36C24223B0001_1.docx

36C24223B0001

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24223B0001 X 11-07-2022 620-23-1-2387-0001 620A4-18-212 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 G iaquinto, M ichael 203-295-4294 This project is to furnish all necessary professional Construction services to PHARMACY USP 800 RENOVATIONS in accordance to the project drawings and specifications for the Hudson Valley Healthcare System, Castle Point VAMC The Contractor shall furnish all materials, supplies, equipment, personnel and supervision to accomplish project number

620A4-18-212 PHARMACY USP 800 RENOVATIONS

Period of Performance: Four Hundred

(400) calendar days from the notice-to-proceed (NTP) date.

Contractor will be responsible to coordinate and schedule work during duty hours of 8 AM to 4:30 PM Eastern time except as noted in the general conditions and as approved by the Contracting Officer (CO). Work shall comply with Veterans Affairs (VA) Specifications and regulations, all applicable Federal, State and Local codes, including specific regulations related to working at Northport VAMC.

This is a 100% Service-Disabled Veteran Owned Small Business set aside procurement.

All prospective bidders must be registered in SAM (www.sam.gov), with a Unique Entity Identifier (UEI) and are verified verified/visible/certified in VetBiz (www.vetbiz.va.gov) at the time of offer submission and before award of this procurement. Offerors must submit their annual Vets4212 Report. Magnitude of Construction: Between $2,000,000 and $5,000,000. The North American Industry Classification System Code (NAICS) is 236220- Business Size is $39.5 Million.

A prebid site visit is scheduled for 11/ /2022 at 10:00AM EST. Prospective bidders shall meet at Castle Point VAMC Building 9 engineering conference room 118 NOTE: NO OTHER SITE VISITS WILL BE ALLOWED. INTERESTED BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

To preserve the integrity of the procurement process, all questions and request for information must be submitted in writing to Michael Giaquinto, Contracting Officer via email at Michael.giaquinto2@va.gov.

Questions must be received no later than 11/ /2022 at 2:00PM EST.

The bid opening will be held virtually via webex see page 5 for more details.

Separate requirements: Limitations on Subcontracting Certificate is attached on page 61. The signed certificate must be received with bid. Along wi t h bid provide signed 52.225-2 Buy American Certificate.

Salient characteristics are attached . R eturn and indicate whether the bid includes brand name or an equivalent

FAR Part 36.209 Construction contracts with architect-engineer firms. No contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICIATION AMENDMENTS.

x x 52.211-10 X 10 days 2pm

EST

-2022 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

Michael Giaquinto

Table of Contents

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors…………………………………..24

BID OPENING INFORMATION

In accordance with FAR 14.202-8, the government is authorizing electronic bids on this solicitation due to the COVID-19 pandemic. ALL bids shall be emailed to Michael Giaquinto, Contracting Officer, at Michael.giaquinto2@va.gov prior to the bid opening time. The bids shall include copies of a bid bond. The bid opening shall take place on December 7, 2022 at 2pm EST. No hand-carried or mailed bids will be accepted. Limitations on Subcontracting Certificate, Buy American certificate and salient characteristics are separate requirements attached on page 61. The signed certificate must be included with bid.

The bid opening will take place on a Microsoft Teams conference call. To access the video conference, please access Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 219 224 010 185 Passcode: zgnf5X Download Teams | Join on the web Or call in (audio only) +1 347-566-4838,,384998413# United States, New York City Phone Conference ID: 384 998 413#

STATEMENT OF BID ITEMS

Base Bid General Construction - The scope of this project requires the complete gut renovation and expansion of the existing chemotherapy drug compounding area.

The awarded contractor shall furnish all materials, equipment, supervision, and personnel necessary to accomplish the project as indicated.

Work shall occur between the business hours of 8:00 a.m. and 4:30 p.m. and a minimum of 14 working day notice for delivery of materials and installation shall be scheduled. Off hours work as designated will be required and coordinated 14 days in advance with the COR and CO.

The period of performance for Base Bid (Item 1) construction will be 400 calendar days from Notice to Proceed (NTP) for the initial 30 calendar days critical project submittals will be submitted after VA review (up to 30 calendar days) site work shall commence.

BASE BID: $______________________________

STATEMENT OF WORK

VA Project 620A4-18-212 PHARMACY USP 800 RENOVATIONS VA Hudson Valley Healthcare System VA Medical Center Castle Point Castle Point Road, Wappingers Falls, NY 12590

BACKGROUND/JUSTIFICATION

The VA Hudson Valley Healthcare System, Castle Point Campus requires renovation of the existing chemotherapy drug compounding areas to be compliant with new USP 797 and USP 800 regulations.

SCOPE OF WORK

The scope of this project requires the complete gut renovation and expansion of the existing chemotherapy drug compounding area.

The awarded contractor shall furnish all materials, equipment, supervision, and personnel necessary to accomplish the project as indicated.

Work shall occur between the business hours of 8:00 a.m. and 4:30 p.m. and a minimum of 14 working day notice for delivery of materials and installation shall be scheduled. Off hours work as designated will be required and coordinated 14 days in advance with the COR and CO.

Objectives:

The project will include but not be limited to the following:

1. Coordinate with the COR to perform a site visit of the affected areas. Any other work not listed below but otherwise required as per specifications and drawings are included in the scope of work.

2. Strict adherence to ICRA IV containment safety protocol to be always maintained with the adjacent pharmacy operations.

3. Demolition of the entire existing chemotherapy drug compounding area constituting approximately 450 square feet. Approximately 300 square feet of additional adjacent office space will also be demolished. Finished area of the new chemotherapy compounding area will be approximately 750 square feet. Demolition to include but not be limited to Mechanical, Electrical and Plumbing (MEP) as well as finished walls and doors.

4. Saw cut and demolition of building exterior’s brick and mortar to provide temporary access to the Construction area. Construction area will be reinforced to comply with pharmacy physical security guidelines to prevent entry of General Contractor personnel into the adjacent pharmacy. Pharmacy will remain in operation during all normal working hours. Temporary stairwell will be installed per OSHA guidelines to enable access through the temporary access point. Construction of pharmacy barrier will be performed in strict phased approach to keep impact on pharmacy operations to a minimum.

5. This project requires extensive Mechanical, Electrical and Plumbing (MEP) effort including a new rooftop AHU; biohazard exhaust system; connection to house chilled water, hot water, and steam; CW and HW pump replacement; installation of redundant glycol DX unit; coordinated hands free automatic doors and clean steam generation.

6. Proper negative and positive air flow rates will be balanced in the new chemotherapy drug compounding room in coordination with adjacent existing pharmacy air flow balancing requirements upon completion of construction.

MATERIAL TO BE PROVIDED BY THE VA

A. Specific sections of the VA Master Construction Specifications, Design and Construction procedures, and Standard Details.

B. Construction Documents or design drawings C. Site Plan D. Work Hours Request Form E. SOP 138-12HV – DHW Temperature Limits F. SOP 138-13HV – Hot Work Procedures G. SOP 138-22HV – Construction Standard Procedures Quality Assurance For Projects H. SOP 138-60HV – Engineering Service IC Policy I. SOP 138-69HV – Fall Protection J. VA HVHCS Contractor ID K. VA HVHCS Orientation Manual L. VA HVHCS Safety Manual M. Waste Manifest Form (example)

PERIOD OF PERFORMANCE

The Contract Time Period of Performance for construction will be 400 calendar days from the Notice to Proceed (NTP) which includes 30 days for contractor closeout.

PLACE OF PERFORMANCE

The place of performance for this contract is VA Hudson Valley Healthcare System, Castle Point, NY located at Castle Point Road, Wappingers Falls, NY 12590.

DELIVERABLES/ CONSTRUCTION PERIOD SERVICES

A kick-off meeting of the Contractor, VA Contracting Officer, and the COR will be held prior to Construction. The Statement of Work and the existing conditions of the site proposed for work will be reviewed.

After award of a Task Order and issuance of the Notice to Proceed, all site visits shall be coordinated through the COR. A copy of the COR’s authorized duties and responsibilities will be provided with the Notice to Proceed.

All contractor personnel, sub-contractors and representatives visiting VA sites will be required to sign in upon arrival with VA Police in Building 8 and/or retain a temporary VA Badge. Each visiting individual will be required to enter their name, their company’s name, VA project title, reason for visit, and the times of arrival and departure. Arrangements for after-normal-working-hour site visits must be made in advance and during normal working hours.

A. General: The Contracting Officer reserves the right to terminate any construction period services, without payment for services completed, if such services are not needed or are not being adequately completed.

B. Approved Plans and Permits: Prior to the start of construction, submit to VA copies of all permits.

C. Response to RFI’s: The COR shall be responsible for evaluating RFI’s to determine if a change will be required. The contractor shall then provide recommendations to the Contracting Officer. Within 72 hours, the COR shall provide in writing the information, clarification or revision material needed to properly answer the RFI and to resolve the issue. The contractor shall include a cost/credit estimate for RFI’s which result in a change to contract cost.

D. Submittals/Submittal Review: A submittal log shall be included and maintained by the Contractor. Submit via Procor or equivalent VA approved share site for this purpose.

E. Remedial Action: Whenever it becomes apparent from the current monthly updated schedule that phasing or contract completion dates will not be met, the contractor shall execute some or all of the following remedial actions:

a. Increase construction manpower in such quantities and crafts as necessary to eliminate the backlog of work.

b. Increase the number of working hours per shift, shifts per working day, working days per week, the amount of construction equipment, or any combination of the foregoing to eliminate the backlog of work. Obtain a work hours request form from the COR and submit for approval from the Chief Engineer and Contracting Officer.

c. Reschedule the work in conformance with the solicitation requirements. The contractor shall notify the Contracting Officer or designee as to what actions are being taken to mitigate the proposed schedule changes. The project schedule revisions shall be incorporated by the contractor network diagram before the next update, at no additional cost to the Government.

F. Site Visits: Day to day construction administration will be performed by the COR. Periodic reviews, tests, and other field observation by the Government are not to be interpreted as superintendence nor as resulting in any approval of the contractor’s apparent progress toward meeting the Government’s objectives; but are intended to discover any information that the Contracting Officer may be able to call to the contractor’s attention to prevent costly misdirection of effort.

The contractor shall remain responsible for constructing, operating, and maintaining the site in full accordance with the requirements of this solicitation.

The contractor shall provide VA with a copy of all inspection reports for inspections conducted by local, regional, and state code authorities from the start of construction through issuance of the certificate of occupancy.

G. The contractor shall develop and provide to the VA the following:

a. Meeting Minutes: The contractor shall take minutes of all meetings with the VA (including site visits) and shall provide a copy to the Contracting Officer for a concurrence signature.

b. Construction Schedule/ Period of Performance: The contractor shall develop and submit a schedule of work to be completed prior to start; indicating the entire length of time estimated for the completion of the construction contract, measured in weeks. The contractor shall provide a commensurate Gantt chart for the construction activities to include critical path times. All work shall be completed within 400 days of receipt of Notice to Proceed.

c. Safety Plan: The contractor shall produce work in accordance with the latest editions of all applicable DVA guidelines (e.g. Construction Standards, Master Specifications, Standard Details, Special Design Criteria to meet Hospital Joint Commission (JCAHO) requirements), NFPA, Federal and State codes pertinent to the project scope.

H. All construction personnel on site are required to obtain an Occupational Safety and Health Administration (OSHA) 10 hour construction certification, and the site competent person for the contractor must obtain an OSHA 30 hour construction certification.

I. Prior to the start of construction, the specifications shall require the contractor to develop and submit such plans as required by the VA relating to Safety and Environmental Issues. These may include but are not limited to:

a. Contractor shall meet, review, and comply to the Hazardous Evaluation Form (SOP 138-022) Section A and C and other SOP(s) of the facility. Construction Standard Procedures Quality Assurance For Projects; VA Hudson Valley Healthcare System. Issue Date: 05/03/2019. Update: 05/03/2022.

b. Electrical utilities and other piping/conduits are on site, however exact locations are unknown. For onsite digging or excavation approval, submit a VA Dig Permit SOP 138-022. Construction Standard Procedures Quality Assurance For Projects; VA Hudson Valley Healthcare System. Issue Date: 05/03/2019. Update: 05/03/2022.

c. Hazardous materials are not anticipated, however if discovered refer VA Hudson Valley Healthcare System SOP 138-22HV.

d. The project is rated a Categorical Exclusion under NEPA

e. Site Specific Safety Plan – Sediment and Erosion Control Plan

f. Job Hazard Analysis – Traffic Management/Temporary Parking/Access Plan

g. Infection Prevention – Infection Control Risk Assessment Work Permit: Form 11IC-05HV Infection Control During Construction and Renovation; VA Hudson Valley Healthcare System. Issue Date: 11/27/2018. Update: 11/27/2021.

h. Quality Control Plan – A Quality Control Plan shall be implemented for identifying and specifying the appropriate standard forms for Quality Control inspections that will become part of the overall plan.

SECURITY

Contractor and subcontractor employees shall obtain day passes for any site visits from the VA Police Station. If personnel from the Contractor and subcontractor are expected to be on site for more than five (5) days (cumulative), they shall file paperwork to obtain a permanent ID for the station. Necessary paperwork can be obtained from the COR.

The Contractor and subcontractor employees who intend to take photos must inform the COR, at least 48 hours ahead of time, of such intentions.

SAFETY CODES / CERTIFICATION / LICENSING

Environmental abatement work is not anticipated for this project. If ACM, lead, or other hazardous materials is suspected, notify the Contracting Officer and COR immediately.

Environmental abatement work, if necessary, is to be performed by Contractor under supervision and monitoring for the VA by a Certified Industrial Hygienist.

The Contractor shall comply with all codes as described above, as well as codes customarily applied in VA construction jobs such as NFPA fire code, OSHA, VA Design Guides, etc. Labs used by the contractor shall be licensed as required by any applicable governing agencies, and their certifications and licenses shall be included in the reports.

TRAVEL

Contractor and and/or subcontractor(s) will travel from their place of business to the Montrose campus of HVHCS.

NARA Records Management Requirements

The following standard items relate to records generated in executing this contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31, and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. The Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. The Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

APPENDIX A

INFECTION PREVENTION MEASURES

A. Implement the requirements of VA Medical Center’s Infection Control Risk Assessment (ICRA) team. ICRA Group may monitor dust, in the vicinity of the construction work, and require the Contractor to take corrective action immediately if the safe levels are exceeded.

B. Establish and maintain a dust control program as part of the contractor’s infection preventive measures in accordance with the guidelines provided by ICRA Group as specified here. Prior to start of work, prepare a plan detailing project-specific dust protection measures, including periodic status reports, and submit to Project Manager and Facility ICRA team for review for compliance with contract requirements in accordance with Section 01340, SAMPLES AND SHOP DRAWINGS.

1. All personnel involved in the construction or renovation activity shall be educated and trained in infection prevention measures established by the medical center.

C. Medical Center Infection Control personnel shall monitor for airborne disease (e.g. aspergillosis) as appropriate during construction. A baseline of conditions may be established by the medical center prior to the start of work and periodically during the construction stage to determine impact of construction activities on indoor air quality. In addition:

D. In general, following preventive measures shall be adopted during construction to keep down dust and prevent mold.

E. Final Cleanup:

1. All new air ducts shall be cleaned prior to final inspection. SPEC WRITER NOTE: On small projects developed at Medical Center, Engineering Officer may tag items to be removed and stored, instead of noting such items on drawings or in specifications.

END OF APPENDIX

APPENDIX B

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. 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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S> defense industry contractor personnel safeguard the classified information in their possession while performing work on contracts, programs, bid, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Secretary Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor’s rights to use data as described in Rights in Data – General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to terminator or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1 Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designation in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

a. The Systems of Records (SOR); and

b. The design, development, or operation work that the contractor/subcontractor is to perform;

i. Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

ii. Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of SOR on individuals to accomplish an agency function. For purposes of the ACT, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The A/E shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the A/E anywhere in the Systems including Operating Systems and firmware. The A/E shall ensure that Security Fixes shall not negatively impact the Systems.

j. The A/E shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system).