibit C questionnaires. 2B. Discuss assessment of liquidated damages on any contracts within the last five years. (Frequency, circumstances, severity of problem, etc.) 2C: Offerors are strongly encouraged to include with their proposals information on problems encountered on relevant projects and the specific corrective actions taken to remedy the problems. 2D. (OPTIONAL) Other Past Performance Considerations. Information, if provided, shall be limited to the period starting 5 years prior to the solicitation release date. -Effectiveness of value engineering (VEC) proposals you submitted on prior contracts. (Provide a brief description; impact on cost, schedule, efficiency or quality; contract number; name and phone number of customer benefiting from the VEC). -Professional/Industry awards (Identify award type, date of award and copy of certificate if applicable), Letters of appreciation, recognition or commendations. -Discuss unique skills and accomplishments (Explain unique skills and/or accomplishments and provide supporting information for verification). EXHIBIT B SUBCONTRACTOR INFORMATION AND CONSENT FORMSubcontractor and/or Teaming Partner Consent for the Release of Past Performance Information to the Prime Contractor and Reference InformationPast performance information concerning subcontractors and teaming partners cannot be disclosed to a private party without the subcontractor’s or teaming partner’s consent. Because a prime contractor is a private party, the Government will need that consent before disclosing subcontractor/teaming partner past and present performance information to the prime during exchanges. In an effort to assist the Government in assessing your past performance relevancy we request that the following consent form be completed by the major subcontractors/teaming partners identified in your proposal. The completed consent forms should be submitted to the offering contractor for submission with past performance volume.___________________(Name of Firm) is currently planning on participating as a (subcontractor and or a teaming partner) with ___________________(prime contractor or name of entity providing proposal) in responding to the Request for Proposal No. VA241-16-R-0282 for Multiple Award IDIQ Task Order Contract (IDIQ) for construction asbestos abatement projects issued by the Department of Veterans Affairs, VISN 1. We understand that the Government is placing increased emphasis on past performance in order to obtain best value in source selections. In order to facilitate the performance confidence assessment process we are signing this consent form to allow you to discuss our past and present performance information with the prime contractor during the source selection process._____________________________________ ___________________________________________(Signature) (Title of Individual with authority to sign for andLegally bind the company)Company Name: ________________________Telephone #____________________Address: ______________________________City/State/Zip Code:______________________Date:_____________________Reference List (required): 1. Contract No. And Title___________________________________________________________ Describe your role (Prime/Sub) and work Performed ___________________________________ Reference POC Name____________________________ Phone___________ Fax____________ Email address: _________________________________________________________________2. Contract No. And Title___________________________________________________________ Describe your role (Prime/Sub) and work Performed ___________________________________ Reference POC Name____________________________ Phone___________ Fax____________ Email address: _________________________________________________________________3. Contract No. And Title___________________________________________________________ Describe your role (Prime/Sub) and work Performed ___________________________________ Reference POC Name____________________________ Phone___________ Fax____________ Email address: _________________________________________________________________EXHIBIT C PACKAGE INFORMATION AND FORMSInstructions to Offeror for sending Reference Questionnaire Forms: Prepare and send a reference questionnaire package for each project listed on your Exhibit A, Performance Relevancy Questionnaires. You are encouraged to send a questionnaire to other clients of contracts listed in your “List of 10 other projects”. For Government contracts, send to Contracting Officer or Technical Representative. For commercial references send to personnel with duties similar to those for Government contracts. It is your responsibility to follow-up and to encourage your references to send in their questionnaire. If you have multiple references at one location, send one cover letter and questionnaire for each contract you want a reference for. Your questionnaire package should contain the following.Cover Letter (See SAMPLE) (Exhibit C1)Respondent Info Rating Sheets (Exhibit C2)(the next 4 pages) Offeror should put name in spaces indicated and ensure it is on every page for identification purposesSuggested - Pre Addressed stamped envelope to return to Contracting Officer.OFFEROR SHOULD PLACE THEIR NAME ON TOP OF EACH QUESTIONNAIRE PAGE!!!OFFEROR SHOULD DELETE THESE INSTRUCTIONS BEFORE SENDING OUT QUESTIONNAIRESEXHIBIT C SAMPLE TRANSMITTAL LETTERANDPAST PERFORMANCE EVALUATION QUESTIONNAIREYour Company LetterheadDate: _________________To: ________________________________________________________________________________________________________________________We have listed your firm as a reference for the work we have performed for you as listed below. Our firm has submitted a proposal under a project advertised by the Department of Veterans Affairs- Network Contracting Office 1. In accordance with Federal Acquisition Regulations (FAR), they will evaluate our firm's past performance. Your candid response to the attached questionnaire will assist the evaluation team in this process. We understand that you have a busy schedule and your participation in this evaluation is greatly appreciated. Please complete the enclosed questionnaire as thoroughly as possible. Space is provided for comments. Understand that while the responses to this questionnaire may be released to the offeror, FAR 15.306 (e)(4) prohibits the release of the names of the persons providing the responses. Complete confidentiality will be maintained. Only one response from each office is required. Please send your completed questionnaire to the following address to arrive NOT LATER THAN August 15, 2016. Do not return them to our company. NOTE: EMAIL IS THE PREFERRED METHOD.Department of Veterans AffairsContracting Office, Eagle 3(90C)830 Chalkstone AvenueProvidence, RI 02908or email to: Karla.Rotondo@ If you have questions regarding the attached questionnaire, or require assistance, please contact Karla Rotondo at 401-459-4760, ext. 1558. Thank you for your assistance. Signature and TitleSOURCE SELECTION SENSITIVE WHEN COMPLETED*****NOT TO BE RELEASED OUTSIDE GOVERNMENT CHANNELS***** RETURN THIS PAGE WITH QUESTIONAIRE RATING DESCRIPTIONS: Use the following descriptions as guidance in providing ratings. RATINGDEFINITIONExceptional (E)Indicates the contractor’s performance record within the area of evaluation Exceeded that required by the contract.Very Good (VG)Indicates the contractor’s performance record within the area of evaluation Met All contractual requirements.Satisfactory (S)Indicates the contractor’s performance record within the area of evaluation Met Essentially All contractual requirements.Marginal (M)Indicates the contractor’s performance record within the area of evaluation Met Some of the contractual requirements. However, changes to the contractor’s existing processes may be necessary in order to achieve contract requirements.Unsatisfactory (U)Indicates the contractor’s performance record within the area of evaluation Failed to Meet the minimum Government requirements.Unknown or Not Applicable (N/A)The question does not apply. No performance record identifiable within the area of evaluation.(Exhibit C2) RESPONDENT IDENTIFICATION AND RATINGS (Part 1 Contractor submitting Proposal fill-in)Reference is provided for: ____________________________________Contract Number or Project Title______________________________________________________Date of Award/Completion Date______________________________________________________Location_________________________________________________________________________Dollar Amount____________________________________________________________________Brief Description of work and your role in the referenced contract:___________________________________________________________________________________________________________(Part 2 Person providing Reference) Reference is provided by: ____________________________Company/Agency:_________________________________________________________________Business Address;_______________________________________________________________________________________________________________________________________________Telephone Number: _______________________________________________________________ E-Mail Address: __________________________________________________________________Relationship to Contract: ___________________________________________________________If information in Part 1 is not accurate please indicate.To obtain an electronic version of the form please contact: Karla.Rotondo@. THE QUESTIONNAIRE SHOULD BE SUBMITTED BY THE FOLLOWING MEANS: Via email to the email address shown above. Forms may be mailed to Department of Veterans Affairs, Contracting Office, Eagle 3 (90C), 830 Chalkstone Avenue, Providence, RI 02908Mark cover sheet: (Attention: RFP VA241-16-R-0282 “Source Selection Sensitive Information”)Quality- Management and Workmanship (1) How well did the Offeror utilize quality control process that ensured conformance to scope and quality requirements?EVGSMUNAREMARKS: ____________________________________________________________________________________(2) ?Adequacy of Submittals. Were submittals well researched and did they clearly identify the proposed item?EVGSMUNAREMARKS: ____________________________________________________________________________________(3) Did reports / records submitted completely and accurately satisfy requirements. ?EVGSMUNAREMARKS: ____________________________________________________________________________________Timeliness and adherence to schedule: Rate how well the Offeror met the following:(4)?Timeliness in completing the project EVGSMUNAREMARKS: ____________________________________________________________________________________(5)??Did the contractor provide timely notices of delays/schedule revisions?EVGSMUNAREMARKS: ____________________________________________________________________________________(6)? Timeliness in submitting submittals and reports and responding to agency inquiries, RFP's, etc.EVGSMUNAREMARKS: ____________________________________________________________________________________Offeror’s Specification Compliance, business practices/Customer Relationship and Ability to Perform(7) Did the contractor provide adequate, competent and qualified management, key personnel and technical personnel capable of meeting contract requirements throughout the performance period of the contract and did contractor comply with specifications? EVGSMUNAREMARKS: ____________________________________________________________________________________(8)?How well did the contractor work independent of Government guidance, oversight and assistance?EVGSMUNAREMARKS: ____________________________________________________________________________________(9) Did contractor maintain a good relationship with agency contracting and technical/project mgt. personnel?EVGSMUNAREMARKS: ____________________________________________________________________________________(10) ?How effective was the contractor in meeting Cost/Price performance targets and controlling costs (i.e. changes, etc.)? Did they demonstrate reasonableness in modifications scope and costs?EVGSMUNAREMARKS: ____________________________________________________________________________________(11) Were?Subcontractors / tradesmen adequately managed and coordinated? Explain any subcontracting issues (positive or negative) that impacted the performance of your contract(s). EVGSMUNAREMARKS: ____________________________________________________________________________________(12) How flexible, cooperative, and reasonable was the contractor in meeting mission requirements, particularly when faced with short-notice mission changes? EVGSMUNAREMARKS: ____________________________________________________________________________________(13)?How timely and effective were the contractor’s responses to and resolution of Technical problems? Did the Site Manager have sufficient authority to make decisions or take actions during project performance? ( ) yes ( ) noEVGSMUNAREMARKS: ____________________________________________________________________________________(14) How effective was the offeror’s environmental program, oversight, project management and QC staff?EVGSMUNAREMARKS: ____________________________________________________________________________________(15)?Was the Site Manager consistently present on site when work was performed?EVGSMUNAREMARKS: ____________________________________________________________________________________(16) Did the contractor demonstrate the ability to execute multiple projects at the same time?EVGSMUNAREMARKS: ____________________________________________________________________________________(17)?How effective was the contractor’s safety program to ensure compliance with federal, state and local regulations? Did the contractor implement and follow their safety plan? Did they run a “safe jobsite”? EVGSMUNAREMARKS: ____________________________________________________________________________________(18)??Applicable to Federal Contracts – How well did the contractor comply with applicable Federal Laws and Regulations such as Davis Bacon Act – timely payrolls and compliance; Drug-Free Workplace; Environmental Regulations and Use of Recovered Materials; Executive Order 13101?EVGSMUNAREMARKS: ____________________________________________________________________________________Infection Control(19) ?Did the contractor have an Infection Control Process in place and how well did the contractor comply with agency Infection Control Requirements?EVGSMUNAREMARKS: ____________________________________________________________________________________(20) How would you rate the Contractor’s overall performance? Given the opportunity, would you select this offeror again? (Y____N____)EVGSMUNA(21)?What were the contractor’s top documented strengths, if any, in performing the contract requirements?REMARKS: ____________________________________________________________________________________(22)?What were the contractor’s top documented weaknesses, if any, in performing the contract requirements?REMARKS: ____________________________________________________________________________________(23)?Please Provide Any Additional Information You Feel Is Important Not Covered Elsewhere:REMARKS: ____________________________________________________________________________________Thank you for your remarks. Be sure to return to the Contracting Agency and not to the Contractor you are providing a reference for. OFFEROR NAME___________________________Respondent Signature ______________________________________Date Completed:______________________EXHIBIT D PRE-AWARD CONTRACTOT EVALUATION FORM CONSTRUCTION SAFETY Company Name: ______________________________________________Address: _____________________________________________________Telephone: ______________________ Fax: ________________________Email: _______________________________________________________Contact: ______________________________________________________1. Utilizing your OSHA 300 Forms, please complete the following information:Category201320142015Number of man hours (jobsite and office).Number of cases involving days away from work, restricted activity, or both (Column H and I of OSHA 300).Days away, restricted, or transferred rate (# of days away, restricted, or transferred cases x 200,000/# of man hours) (DART Rate).Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations. (Four serious, one repeat, or one willful disqualifies the contractor.)Please attach copies of the following documents: OSHA 300 and 300a Forms. These forms can be accessed through the OSHA publications search page: your six-digit North American Industrial Classification System (NAICS) Code for this acquisition: __________________________________3.Who administers your company’s Safety and Health Program? __________________________________pany’s Insurance Experience Modification Rate (EMR) for the past 3 years (an EMR of greater than 1.0 disqualifies the contractor): _____________EXHIBIT E TECHNICAL PROPOSAL DATAOfferors are cautioned to read sections 00800 through 01700 of the solicitation documents before completing Exhibit E as your answers must meet the minimum requirements found in these sections. Offerors are strongly encouraged to review the evaluation information found in Section 00120 as they complete their Exhibit E. Each question should be covered in sufficient detail to clearly address all required information. Answer questions in order presented. You are NOT limited to the space provided; use as much space as necessary to provide answers. It is advisable to state the question then give the answer. This will aid in the evaluation.In the event you reference another document or part of the proposal you must be clear as to where the information can be found to answer the particular question(s). Such statements as see Company profile or see Safety Plan are not acceptable. You must indicate on what page of the proposal the answer can be found in the referenced document. Failure to do so may make your proposal non-compliant.The Project Management data is obtained for the purpose of evaluating technical capability in performance of future task order projects. The offeror is required to provide required information to show experience and capability to manage multiple disciplined projects.1. CAPABILITY AND EXPERIENCE: 1A. Describe your experience and capability in managing asbestos abatement projects for the locations you are requesting in “Areas of Consideration”. (Why are you a good candidate for receiving an award?)1B. This contract requires short notice site visits/proposal meetings, normally within 2 calendar days, but can be as short as 2 hours (120 minutes) 00800 (Consider reporting to the facilities (required) and CBOC optional location(s), if you chose that location). How will you ensure compliance with these requirements? 1C. Explain in detail how you will perform the minimum percentage required (15% General Construction) with your own forces. Refer to definitions pertaining to “Self-performance of work”, “On the Site” and “Total amount of work to be performed under the contract”. (Includes mobilization and utilization of owned or rented plant and equipment to be operated by the prime contractor’s own employees; only those materials which will be both purchased and installed by the prime’s own forces; labor associated with those aforementioned materials or equipment; only those supplies to directly support work performed by the contractor’s own employees; and the contractor’s own job overhead costs.) NOTE: The intention of this set-aside is to have actual work performed by the Contractor’s own forces or the forces of Small Business contractors and not just “contract management”. This contract is not intended for construction contract management firms. Note: An offeror who has the capability to perform both as a General Contractor and self-perform a major element of the work, may be afforded additional consideration in the evaluation. You should address your general self-performance capability here.1D. Discussion of the technical and administrative capabilities to meet contract requirements within the chosen area of consideration.1E. Letter from surety company addressing ability to obtain bonding and the limits of bonding capacity.2. ORGANIZATION:2A. Provide as an attachment an Organizational Chart listing company personnel and their roles to determine if offeror has the ability to manage projects without significant difficulty. The specific criterion proposed (skill levels, experience, and background) for personnel, if adequate, is an indicator of an acceptable organization. (Titles) (Attachment 1) 2B. Provide names, duties and levels of responsibility of key personnel to include the Project Manager, Site Superintendent(s), Quality Control Manager, Safety Manager and Infection Control Manager. Indicate to whom the Quality Control, Safety and Infection Control Managers report. (Lines of authority) Address functions, responsibilities and authorities for performing such duties as overall project management, site superintendence, quality and infection control, safety, administration and in-house trade capabilities. 2D. If applicable, describe the support and interface with your home office or corporate headquarters for such aspects as financial, management and technical support.3. QUALITY CONTROL- (In addition to the information required in this question, information on personnel, duties, responsibilities and lines of authority provided in response to questions 2 and 4 will be used in the evaluation of Quality Control.) See section 01451 for reference.3A. Discuss how quality issues will be dealt with on various types of projects. Include in the discussion as a minimum, meetings, inspections, submittal reviews, correction of non-compliant work and how you intend to ensure non-reoccurrence and reporting of quality problems to Government officials. (Note: A full Quality Control Plan will be required if you are awarded a contract and is NOT required with the proposal. If you do provide a plan, indicate if it is a draft for this contract or a sample from another project. Also, provide on this form the page numbers where the required information (list of minimum information above) can be found. If you fail to follow these instructions, your proposal may not be adequately evaluated.)3B. Provide the names of testing laboratories to be used and the procedures for test data reporting 4. SPECIFIC PERSONNEL: Reference 4A. Discuss the education, training and experience in managing projects of the key personnel listed in 2B. (A resume may be submitted if it provides this information. Attachment # 2)4B. Provide resume or information provided for each proposed personnel should be included and detail background, education, and experience and is indicative of acceptable experience, including certificates/licenses for hazardous materials, respirator fit tests, and confined space, etc.4C. Provide list of major subcontractors you intend to use on these projects. (These also should have been listed on Exhibit A and there must be an Exhibit B in the proposal for the named subcontractors or they will not be considered.)4D. Tell us if you have worked together in the past. If yes, on what kind of jobs?4E. Provide evidence of qualifications identified in the statement of work, paragraph 30 A through I. 5. SCHEDULING METHODOLOGY Adequate scheduling processes are necessary to ensure completion and control of the project from beginning to the end of the project.5A. Discuss your scheduling capabilities. Include such things as programs and staff to do scheduling.5B. Provide an understanding of the limitations of a schedule as well as an understanding that an appropriate schedule will result in successful completion of a project. 6. SAFETY6A. Discuss your Safety Program in general and provide as a minimum, details on training, documentation, and your plan to ensure adherence to OSHA Standards. Include documentation regarding the successful training of personnel in accordance with OSHA requirements (i.e., 30-hour or 10-hour completed OSHA training, confined space, Haz-Mat) as well as relevant information regarding any safety accidents or violations and corrective action taken or demonstrates no documented violations. Offeror shall demonstrate that the company has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past three years and has an Experience Modification Rate (EMR) of equal to or less than 1.0.? (Note: A full Safety Plan will be required if you are awarded a contract and is NOT required with the proposal. If you do provide a plan, indicate if it is a draft for this contract, a sample from another project or a corporate plan. Also, provide on this form the page numbers where the required information (listed above) can be found. If you fail to follow these instructions, your proposal may not be adequately evaluated.) 6B. Discuss the steps you took to promote safety during construction during the past three (3) years.7. INFECTION CONTROL7A. Discuss your ability to comply with the requirements of The Infection Control Manual of the Providence VA Medical Center (attached). (Note: A full Infection Control Plan will be required if you are awarded a contract and is NOT required with the proposal. If you do provide a plan, indicate if it is a draft for this contract, a sample from another project or a corporate plan. Also, provide on this form the page numbers where the required information (listed above) can be found. If you fail to follow these instructions, your proposal may not be adequately evaluated.)7B. Discuss the steps you took to promote infection control during construction during the past three (3) yearsAttachments1. Organization Chart (required); 2. Resumes (optional) 3. Schedule (required)4. Quality Control Plan (optional - be sure to follow special instructions if you are submitting a plan)5. Safety Plan (optional - be sure to follow special instructions if you are submitting a plan)6. Infection Control Plan (optional – be sure to follow special instructions if you are submitting a plan). NOTE ***The prime contractor and any subcontractors performing under this IDIQ have a continuing duty throughout the contract period to timely notify the Contracting Officer of any adverse regulatory action or proposed regulatory action (e.g., regulatory citations, Notices of Violation (NOV), Notices of Non-Compliance) and new, anticipated or threatened litigation filed or to be filed against the company, and and/or any of its management or supervisory employees individually, by Federal OSHA, any State OSHA program, the U.S. Environmental Protection Agency (EPA), any State EPA program, and any local agency (e.g., Board of Health) or in the case of litigation any person, business or governmental entity.ATTACHMENTS See attached document: TS02 Exhibit F-1 608-14-103 Bldg. 2 Seed Project Manchester NH 02.See attached document: TS02 Exhibit F-1 608-16-102 Room W634 Seed Project Manchester NH 02.See attached document: TS02 Exhibit F-1 631-16-022 Library Abatement Seed Project Northampton MA 02.See attached document: TS02 Exhibit F-1 631-16-040 Bldg 20 Abatement Seed Project Northampton MA 02.EXHIBIT G PROPOSAL INQUIRY FORMSOLICITATION VA241-16-R-0282NOTE: ALL PRE-PROPOSAL INQUIRIES SHALL BE SUBMITTED VIA EMAIL ON THIS FORM!Email Forms to: Karla.Rotondo@ Date of Proposal Inquiry: _______________From: ______________________________ Company Name: ________________________________Address:_____________________________________________________________________________Phone Number: _____________________________ Fax Number:______________________________Email address: ________________________________________________________________________Check off which project this RFI applies to:___ General Terms and Conditions ___ Project _____________________________________________Proposal Inquiry: (Please type or print clearly)EXHIBIT H PROPOSAL VOLUME CONTENTS AID This listing is provided as an aid to offerors and in no way represents all information that is required in a proposal. Offerors must comply with Sections 00100, 00110 and 00120 of the solicitation.Binder # 1 - VOLUME 1, TECHNICAL INFORMATION ( ) Exhibit E – Is format and instructions complied with? ( ) Did you review Section 00120, Technical Evaluation, to ensure answers to questions and submission provide information needed for the evaluation? ( ) Are answers to the questions clear and detailed?( ) Is all required attachments provided?General:Did you submit an Original and 3 copies of Binder # 1 (Volumes 1 and 2)?Did you submit an Original and 3 copies of Binder # 2 (Volume 1)?Did you submit an electronic version of your proposal?Binder # 1 - VOLUME 2, PAST PERFORMANCE INFORMATION- REMINDER- Send out Questionnaires to your former clients so responses reach Contracting Officer NLT Closing Date!!!( ) Exhibit A, Part 1: Performance Relevancy Questionnaire format, for six (6) asbestos abatement projects, if applicable.( ) Exhibit A, Part 2: Answer all questions.( ) Exhibit B “Subcontractor Consent and Information Form” for each major subcontractor/ Teaming Partner listed in Exhibit A Part 2. ( ) Exhibit C reference questionnaires: Be sure to send a reference package to all Clients listed on Exhibit As, Part 1, in sufficient time so as to have questionnaires reach the Contracting Officer not later than the closing date for the solicitation. Follow-up with clients as necessary.( ) Exhibit D “Pre-Award Contractor Evaluation Form – Construction Safety”. Offerors lacking relevant Past Performance experience may submit three (3) references for each Predecessor Company, Subcontractor or Key Personnel on an Exhibit C, or resume for key personnel. Exhibit C Reference Packages should also be sent.Binder # 2 VOLUME 3, PRICE INFORMATION ( ) Offer and Section 00010 – Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102. Submit an original and the number of copies required by solicitation. An original signature is required on the original document. ( ) A completed Section 00010, Areas of Consideration, Prototypical and/or Seed project(s) Exhibit F’s ( ) Insert the price/cost associated with the prototypical project on the Seed/Prototypical Proposal Offer Schedule(s)( ) Complete the Self-performance Exhibit F-1 for the Seed/Prototypical Project(s)( ) Representations and Certifications- insert the required certifications and representations.REPRESENTATIONS AND CERTIFICATIONS3.1 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of Provision)3.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910. (2) The small business size standard is 750 Employees. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that— (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. (vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (viii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xviii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies. (D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies. (xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations. (xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations. (xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [X](i) 52.204-17, Ownership or Control of Offeror. [X](ii) 52.204-20, Predecessor of Offeror. [](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. [](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification. [](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification. [](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). [](vii) 52.227-6, Royalty Information. [](A) Basic. [](B) Alternate I. [](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.FAR Clause #TitleDateChange Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.(End of Provision)3.3 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via (see 52.204-7).(End of Provision)GENERAL CONDITIONS4.1 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) (a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.(End of Clause)4.2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (a) Definitions. As used in this clause: “Executive” means officers, managing partners, or any other employees in management positions. “First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs. “Month of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. “Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation. (3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above-market earnings on deferred compensation which is not tax-qualified. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. (b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109–282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110–252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. (c) Nothing in this clause requires the disclosure of classified information. (d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204–7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if— (i) In the Contractor’s preceding fiscal year, the Contractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at .). (2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report the following information at for that first-tier subcontract. (The Contractor shall follow the instructions at to report the data.) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company. (ii) Name of the subcontractor. (iii) Amount of the subcontract award. (iv) Date of the subcontract award. (v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number (the subcontract number assigned by the Contractor). (vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district. (viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district. (ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code. (xi) Funding agency name and code. (xii) Government contracting office code. (xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS). (3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at , if— (i) In the subcontractor’s preceding fiscal year, the subcontractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at .) (e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $30,000 to avoid the reporting requirements in paragraph (d) of this clause. (f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires. (g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards. (2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor. (h) The FSRS database at will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.(End of Clause)4.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) (a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.(End of Clause)4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) The Contractor shall be required to (a) commence work under this contract within ** calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 days after receipt of award. The time stated for completion shall include final cleanup of the premises.(End of Clause)4.5 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.(End of Clause)4.6 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)4.7 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of $600,000.00; (2) Any order for a combination of items in excess of $600,000.00; or (3) A series of orders from the same ordering office within $3,000,000.00 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)4.8 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of the five (5) year period..(End of Clause)4.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.(End of Clause)4.10 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).(End of Clause)4.11 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts— (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at . (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 562910 assigned to contract number .[Contractor to sign and date and insert authorized signer's name and title].(End of Clause)4.12 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) ALTERNATE I (MAY 2008) (a) Definitions. As used in this clause— "Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material." "Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):CERTIFICATIONI, ____________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.__________________________________________________[Signature of the Officer or Employee]__________________________________________________[Typed Name of the Officer or Employee]__________________________________________________[Title]__________________________________________________[Name of Company, Firm, or Organization]__________________________________________________[Date](End of certification) (c) The Contractor, on completion of this contract, shall— (1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and (2) Submit this estimate to COR for each Task Order.(End of Clause)4.13 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) (a) Definitions. As used in this clause— "Commercially available off-the-shelf (COTS) item"— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Component" means any article, material, or supply incorporated directly into construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means— (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Domestic construction material" means— (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. "Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:Lead Glass (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including— (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISONConstruction Material DescriptionUnit of MeasureQuantityPrice (Dollars)*Item 1:Foreign Construction MaterialDomestic Construction MaterialItem 2:Foreign Construction MaterialDomestic Construction Material[List name, address, telephone number, and contact for suppliers surveyed Attach copy of response; if oral, attach summary.][Include other applicable supporting information.][*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).](End of Clause)4.14 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2016) (a) Definitions. As used in this clause— "Caribbean Basin country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed. "Commercially available off-the-shelf (COTS) item"— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Component" means an article, material, or supply incorporated directly into a construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means— (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Designated country" means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or United Kingdom); (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore); (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). "Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material. "Domestic construction material" means— (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. "Foreign construction material" means a construction material other than a domestic construction material. "Free Trade Agreement country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed. "Least developed country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed. "United States" means the 50 States, the District of Columbia, and outlying areas. "WTO GPA country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a WTO GPA country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed. (b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials. (2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. (3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:Lead Glass (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including— (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:Foreign and Domestic Construction Materials Price ComparisonConstruction Material DescriptionUnit of MeasureQuantityPrice (Dollars)*Item 1:Foreign Construction MaterialDomestic Construction MaterialItem 2:Foreign Construction MaterialDomestic Construction Material[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).](End of Clause)4.15 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.(End of Clause)4.16 SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.(End of Clause)4.17 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)4.18 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)4.19 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) (Note: as used in this clause, the term "brand name" includes identification of products by make and model.) (a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation. (b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids. (c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to: (i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and (ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall: (i) Include in his/her bid a clear description of such proposed modifications, and (ii) Clearly mark any descriptive material to show the proposed modifications. (3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered. The clause entitled "Brand name or equal" applies only to the following line items:Per individual task order(End of Clause)4.20 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)4.21 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.4.22 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.(End of Clause)4.23 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (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. (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. (See Web site at .) (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). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, 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)4.24 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) 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) Large scale drawings supersede small scale drawings. (c) Dimensions govern in all cases. Scaling of drawings may be done only for general location and general size of items. (d) Dimensions shown of existing work and all dimensions required for work that is to connect with existing work shall be verified by the contractor by actual measurement of the existing work. Any work at variance with that specified or shown in the drawings shall not be performed by the contractor until approved in writing by the contracting officer.(End of Clause)4.25 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) The clause entitled "Performance of Work by the Contractor" in FAR 52.236-1 is supplemented as follows: (a) Contract work accomplished on the site by laborers, mechanics, and foremen/forewomen on the contractor's payroll and under his/her direct supervision shall be included in establishing the percent of work to be performed by the contractor. Cost of material and equipment installed by such labor may be included. The work by the contractor's executive, supervisory and clerical forces shall be excluded in establishing compliance with the requirements of this clause. (b) The contractor shall submit, simultaneously with the schedule of costs required by the Payments Under Fixed-Price Construction Contracts clause of the contract, a statement designating the branch or branches of contract work to be performed with his/her forces. The approved schedule of costs will be used in determining the value of a branch or branches, or portions thereof, of the work for the purpose of this article. (c) If, during the progress of work hereunder, the contractor requests a change in the branch or branches of the work to be performed by his/her forces and the contracting officer determines it to be in the best interest of the Government, the contracting officer may, at his/her discretion, authorize a change in such branch or branches of said work. Nothing contained herein shall permit a reduction in the percentage of work to be performed by the contractor with his/her forces, it being expressly understood that this is a contract requirement without right or privilege of reduction. (d) In the event the contractor fails or refuses to meet the requirement of the FAR clause at 52.236-1, it is expressly agreed that the contract price will be reduced by 15 percent of the value of that portion of the percentage requirement that is accomplished by others. For the purpose of this clause, it is agreed that 15 percent is an acceptable estimate of the contractor's overhead and profit, or mark-up, on that portion of the work which the contractor fails or refuses to perform, with his/her own forces, in accordance with the FAR clause at 52.236-1.(End of Clause)4.26 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) The clause entitled "Inspection of Construction" in FAR 52.246-12 is supplemented as follows: (a) Inspection of materials and articles furnished under this contract will be made at the site by the resident engineer, unless otherwise provided for in the specifications. (b) Final inspection will not be made until the contract work is ready for beneficial use or occupancy. The contractor shall notify the contracting officer, through the resident engineer, fifteen (15) days prior to the date on which the work will be ready for final inspection.(End of Clause)4.27 VAAR 852.236-76 CORRESPONDENCE (APR 1984) All correspondence relative to this contract shall bear Specification Number, Project Number, Department of Veterans Affairs Contract Number, title of project and name of facility.(End of Clause)4.28 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) Any materials, equipment, or workmanship specified by references to number, symbol, or title of any specific Federal, Industry or Government Agency Standard Specification shall comply with all applicable provisions of such standard specifications, except as limited to type, class or grade, or modified in contract specifications. Reference to "Standards" referred to in the contract specifications, except as modified, shall have full force and effect as though printed in detail in specifications.(End of Clause)4.29 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) (a) The work will be under the direction of the Department of Veterans Affairs contracting officer, who may designate another VA employee to act as resident engineer at the construction site. (b) Except as provided below, the resident engineer's directions will not conflict with or change contract requirements. (c) 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.(End of Clause)4.30 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) The contractor shall furnish to the resident engineer each day a consolidated report for the preceding work day in which is shown the number of laborers, mechanics, foremen/forewomen and pieces of heavy equipment used or employed by the contractor and subcontractors. The report shall bear the name of the firm, the branch of work which they perform such as concrete, plastering, masonry, plumbing, sheet metal work, etc. The report shall give a breakdown of employees by crafts, location where employed, and work performed. The report shall also list materials delivered to the site on the date covered by the report.(End of Clause)4.31 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) (a) Nothing contained in this contract shall be construed as creating any contractual relationship between any subcontractor and the Government. Divisions or sections of specifications are not intended to control the contractor in dividing work among subcontractors, or to limit work performed by any trade. (b) The contractor shall be responsible to the Government for acts and omissions of his/her own employees, and of the subcontractors and their employees. The contractor shall also be responsible for coordination of the work of the trades, subcontractors, and material suppliers. (c) The Government or its representatives will not undertake to settle any differences between the contractor and subcontractors or between subcontractors. (d) The Government reserves the right to refuse to permit employment on the work or require dismissal from the work of any subcontractor who, by reason of previous unsatisfactory work on Department of Veterans Affairs projects or for any other reason, is considered by the contracting officer to be incompetent or otherwise objectionable.(End of Clause)4.32 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) (a) Retainage: (1) The contracting officer may retain funds: (i) Where performance under the contract has been determined to be deficient or the contractor has performed in an unsatisfactory manner in the past; or (ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely. (2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following: (i) Unsatisfactory progress as determined by the contracting officer; (ii) Failure to meet schedule in Schedule of Work Progress; (iii) Failure to present submittals in a timely manner; or (iv) Failure to comply in good faith with approved subcontracting plans, certifications, or contract requirements. (3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this subparagraph shall be construed as limiting the contracting officer's right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts. (b) The contractor shall submit a schedule of cost to the contracting officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate. The approved cost schedule will be one of the bases for determining progress payments to the contractor for work completed. This schedule shall show cost by the branches of work for each building or unit of the contract, as instructed by the resident engineer. (1) The branches shall be subdivided into as many sub-branches as are necessary to cover all component parts of the contract work. (2) Costs as shown on this schedule must be true costs and, should the resident engineer so desire, he/she may require the contractor to submit the original estimate sheets or other information to substantiate the detailed makeup of the schedule. (3) The sum of the sub-branches, as applied to each branch, shall equal the total cost of such branch. The total cost of all branches shall equal the contract price. (4) Insurance and similar items shall be prorated and included in the cost of each branch of the work. (5) The cost schedule shall include separate cost information for the systems listed in the table in this paragraph (b)(5). The percentages listed below are proportions of the cost listed in the contractor's cost schedule and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. Payment of the listed percentages will be made only after the contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEMSystemPercentPneumatic tube system10Incinerators (medical waste and trash)5Sewage treatment plant equipment5Water treatment plant equipment5Washers (dish, cage, glass, etc.)5Sterilizing equipment5Water distilling equipment5Prefab temperature rooms (cold, constant temperature)5Entire air-conditioning system (Specified under 600 Sections)5Entire boiler plant system (Specified under 700 Sections)5General supply conveyors10Food service conveyors10Pneumatic soiled linen and trash system10Elevators and dumbwaiters10Materials transport system10Engine-generator system5Primary switchgear5Secondary switchgear5Fire alarm system5Nurse call system5Intercom system5Radio system5TV (entertainment) system5 (c) In addition to this cost schedule, the contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the contractor in preparing his/her bid and will not be binding as pertaining to any contract changes. (d) The contracting officer will consider for monthly progress payments material and/or equipment procured by the contractor and stored on the construction site, as space is available, or at a local approved location off the site, under such terms and conditions as such officer approves, including but not limited to the following: (1) The material or equipment is in accordance with the contract requirements and/or approved samples and shop drawings. (2) Only those materials and/or equipment as are approved by the resident engineer for storage will be included. (3) Such materials and/or equipment will be stored separately and will be readily available for inspection and inventory by the resident engineer. (4) Such materials and/or equipment will be protected against weather, theft and other hazards and will not be subjected to deterioration. (5) All of the other terms, provisions, conditions and covenants contained in the contract shall be and remain in full force and effect as therein provided. (6) A supplemental agreement will be executed between the Government and the contractor with the consent of the contractor's surety for off-site storage. (e) The contractor, prior to receiving a progress or final payment under this contract, shall submit to the contracting officer a certification that the contractor has made payment from proceeds of prior payments, or that timely payment will be made from the proceeds of the progress or final payment then due, to subcontractors and suppliers in accordance with the contractual arrangements with them. (f) The Government reserves the right to withhold payment until samples, shop drawings, engineer's certificates, additional bonds, payrolls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other things required by this contract, have been submitted to the satisfaction of the contracting officer.(End of Clause)4.33 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) (a) The contractor shall submit with the schedule of costs, a progress schedule that indicates the anticipated installation of work versus the elapsed contract time, for the approval of the contracting officer. The progress schedule time shall be represented in the form of a bar graph with the contract time plotted along the horizontal axis. The starting date of the schedule shall be the date the contractor receives the "Notice to Proceed." The ending date shall be the original contract completion date. At a minimum, both dates shall be indicated on the progress schedule. The specific item of work, i.e., "Excavation", "Floor Tile", "Finish Carpentry", etc., should be plotted along the vertical axis and indicated by a line or bar at which time(s) during the contract this work is scheduled to take place. The schedule shall be submitted in triplicate and signed by the contractor. (b) The actual percent completion will be based on the value of installed work divided by the current contract amount. The actual completion percentage will be indicated on the monthly progress report. (c) The progress schedule will be revised when individual or cumulative time extensions of 15 calendar days or more are granted for any reason. The revised schedule should indicate the new contract completion date and should reflect any changes to the installation time(s) of the items of work affected. (d) The revised progress schedule will be used for reporting future scheduled percentage completion.(End of Clause)ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE A. Original Schedule: The following information shall be furnished as minimum for each activity on the initial bar chart schedule. - Activity Description - Estimated Duration - Responsibility (Trade) and Manpower (Crew size) - Planned Start and Completion Dates - Activity Cost B. Updated Schedules and Updating Procedures (1) The contractor shall submit, at intervals of 30 calendar days, an updated bar chart schedule of the actual construction progress. The bar chart schedule shall show the activities or portions of activities started and/or completed during the reporting period and their updated monetary percentage value(s) as a basis for the contractor's monthly progress report (payment request). (2) The contractor shall adjust the activity bars on the bar chart schedule to reflect the actual progress and the remaining activity durations. The updated bar chart schedule shall show at a minimum the following: - Actual start and completion dates for activities started and/or completed during the reporting period. - VA issued changes to the original contract requirements that change the contractor's original sequence of work. - Contractor changes in work sequence, durations, responsibility, manpower, and activity costs. C. All contract changes durations proposed by the contractor shall be reviewed and approved by the Contracting Officer prior to insertion into the updated bar chart schedule. The updated bar chart schedule shall include all contract changes issued during the reporting period. (End of Clause)4.34 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) (a) The wage determination decision of the Secretary of Labor is set forth in section GR, General Requirements, of this contract. It is the result of a study of wage conditions in the locality and establishes the minimum hourly rates of wages and fringe benefits for the described classes of labor in accordance with applicable law. No increase in the contract price will be allowed or authorized because of payment of wage rates in excess of those listed. (b) The contractor shall submit the required copies of payrolls to the contracting officer through the resident engineer or engineer officer, when acting in that capacity. Department of Labor Form WH- 347, Payroll, available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, may be used for this purpose. If, however, the contractor or subcontractor elects to use an individually composed payroll form, it shall contain the same information shown on Form WH-347, and in addition be accompanied by Department of Labor Form WH-348, Statement of Compliance, or any other form containing the exact wording of this form.(End of Clause)4.35 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) Public Law 107-217 (40 U.S.C. 3172) authorizes the constituted authority of States to apply their workers compensation laws to all lands and premises owned or held by the United States.(End of Clause)4.36 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) The Resident Engineer on all assigned construction projects, or other Department of Veterans Affairs employee if designated in writing by the Contracting Officer, shall serve as Safety Officer and as such has authority, on behalf of the Contracting Officer, to monitor and enforce Contractor compliance with FAR 52.236-13, Accident Prevention. However, only the Contracting Officer may issue an order to stop all or part of the work while requiring satisfactory or corrective action to be taken by the Contractor.(End of Clause)4.37 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) The clauses entitled “Changes” in FAR 52.243-4 and “Differing Site Conditions” in FAR 52.236-2 are supplemented as follows: (a) Paragraphs (a)(1) through (a)(4) apply to proposed contract changes costing over $500,000. (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data are required under FAR Subpart 15.403, the cost or pricing data shall be submitted in accordance with FAR 15.403-5. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit a proposal, which includes the information required by paragraph (a)(1), for cost of changes in work within 30 calendar days. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (a)(1) or (a)(2) of this clause is not received within 30 calendar days or if agreement has not been reached. (4) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change. (b) Paragraphs (b)(1) through (b)(11) apply to proposed contract changes costing $500,000 or less: (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data or information other than cost or pricing data are required under FAR 15.403, the data shall be submitted in accordance with FAR 15.403-5. No itemized breakdown will be required for proposals amounting to less than $1,000. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit within 30 calendar days, a proposal that includes the information required by paragraph (b)(1) for the cost of the changes in work. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (b)(1) or (b)(2) of this clause is not received within 30 calendar days, or if agreement has not been reached. (4) 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 use of construction 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. Allowable percentages on changes will not exceed the following: 10 percent overhead and 10 percent profit on the first $20,000; 7-1/2 percent overhead and 7-1/2 percent profit on the next $30,000; 5 percent overhead and 5 percent profit on balance over $50,000. Profit shall be computed by multiplying the profit percentage by the sum of the direct costs and computed overhead costs. (5) The prime contractor's or upper-tier subcontractor's fee on work performed by lower-tier subcontractors will be based on the net increased cost to the prime contractor or upper-tier subcontractor, as applicable. Allowable fee on changes will not exceed the following: 10 percent fee on the first $20,000; 7-1/2 percent fee on the next $30,000; and 5 percent fee on balance over $50,000. (6) Not more than four percentages, none of which exceed the percentages shown above, will be allowed regardless of the number of tiers of subcontractors. (7) 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 of subcontractors' portions cost computed in accordance herewith. (8) 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 he/she 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. (9) Cost of Federal Old Age Benefit (Social Security) tax and of Worker's Compensation and Public Liability insurance appertaining to changes are allowable. While no percentage will be allowed thereon for overhead or profit, prime contractor's fee will be allowed on such items in subcontractors' proposals. (10) 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 therefore. 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. (11) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change.(End of Clause)4.38 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) (a) Reference is made to the clause entitled "Buy American Act--Construction Materials," FAR 52.225-9. (b) Notwithstanding a bidder's right to offer identifiable foreign construction material in its bid pursuant to FAR 52.225-9, VA does not anticipate accepting an offer that includes foreign construction material. (c) If a bidder chooses to submit a bid that includes foreign construction material, that bidder must provide a listing of the specific foreign construction material he/she intends to use and a price for said material. Bidders must include bid prices for comparable domestic construction material. If VA determines not to accept foreign construction material and no comparable domestic construction material is provided, the entire bid will be rejected. (d) Any foreign construction material proposed after award will be rejected unless the bidder proves to VA's satisfaction: (1) it was impossible to request the exemption prior to award, and (2) said domestic construction material is no longer available, or (3) where the price has escalated so dramatically after the contract has been awarded that it would be unconscionable to require performance at that price. The determinations required by (1), (2), and (3) of this paragraph shall be made in accordance with Subpart 825.2 and FAR 25.2. (e) By signing this bid, the bidder declares that all articles, materials and supplies for use on the project shall be domestic unless specifically set forth on the Bid Form or addendum thereto.(End of Clause)4.39 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE I (JAN 2008) (a) Reference is made to the clause entitled "Buy American Act--Construction Materials under Trade Agreements," FAR 52.225-11. (b) The restrictions contained in this clause 852.236-89 are waived for designated country construction material as defined in FAR 52.225-11. Notwithstanding a bidder's right to offer identifiable foreign construction material in its bid pursuant to FAR 52.225-11, VA does not anticipate accepting an offer that includes foreign construction material, other than designated country construction material. (c) If a bidder chooses to submit a bid that includes foreign construction material, that bidder must provide a listing of the specific foreign construction material he/she intends to use and a price for said material. Bidders must include bid prices for comparable domestic construction material. If VA determines not to accept foreign construction material and no comparable domestic construction material is provided, the entire bid will be rejected. (d) Any foreign construction material proposed after award will be rejected unless the bidder proves to VA's satisfaction: (1) it was impossible to request the exemption prior to award, and (2) said domestic construction material is no longer available, or (3) where the price has escalated so dramatically after the contract has been awarded that it would be unconscionable to require performance at that price. The determinations required by (1), (2), and (3) of this paragraph shall be made in accordance with Subpart 825.2 and FAR 25.2. (e) By signing this bid, the bidder declares that all articles, materials and supplies for use on the project shall be domestic unless specifically set forth on the Bid Form or addendum thereto.(End of Clause)4.40 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (NOV 1986)This clause applies to the following items:NoneNotwithstanding the "Material and Workmanship" clause of this contract, FAR 52.236-5(a), nor any other contractual provision, "equal" products will not be considered by the Department of Veterans Affairs and may not be used.(End of Clause)4.41 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) (a) Signing of the bid shall be deemed to be a representation by the bidder that: (1) Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly engaged in construction, alteration, or repair of buildings, structures, and communications facilities, or other engineering projects, including furnishing and installing of necessary equipment; or (2) If newly entering into a construction activity, bidder has made all necessary arrangements for personnel, construction equipment, and required licenses to perform construction work; and (3) Upon request, prior to award, bidder will promptly furnish to the Government a statement of facts in detail as to bidder's previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated work. (b) Unless otherwise provided in this contract, where the use of optional materials or construction is permitted, the same standard of workmanship, fabrication and installation shall be required irrespective of which option is selected. The contractor shall make any change or adjustment in connecting work or otherwise necessitated by the use of such optional material or construction, without additional cost to the Government. (c) When approval is given for a system component having functional or physical characteristics different from those indicated or specified, it is the responsibility of the contractor to furnish and install related components with characteristics and capacities compatible with the approved substitute component as required for systems to function as noted on drawings and specifications. There shall be no additional cost to the Government. (d) In some instances it may have been impracticable to detail all items in specifications or on drawings because of variances in manufacturers' methods of achieving specified results. In such instances the contractor will be required to furnish all labor, materials, drawings, services and connections necessary to produce systems or equipment which are completely installed, functional, and ready for operation by facility personnel in accordance with their intended use. (e) Claims by the contractor for delay attributed to unusually severe weather must be supported by climatological data covering the period and the same period for the 10 preceding years. When the weather in question exceeds in intensity or frequency the 10-year average, the excess experienced shall be considered "unusually severe." Comparison shall be on a monthly basis. Whether or not unusually severe weather in fact delays the work will depend upon the effect of weather on the branches of work being performed during the time under consideration.(End of Clause)4.42 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) The clause entitled "Warranty of Construction" in FAR 52.246-21 is supplemented as follows: Any special warranties that may be required under the contract shall be subject to the elections set forth in the FAR clause at 52.246-21, Warranty of Construction, unless otherwise provided for in such special warranties.(End of Clause)4.43 MANDATORY WRITTEN DISCLOSURES Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.4.44 SECURITY REQUIREMENTSIn accordance with VA Handbook 6500.6, Appendix A, the C&A requirements do not apply and a Security Accreditation Package is not required.The following Personal Identity Verification (PIV) of Contractors is applicable to this contract for prime contractor employees as well as all subcontractor employees:Unsupervised, full-time, logical and/or physical access for more than six months OR more than 180 aggregate days in a one year period – PIV Card. ID Requirements: Two IDs compliant with PIV Guidelines. Background Investigation (BI) Requirements: Favorable Special Agreement Check (SAC) adjudication and an initiated National Agency Check with Written Inquiries (NACI).Unsupervised, logical and/or physical access for less than six months OR less than 180 aggregate days in a one year period – Non-PIV Card. ID Requirements: Two IDs compliant with PIV Guidelines. Background Investigation (BI) Requirements: Favorable SAC adjudication. Common physical access ONLY for less than six months OR less than 180 aggregate days in a one year period – Flash Badge. ID Requirements: One ID compliant with PIV Guidelines. Background Investigation (BI) Requirements: None.The Contracting Officer and the COTR have determined that all three of the above requirements will be required for this project at different intervals of progress. Background Investigations and Special Agreement Checks (Tailored)All contractor employees are submit to the same level of investigation as VA employees who have unsupervised access, full-time, logical and/or physical access to Federal Facilities. The level of background investigation commensurate with the level of access needed to perform the statement of work is a NACI for PIV Card requirements and SAC for non-PIV Cards requirements. Flash badges do not require a BI. These requirements also apply to all subcontract personnel working under the contract.The contractor shall bear the expense of obtaining the background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.4.45 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)FAR NumberTitleDate52.202-1DEFINITIONSNOV 201352.203-3GRATUITIESAPR 198452.203-5COVENANT AGAINST CONTINGENT FEESMAY 201452.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENTSEP 200652.203-7ANTI-KICKBACK PROCEDURESMAY 201452.203-8CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITYMAY 201452.203-10PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITYMAY 201452.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONSOCT 201052.203-13CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCTOCT 201552.203-14DISPLAY OF HOTLINE POSTER(S)OCT 201552.203-16PREVENTING PERSONAL CONFLICTS OF INTERESTDEC 201152.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 201452.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-7SYSTEM FOR AWARD MANAGEMENTJUL 201352.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 201152.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCEJUL 201352.204-15SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTSJAN 201452.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCEJUL 201652.204-19INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONSDEC 201452.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENTOCT 201552.209-9UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERSJUL 201352.209-10PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONSNOV 201552.210-1MARKET RESEARCHAPR 201152.211-6BRAND NAME OR EQUALAUG 199952.215-2AUDIT AND RECORDS—NEGOTIATIONOCT 201052.219-6NOTICE OF TOTAL SMALL BUSINESS SET-ASIDENOV 201152.219-8UTILIZATION OF SMALL BUSINESS CONCERNSOCT 201452.219-14LIMITATIONS ON SUBCONTRACTINGNOV 201152.222-1NOTICE TO THE GOVERNMENT OF LABOR DISPUTESFEB 199752.222-3CONVICT LABORJUN 200352.222-4CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATIONMAY 201452.222-6CONSTRUCTION WAGE RATE REQUIREMENTSMAY 201452.222-7WITHHOLDING OF FUNDSMAY 201452.222-8PAYROLLS AND BASIC RECORDSMAY 201452.222-9APPRENTICES AND TRAINEESJUL 200552.222-10COMPLIANCE WITH COPELAND ACT REQUIREMENTSFEB 198852.222-11SUBCONTRACTS (LABOR STANDARDS)MAY 201452.222-12CONTRACT TERMINATION—DEBARMENTMAY 201452.222-13COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONSMAY 201452.222-14DISPUTES CONCERNING LABOR STANDARDSFEB 198852.222-15CERTIFICATION OF ELIGIBILITYMAY 201452.222-21PROHIBITION OF SEGREGATED FACILITIESAPR 201552.222-26EQUAL OPPORTUNITYAPR 201552.222-27AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTIONAPR 201552.222-30CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD)MAY 201452.222-35EQUAL OPPORTUNITY FOR VETERANSOCT 201552.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESJUL 201452.222-37EMPLOYMENT REPORTS ON VETERANSFEB 201652.222-40NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACTDEC 201052.222-50COMBATING TRAFFICKING IN PERSONSMAR 201552.222-54EMPLOYMENT ELIGIBILITY VERIFICATIONOCT 201552.222-55MINIMUM WAGES UNDER EXECUTIVE ORDER 13658DEC 201552.223-2AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTSSEP 201352.223-3HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA ALTERNATE I (JUL 1995)JAN 199752.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATIONMAY 201152.223-6DRUG-FREE WORKPLACEMAY 200152.223-15ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTSDEC 200752.223-17AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTSMAY 200852.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVINGAUG 201152.223-21FOAMSJUN 201652.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASESJUN 200852.227-1AUTHORIZATION AND CONSENTDEC 200752.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENTDEC 200752.227-4PATENT INDEMNITY—CONSTRUCTION CONTRACTSDEC 200752.228-2ADDITIONAL BOND SECURITYOCT 199752.228-11PLEDGES OF ASSETSJAN 201252.228-12PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDSMAY 201452.228-13ALTERNATIVE PAYMENT PROTECTIONSJUL 200052.228-14IRREVOCABLE LETTER OF CREDITNOV 201452.228-15PERFORMANCE AND PAYMENT BONDS—CONSTRUCTIONOCT 201052.229-3FEDERAL, STATE, AND LOCAL TAXESFEB 201352.232-5PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTSMAY 201452.232-17INTERESTMAY 201452.232-18AVAILABILITY OF FUNDSAPR 198452.232-23ASSIGNMENT OF CLAIMSMAY 201452.232-27PROMPT PAYMENT FOR CONSTRUCTION CONTRACTSMAY 201452.232-34PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR AWARD MANAGEMENTJUL 201352.232-39UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONSJUN 201352.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 201352.233-1DISPUTES ALTERNATE I (DEC 1991)MAY 201452.233-3PROTEST AFTER AWARDAUG 199652.233-4APPLICABLE LAW FOR BREACH OF CONTRACT CLAIMOCT 200452.236-1PERFORMANCE OF WORK BY THE CONTRACTORAPR 198452.236-2DIFFERING SITE CONDITIONSAPR 198452.236-3SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORKAPR 198452.236-4PHYSICAL DATAAPR 198452.236-5MATERIAL AND WORKMANSHIPAPR 198452.236-6SUPERINTENDENCE BY THE CONTRACTORAPR 198452.236-7PERMITS AND RESPONSIBILITIESNOV 199152.236-8OTHER CONTRACTSAPR 198452.236-9PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTSAPR 198452.236-10OPERATIONS AND STORAGE AREASAPR 198452.236-11USE AND POSSESSION PRIOR TO COMPLETIONAPR 198452.236-12CLEANING UPAPR 198452.236-13ACCIDENT PREVENTION ALTERNATE I (APR 1984)NOV 199152.236-14AVAILABILITY AND USE OF UTILITY SERVICESAPR 198452.236-16QUANTITY SURVEYS ALTERNATE I (APR 1984)APR 198452.236-17LAYOUT OF WORKAPR 198452.236-21SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION ALTERNATE I (APR 1984)FEB 199752.236-26PRECONSTRUCTION CONFERENCEFEB 199552.242-13BANKRUPTCYJUL 199552.242-14SUSPENSION OF WORKAPR 198452.243-4CHANGESJUN 200752.243-5CHANGES AND CHANGED CONDITIONSAPR 198452.244-6SUBCONTRACTS FOR COMMERCIAL ITEMSJUN 201652.246-12INSPECTION OF CONSTRUCTIONAUG 199652.246-13INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTSAUG 199652.246-21WARRANTY OF CONSTRUCTIONMAR 199452.248-3VALUE ENGINEERING—CONSTRUCTIONOCT 201552.249-2TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996)APR 201252.249-3TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS)APR 201252.249-10DEFAULT (FIXED-PRICE CONSTRUCTION)APR 198452.253-1COMPUTER GENERATED FORMSJAN 1991 ................
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