36C10X19Q0193-001.docx

36C10X19Q0193

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C10X19Q0193 08-09-2019 Tom Evans

(240) 215-1686 08-27-2019

3:30 PM EST

21703 Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick

MD

21703 X X 238390 $15 Million N/A X 36C10X U.S. Department of Veterans Affairs Hines Information Technology Center (HITC) Bldg. 215; Room 100 5000 S. 5th Avenue Hines

IL

60141 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick

MD

21703

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment) Austin

TX

78714-8917 1-(877)-489-6135 See CONTINUATION Page A required pre-response walk through for prospective vendors will take place on August 21, 2019 at the HITC site.

Vendors may register for one of two scheduled times:

9:00 am - 11:00 am (CST), or 12:30 pm - 2:30 pm (CST).

Please register attendance with the Contract Specialist (CS) at Thomas.evans3@va.gov by 11:00 am (CST) on 8/19/2019.

Questions will be due by 11:00 am (CST) on 8/22/2019 and can be emailed to the CS at Thomas.evans3@va.gov Quotes are due to the CS by 2:30 CST on August 27, 2019.

See CONTINUATION Page X Table of Contents

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:

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:

4. 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.

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment) Austin TX 78714-8917 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.3 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.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Removal of Smoke Eaters

Removal of Ceiling Tiles

Installation of Ceiling Tiles

Onsite Electrician

0.00

Ceiling Tiles

0.00

Ceiling Grid (including tie wires and structural supports)

Page 1 of Page 1 of

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).

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5)…