36C10X19Q0193-0002000.docx

36C10X19Q0193

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) none 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703 To all Offerors/Bidders

08-09-2019

X

X X

09/04/2019 @ 2:30 pm CST

The purpose of this amendment is as follows:

1. To announce the extended due date and time of 09/04/2019 @ 2:30 pm CST.

2. To provide responses to vendor posed questions (see Continuation Pages, below.)

3. To provide additional guidance and instruction concerning Past Performance submission requirements (see Section E3- 'Summary of RFQ Submission'; Item 2 - Past Performance.)

4. To include Clause 52.228-16 Performance and Payment Bonds for Other than Construction. (See D.6 Attachment F - SF1418 Performance Bond for Other than Construction Contracts.)

5. To include Wage Determinations for Cook County, Illinois (see D.7 Attachment G - Wage Determinations 2015-5018 All other terms and conditions contained in the subject RFQ remain in full force and effect.

Table of Contents

CONTINUATION PAGE

HITC Ceiling Tile Replacement- Vendor questions and VA provided answers

1. Solicitation, B.2 Price/Cost Schedule – Will the scheduled unit price include OH/P or should the unit costs exclude OH/P?

RESPONSE: Yes, please include any OH/P in your quoted labor rates. See inclusion under E.3 ‘Summary of RFQ Submission’ item 3. Pricing.

2. Price Breakdown, Sheet IGCE narrative – Is the contractor to fill out this sheet as part of the bid? RESPONSE: Please see E.3 Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items. Under Summary of RFQ Submission; Item 3. Price, describes the requirement to submit Attachment E (see D.5) HITC Ceiling Tile Replacement Price Schedule.

3. Price Breakdown, Sheet Project Name – Is this sheet pertinent to this job?

RESPONSE: See D.5 (Attachment E). Updated attachment has removed the unneeded tab, ‘Project Name’.

4. Is a bid bond required for this project? If it is required, please provide a bid bond percentage. RESPONSE: No bid bond is required, but contractors are required to complete SF-1418 (see D.6 Attachment F – Performance Bond for Other than Construction Contracts.)

5. Please clarify the working hours for the project.

RESPONSE: Please refer to Section B.2 PWS – Item 4. Period of Performance (highlighted area defines working hours for the project).

6. Summary of RFQ submission (pg. 38 of the solicitation) states to provide “(1) Technical approach referencing the Performance Work Statement (up to 10 pages), (2) Past Performance Questionnaire (Attachment E) (up to 3 questionnaires/2 pages each), and (3) Price – submit by completing ATTACHMENT F (see D.6) Quote Price Schedule.” as a submission package.

a. The bid package has an inclusion of past performance reference. Are we required to submit a past performance reference as part of RFQ submission?

RESPONSE: Yes, see item 2. Past Performance for updated instructions concerning both provided past performance documents (D.3 Attachment C – Past Performance References and D.4 Attachment D – Past Performance Questionnaire).

b. There is no attachment F (D.6) as a part of the bid package. Are we to provide the price in the section B.2 (price/cost schedule) of the solicitation?

RESPONSE: The correct Attachment to provide pricing has been updated to read D.5 Attachment E – HITC Ceiling Tile Replacement Price Schedule. Contract Line Items are delineated in updated B.3 Price/Cost Schedule, but pricing should not be submitted via this section, but instead via updated Attachment E (D.5).

7. SF1449 of the solicitation directs the contractor to complete blocks 12, 17, 23, 24, & 30. What should we fill in the block 23 & 24, as no quantities were provided in blocks 21 and 22? RESPONSE: Contractors may complete block 12 but are only required to complete blocks 17 and 30. The additional referenced blocks would apply to pricing, of which all information will be provided via updated Attachment E (D.5).

8. PG 4 OF 56 Please confirm if the scissor lift operator for the 20' ceilings must have a flagger/observer since the job is first shift hours and workers will be moving around the space.

RESPONSE: The VA cannot mandate the Contractors Safety Program Requirements.

9. PG 5 OF 56 Please confirm scope: scope states that "contractor will coordinate work with HITC's fire alarm and security vendors to temporarily disconnect and remove devices to be reinstalled from existing tiles." please confirm if the following: (1) 'contractor' is to execute all of this work, demo/disconnect and reinstall and only coordinate with FA and security companies' (2) HITC's FA and security vendors will demo/disconnect and reinstall this scope under separate contract. (3) HITC's FA and security vendors will demo/disconnect, and the contractor will reinstall and make all necessary connections. We are unclear who owns this scope.

RESPONSE: The Contractor is responsible for the removal and replacement of ALL devices. The VA cannot tell the contractor how to achieve this, we can forward the names of the companies who currently are used. The VA will coordinate internally for when the system is required to be off-line and brought back up.

10. PG 5 OF 56 The computer room is protected by a water base sprinkler system that uses Passive InfraRed (PIR) sensors that will require coordination for local deactivation. Please confirm that the contractor is not responsible for the devices and that the PIR sensor provider is disconnecting, demounting, and then reinstalling this scope. Later the scope says that 'devices shall be stored and protected, on site, for future reinstallation by the contractor'. In this instance is the PIR company disconnecting and demounting to a stored location? Unclear if this is a sole source vendor that we should be soliciting for this scope of work under the 'contractor/prime contract'.

RESPONSE: The Contractor is responsible for the removal, storage and replacement for all devices.

11. PG 5 of 56 With the hundreds of active data racks and the potential for PIR malfunction when demoing FA and sprinklers during this project, has the facility considered fully containing the rack units below with hard covers or is 6mm poly draped over the units the approved method?

RESPONSE: The protection of the server racks is part of the scope, the VA cannot direct the contractor on how to proceed. The VA will review the submitted MOP for approval prior to the start of the project start.

12. PG 5 OF 56 Scope of work calls for six (6) drop-in return grills. PG 7 of 56 states to provide and install ten (10) new return grills. Please confirm quantity desired.

RESPONSE: The VA would like to use the quantity of ten (10) for this project, extra materials shall be given to the COR for determination of storage/return.

13. Attic Stock Does the facility require or desire attic stock of ceiling, grills or the like for this project as attic was not mentioned in the SOW.

RESPONSE: Bid the Project as called out in the PWS.

14. PG 6 of 56 Please confirm if FA, security, CCTV vendors are carried/under separate contract to reinstall and reconnect demo'd/demounted devices as it states for contractor to 'coordinate' and it does not say 'install'. Need to understand if the prime contractor is responsible for all or not.

RESPONSE: The Contractor is responsible for the removal, securing and reinstallation of all devices within the scope.

15. PG 6 of 56 Period of Performance is 180 days. Please confirm that NTP will not begin until all employees are badged for the data center core. This is typically an extremely long process. If not, will the COR want us to have an escort of unbadged employees? If so, that is more cost for a prime escort for the project.

RESPONSE: The VA requires that internal staff to escort ALL projects within the data center. The Contractor’s employees will be required to take a background investigation to access the data center for the project. The CO will determine the start of the NTP for the project.

16. GENERAL Please confirm that we will be provided room at the loading dock for our dumpster and our 40' sea container of material.

RESPONSE: The contractor shall coordinate with the COR for dumpster placement and location of the CONEX.

17. PG 14/15 of 56 Line item 0003 states 'installation of ceiling tiles' and 0005 states 'ceiling tiles'. Is line 003 just install and 0005 just material?

RESPONSE: Per question 2, above: Please see E.3 Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items. Under Summary of RFQ Submission; Item 3. Price describes the requirement to submit Attachment E (see D.5) HITC Ceiling Tile Replacement Price Schedule. The Quote Price Schedule contains two sections, one for labor and one for materials, please provide quotes as indicated.

18. Line item 0006 has ceiling Grid (including tie wires and structural supports). Could this line item be deleted and moved into line items 0003 and 0005?

RESPONSE: No, quotes for Ceiling Grid (0006) should include tie wires and structural supports as a separate material cost than ‘Ceiling Tiles’ (0005), and also separate from labor costs required in ‘Installation of Ceiling Tiles’ (0003).

A.1 52.228-16 PERFORMANCE AND PAYMENT BONDS—OTHER THAN CONSTRUCTION (NOV 2006) ALTERNATE I (JULY 2000)

(a) Definitions. As used in this clause— "Original contract price" means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection to the Government in an amount equal to75% percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 5 days, but in any event, before starting work.

(d) The Government may require additional performance bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the:

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: To be determined

b. GOVERNMENT: Contracting Officer 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

3. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Contractor Point of Contact: Name, number, email Contracting Point of Contact: Name, number, email Customer Point of Contact: Name, number, email

1. Submission - All invoices shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten (fka OB10) ELECTRONIC INVOICE SUBMISSION FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

· VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

· A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

· https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests

· http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily

1. Submission of Proper Invoice - The following data must be included in an invoice for it to constitute a proper invoice:

a. Name and address of the contract

b. Invoice date and number

c. IFCAP Purchase Order No. TBD

d. Contract No. TBD

1. Item number, description, quantity, unit of measure, price, extended price and a total of supplies delivered or services performed.

1. Cumulative billing (per line item and total)

1. Final invoices must be marked ‘FINAL INVOICE’

1. Proof of supplies delivered or services performed MUST also be provided. Signature, printed name and title of Government receiving official and date of delivery or performance period must be included.

INVOICES THAT DO NOT COMPLY WITH THESE REQUIREMENTS SHALL BE REJECTED.

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ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

HITC Data Center Acoustical Ceiling Tile Replacement and Smoke Eater Removal

1. BACKGROUND

The mission of the Department of Veterans Affairs (VA), Office of Information & Technology (OIT), IT Operations and Services at Hines Information Technology Center (HITC) is to provide benefits and services to Veterans of the United States. In meeting these goals, HITC strives to provide high quality, effective, and efficient Information Technology (IT) services to those responsible for providing care to Veterans throughout all points of the United States, in an effective, timely and compassionate manner. VA depends on Information Management/Information Technology (IM/IT) systems to further meet mission goals. The HITC processes data that is considered a lifeline to Veterans and constant availability of that data is crucial. The HITC facility department is responsible for ensuring the data center will not experience any power loss or electrical outage under any circumstance, 24 hours a day and seven days a week (24/7).

To accomplish the mission and goals of the Department of Veterans Affairs, HITC needs to replace/upgrade the existing data center acoustical ceiling tiles to data center specific rated tiles. The existing ceiling tiles are deteriorating and the particulate falling from the tiles poses a danger to the computer equipment. During this project, the Contractor will remove twelve [12] air purifiers (smoke eaters), that are no longer required, from the ceiling space.

1. SCOPE OF WORK

The Contractor shall provide all labor, material, and equipment necessary for the removal and replacement of approximately 14,800 square feet of 24”x 48” [2’x4’] drop-in acoustical ceiling tiles located in room 100, the existing computer room. Nine thousand two hundred [9,200] square feet of the ceiling is approximately nine (9) feet above the data center floor but five thousand six hundred [5,600] square feet is in the high bay section of the room which is approximately 20 feet above the data center floor.

1. SPECIFIC TASKS AND DELIVERABLES

The tasks needed to complete this project shall include but not be limited to the following:

Preparation The Contractor must pre-vacuum the ceiling tiles before removal using HEPA filter vacuums and vacuum the existing ceiling cavity before new tile installation using HEPA filter vacuums. The Contractor will coordinate with HITC engineers to identify the electrical circuits for these devices and provide lockout tagout during the work and circuit breaker locks for the circuit breakers per the applicable codes. The Contractor shall remove conduits and power wiring back to the circuit breaker or remove power wiring conduit back to the closest junction box to the electrical panel.

The Contractor will coordinate work with HITC’s fire alarm and security vendors to temporary disconnect and remove devices to be reinstalled (sprinkler head escutcheons, smoke detectors, CCTV cameras etc.) from the existing tiles. The computer room is protected by a water base sprinkler system that uses Passive InfraRed (PIR) sensors that will require coordination for local deactivation. Devices shall be stored and protected, on site, for future reinstallation by the Contractor. Existing escutcheons will have to be removed from around the existing sprinkler heads. The system will remain active during this project. Cutting new tiles into two pieces will not be allowed.

Some of the units are located above existing computer equipment that will remain active during this work. Work over these units will have to be coordinated and accomplished without affecting the computer equipment. The Contractor shall be responsible for controlling the dust that will be created in the process of this work. No dust or debris can get on in or near the existing computer equipment that will remain active during this work. The Contractor can use plastic sheeting, filter media on the computer equipment enclosures air intakes, etc. Only HEPA filter vacuums can be used.

The Contractor will have to provide equipment (scaffolding, lifts, etc.) necessary to reach the high bay (20 feet) ceiling tiles. A Method of Procedure (MOP) shall be developed and submitted to the COR for approval. Note: raised floor tiles have a 1500 lb. point load rated capacity.

Tiles and Grids The Contractor shall purchase and install six (6) drop-in return grills. Grills shall match existing high bay return grills and be installed in the high bay ceiling system.

The Contractor shall install new ceiling grid where necessary. The new grid to match existing in type and color. The Contractor shall repair any problems with the existing ceiling grid including tie wires and structural supports as necessary. Ceiling grid should be straight and level before installing new tiles. The ceiling tiles shall meet/exceed American Society for Testing Materials (ASTM) C635 & ASTM C636. The finished grid will have no more than ¼” of deflection from the center point to any edge and tiles must sit flat in the grid with no gaps.

Air Purifiers (Smoke Eaters) The Contractor shall remove twelve [12] ceiling mounted air purifiers (smoke eaters) and all associated mounting brackets, threaded rod, and vibration isolators. Units are 24”x48”x17” and weigh approximately 130 lbs. The Contractor will remove the existing units from the site and disposing of them per local codes and best practices. The Contractor is responsible for installing new ceiling tiles and grid where the units were removed.

Reinstallation The Contractor shall install new ceiling tiles where fire sprinklers exist and comply to National Fire Protection Association (NFPA) codes. The Contractor shall install new ceiling tiles, hole sawing tiles as need for sprinkler heads, ceiling mounted devices and saw cutting edge tiles. New ceiling tiles will be of a type designed for clean room or computer rooms (data centers), a flat white finish such as USG Mars Clean Room Acoustical Panels or approved equivalent.

Contractor will coordinate this work with the buildings fire alarm and security vendors to reinstall and reconnect existing devices onto new ceiling tiles (sprinkler head escutcheons, smoke detectors, closed circuit television (CCTV) cameras etc.). The Contractor shall install new escutcheons after the new tiles have been installed. The Contractor is responsible for removing, transferring, reinstalling and wiring the existing devices in the new tiles. The Contractor is responsible for cutting the holes in the tiles and electrical disconnect/reconnect as necessary.

Completion A complete closeout package consisting of cut sheets and specification for the ceiling tiles, shall be provided to the Project Manager and the COR with the closeout package to signify project completion.

1. PERIOD OF PERFORMANCE

The total period of performance shall be not more than one hundred eighty days (180 days) after award of contract.

Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the COR If required, the COR may designate the Contractor to work during holidays and weekends.

The work must be performed during normal business hours (Monday – Friday) 0700 hrs. to 1600 hrs. Coordination and exceptions to this schedule shall be presented in writing and approved in advance by the COR.

There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that VA follows: Under current definitions, four 4) are set by date:

1. Place of Performance The work will be performed in room 100 of the Hines HITC which is building 215 of the Hines VA campus. Building 215 is located at 5000 S. 5th Avenue, Hines IL 60141.

1. DELIVERABLES

The Contractor must provide a project schedule showing project phasing and timelines.

Provide MOP’s, submittals and samples a minimum of thirty days before the start of work per Section 01 32 23

1. GOVERNMENT FURNISHED PROPERTY

There is no requirement for government-furnished information, equipment, and facilities.

1. PERSONNEL

The Contractor shall have a superintendent onsite for the duration of the project.

1. SECURITY REQUIREMENTS

The Contractor’s employees shall obtain security clearances and PIV Badges to authorized access to the VA HITC facility site. See Addendum A & B for security guidance.

1. APPLICABLE DOCUMENTS

In the performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following applicable documents:

· 44 U.S.C. § 3541, “Federal Information Security Management Act (FISMA) of 2002”

· Federal Information Processing Standards (FIPS) Publication 140-2, “Security Requirements for Cryptographic Modules”

· 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

· 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”

· Department of Veterans Affairs (VA) Directive 0710, “Personnel Suitability and Security Program,” May 18, 2007

· OSHA 29 CFR 1910 “General Industry Regulations”.

· U.S. Department of Veterans Affairs Office of Construction & Facilities Management February 2011.

· NFPA 1, 101 & 72.

And the following related work:

· NCA MASTER SPECIFICATION - SECTION 01 00 00 – GENERAL REQUIREMENTS

· NCA MASTER SPECIFICATION - SECTION 01 33 23 – SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

· NCA MASTER SPECIFICATION - SECTION 01 35 26 – SAFETY REQUIREMENTS

· NCA MASTER SPECIFICATION - SECTION 02 41 00 - DEMOLITION

· NCA MASTER SPECIFICATION - SECTION 09 22 16 - NONSTRUCTURAL METAL FRAMING

· NCA MASTER SPECIFICATION - SECTION 09 51 00 – ACOUSTICAL CEILINGS

· NCA MASTER SPECIFICATION - SECTION 26 05 11 – REQUIREMENTS FOR ELECTRICAL INSTALLATIONS

· NCA MASTER SPECIFICATION - SECTION 01 32 16 17 – PROJECT SCHEDULES (SMALL PROJECTS – DESIGN/BUILD)

· All applicable state and local codes and standards

ADDENDUM A

A1. VA Enterprise Architecture Compliance The applications, supplies, and services furnished under this contract must comply with One-VA Enterprise Architecture (EA), available at http://www.ea.oit.va.gov/index.asp in force at the time of issuance of this contract, including the Program Management Plan and VA's rules, standards, and guidelines in the Technical Reference Model/Standards Profile (TRMSP). VA reserves the right to assess contract deliverables for EA compliance prior to acceptance.

A1.1. VA Internet and Intranet Standards The Contractor shall adhere to and comply with VA Directive 6102 and VA Handbook 6102, Internet/Intranet Services, including applicable amendments and changes, if the Contractor’s work includes managing, maintaining, establishing and presenting information on VA’s Internet/Intranet Service Sites. This pertains, but is not limited to: creating announcements; collecting information; databases to be accessed, graphics and links to external sites. Internet/Intranet Services Directive 6102 is posted at (copy and paste the following URL to browser): http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=409&FType=2 Internet/Intranet Services Handbook 6102 is posted at (copy and paste following URL to browser):

http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=410&FType=2

A2. Physical Security & Safety Requirements The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law.

a) The Contractor and their personnel shall wear visible identification at all times while they are on the premises.

b) VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

c) Smoking is prohibited inside/outside any building other than the designated smoking areas.

d) Possession of weapons is prohibited.

e) The Contractor shall obtain all necessary licenses and/or permits required to perform the work, except for software licenses that need to be procured from a Contractor or Contractor in accordance with the requirements document. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

A3. Confidentiality and Non-Disclosure The Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

The Contractor may have access to Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) that is subject to protection under the regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”). Pursuant to the Privacy and Security Rules, the Contractor must agree in writing to certain mandatory provisions regarding the use and disclosure of PHI and EPHI.

1. The Contractor may have access to some privileged and confidential materials of VA due to damage and/or mutilated letters. These printed and electronic documents are for internal use only, are not to be copied or released without permission, and remain the sole property of VA. Some of these materials are protected by the Privacy Act of 1974 (revised by PL 93-5791) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense.

2. The VA CO will be the sole authorized official to release in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. The Contractor shall release no information. Any request for information relating to this contract presented to the Contractor shall be submitted to the VA CO for response.

3. Contractor personnel recognize that in the performance of this effort, Contractor personnel may receive or have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers and other private or public entities. Contractor personnel agree to safeguard such information and use the information exclusively in the performance of this contract. Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations as enumerated in this section and elsewhere in this Contract and its subparts and appendices.

4. Contractor shall limit access to the minimum number of personnel necessary for contract performance for all information considered sensitive or proprietary in nature. If the Contractor is uncertain of the sensitivity of any information obtained during the performance this contract, the Contractor has a responsibility to ask the VA CO.

5. Contractor shall train all their employees involved in the performance of this contract on their roles and responsibilities for proper handling and nondisclosure of sensitive VA or proprietary information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information shall be used for the profit of any party other than those furnishing the information. The sensitive information transferred, generated, transmitted, or stored herein is for VA benefit and ownership alone.

6. Contractor shall maintain physical security at all facilities housing the activities performed under this contract, including any Contractor facilities according to VA-approved guidelines and directives. The Contractor shall ensure that security procedures are defined and enforced to ensure all personnel who are provided access to patient data must comply with published procedures to protect the privacy and confidentiality of such information as required by VA.

7. Contractor must adhere to the following:

a. The use of “thumb drives” or any other medium for transport of information is expressly prohibited.

b. Controlled access to system and security software and documentation.

c. Recording, monitoring, and control of passwords and privileges.

d. All terminated personnel are denied physical and electronic access to all data, program listings, data processing equipment and systems.

e. VA, as well as any Contractor (or SubContractor) systems used to support development, provide the capability to cancel immediately all access privileges and authorizations upon employee termination.

f. Contractor PM and VA PM are informed within twenty-four (24) hours of any employee termination.

g. Acquisition sensitive information shall be marked "Acquisition Sensitive" and shall be handled as "For Official Use Only (FOUO)".

h. Contractor does not require access to classified data.

8. Regulatory standard of conduct governs all personnel directly and indirectly involved in procurements. All personnel engaged in procurement and related activities shall conduct business in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. The general rule is to strictly avoid any conflict of interest or even the appearance of a conflict of interest in VA/Contractor relationships.

ADDENDUM B

B1. GENERAL

Contractors, Contractor personnel, SubContractors, and SubContractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

B2. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The Contractor/SubContractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/SubContractor has access.

b. To the extent known by the Contractor/SubContractor, the Contractor/SubContractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the Contractor/SubContractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the Contractor/SubContractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The Contractor, its employees, and its SubContractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The Contractor/SubContractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

B3. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the Contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the Contractor/SubContractor processes or maintains under this contract.

b. The Contractor/SubContractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

i. Nature of the event (loss, theft, unauthorized access);

ii. Description of the event, including:

iii. date of occurrence;

iv. data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

v. Number of individuals affected or potentially affected;

vi. Names of individuals or groups affected or potentially affected;

vii. Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

viii. Amount of time the data has been out of VA control;

ix. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

x. Known misuses of data containing sensitive personal information, if any;

xi. Assessment of the potential harm to the affected individuals;

xii. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

xiii. Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

i. Notification;

ii. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

iii. Data breach analysis;

iv. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

v. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

vi. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

B4. SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the Contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the Government, the Contractor must fully cooperate and assist in a Government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The Government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

B5. TRAINING

1. All Contractor employees and subContractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

i. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to access to VA information and information systems;

ii. Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;

iii. Successfully complete Privacy and HIPAA Training if Contractor will have access to PHI;

iv. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and v. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access

2. The Contractor shall provide to the CO and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

3. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until the training and documents are complete.

B6. GOVERNMENT RESPONSIBILITIES

The following needs to be provided by the COR to the Contractor:

The Security Investigations Center will require the following forms from the Contractor or to the Contractor’s personnel: Within 3 business days after award, the Contractor shall provide a roster of Contractor and SubContractor employees to the COR to begin their background investigations.

The roster shall contain:

1. Contractor’s Full Name, Full Social Security Number, Date of Birth, Place of Birth, and individual background investigation level requirement (based upon Sections 3.1 and 3.2 Tasks).

2. The Contractor should coordinate the location of the nearest VA fingerprinting office through the COR. Only electronic fingerprints are authorized.

3. For a Low Risk designation the following forms are required to be completed: 1. OF-306 and 2. DVA Memorandum – Electronic Fingerprints. For Moderate or High Risk, the following forms are required to be completed: 1. VA Form 0710 and 2. DVA Memorandum – Electronic Fingerprints. These should be submitted to the COR within 5 business days after award. (DVA Memorandum – Electronic Fingerprints is filled out by the VA Facility that took the electronic fingerprints)

4. The Contractor personnel will receive an email notification from the Security and Investigation Center (SIC), through the Electronics Questionnaire for Investigations Processes (e-QIP) identifying the website link that includes detailed instructions regarding completion of the investigation documents (SF85, SF85P, or SF 86). (The SF85 does not need to be uploaded because OPM is going paperless and the Contractor will complete this questionnaire online when the e-QIP link is sent.) (DVA Memorandum – Electronic Fingerprints is filled out by the VA Facility that took the electronic fingerprints) (Please be advised that the Contractor will need all the necessary information easily accessible as the website will time out and they can lose the information they inputted if they take too long to fill it in.)The Contractor personnel shall submit all required information related to their background investigations utilizing the Office of Personnel Management’s (OPM) Electronic Questionnaire for Investigations Processing (e-QIP).

5. The Contractor is to certify and release the e-QIP document, print and sign the signature pages, and send them to the COR for electronic submission to the SIC. These should be submitted to the COR within 3 business days of receipt of the e-QIP notification email.

6. The SIC will then upload the e-QIP signature pages to e-QIP and release the case file to OPM for investigation.

7. The SIC will notify the CO and Contractor after adjudicating the results of the background investigations received from OMB.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Removal of Smoke Eaters

Removal of Ceiling Tiles

Installation of Ceiling Tiles

Onsite Electrician

Ceiling Tiles

Ceiling Grid (including tie wires and structural supports)

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SECTION C - CONTRACT CLAUSES

C.1 FEDERAL HOLIDAYS

Any work at the Government site shall not take place on Federal holidays or weekends unless requested by the Contracting Officer (CO). Ten (10) Federal holidays are observed by law (USC Title 5 Section § 6103).