36C24621B0001_2.docx

36C24621B0001 Section L Contract Opportunity Special Notice

PRODUCT SERVICE CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

GENERAL INFORMATION

ADDITIONAL INFORMATION

* = Required Field Contract Opportunity Special Notice

Z1DZ

B6 Roof Structural Repair 28144 36C24621B0001 N 236220 Department of Veterans Affairs Network Contracting Office 6 1601 Brenner Ave Salisbury NC 28144 Contracting Officer Sean Cosby sean.cosby@va.gov 910-488-2120 sean.cosby@va.gov

INFORMATION FOR BIDDERS:

DESCRIPTION OF WORK: Contractor shall provide all labor, materials, tools, equipment, and qualified supervision for the Roof structural repair at Building 6 at the VA Medical Center Salisbury, NC, for project titled 659-20-301, Building 6 Roof Structural Repair.

MAGNITUDE OF CONSTRUCTION: Between $250,000 and $500,000.

BID SUBMISSION: Bids will be submitted through email. Please submit bids to sean.cosby@va.gov

BID OPENING: A public bid opening is scheduled for Tuesday, November 24, 2020, at 10:00 a.m., this will be a virtual meeting. Meeting invite will be sent via email to the return email from IFB submission.

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. 8/2

014)

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)

1. 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 offe rs 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.

of 74 36C24621B0001 X 659-20-301 Department of Veterans Affairs Network Contracting Office 6 1601 Brenner Ave Salisbury NC 28144 Department of Veterans Affairs Network Contracting Office 6 1601 Brenner Ave Salisbury NC 28144 Sean Cosby 704-638-9000 x13630 PROJECT TITLE: Building 6 Roof Structural Repair PROJECT LOCATION: Building 6, Salisbury VAMC Salisbury, NC 28144 PROJECT DESCRIPTION: to repair the underside of the precast roof deck within training rooms/offices w ithin the former swimming pool facility at Building 6 of the Salisbury VA Hospital.

Please review the SCOPE OF WORK, Speci fications and Drawings for additional information about the project requirement.

THIS IS A 100% SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) SET-ASIDE IAW 38.U.S.C 8127 (d)

The SDVOSB must be a small business under the relevant NAICS code

SIte Visit: November 10th @ 10:00 AM EST | Bldg 11B parking lot Deadline for receipt of questions/RFI's: November 16th @ 4PM EST Bid Opening: November 24th, 2020 @ 10:00 AM EST Bid Opening location: virtual meeting

Magnitude of construction: between $250,000 and $500,000.

LINE ITEM 001: Contractor shall provide all supervision, labor, materials and equipment necessary to in accordance with the plans and specifications.

x x 52.211-10 X

1530PM

EST

11-23-2020 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 p arties 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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 Contracting Officer

NOTICE

SUBMISSION OF BIDS

The bidder shall submit the following information in succession as response to this Invitation for Bids:

A completed and signed Standard Form 1442. Clearly stating company name and city and acknowledgement of amendments A completed copy of the Representations and Certifications (See FAR 52.204-8 Annual Representations and Certifications (MAR 2012)).

Clearly meets set aside CVE /SDVOSB Cert A fully executed bid bond / bid Guaranty.

Documentation of their safety record. If applicable All forms and/or certifications as directed in the solicitation, including the specifications. IAW IFB instructions

INFORMATION FOR BIDDERS:

DESCRIPTION OF WORK: Contractor shall provide all labor, materials, tools, equipment, and qualified supervision for the Roof structural repair at Building 6 at the VA Medical Center Salisbury, NC, for project titled 659-20-301, Building 6 Roof Structural Repair.

MAGNITUDE OF CONSTRUCTION: Between $250,000 and $500,000.

BID SUBMISSION: Bids will be submitted through email. Please submit bids to sean.cosby@va.gov

BID OPENING: A public bid opening is scheduled for Tuesday, November 24, 2020, at 10:00 a.m., this will be a virtual meeting. Meeting invite will be sent via email to the return email from IFB submission.

SDVOSB SET-ASIDE AND REQUIRED REGISTRATION AT VETBIZ: This procurement is 100% set-aside for Service-Disabled, Veteran-Owned Small Business (SDVOSB). Offers are solicited only from SDVOSB concerns and offers received from concerns that are not from SDVOSB concerns shall not be considered. See FAR Clause 52.219-27, VAAR Clause 852.219-10 and 804.1102. All SDVOSB must be certified by the Center for Veterans Enterprise (CVE) at www.vetbiz.gov, to be eligible to participate.

BID GUARANTEE AND BONDS:

(a) If the bid/offer exceeds $150,000, a bid guarantee is required in an amount not less than 20 percent of the bid/offer price, but shall not exceed $3,000,000.

Bidders are reminded that an acceptable Bid Guarantee MUST be received with the offer before the due date and time. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids/offers, will require rejection of the bid/offer in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4, and may be cause for rejection even then. For guidance, Bidders are referred to FAR provision 52.228-1 in the solicitation, FAR Part 28.101 Bid Guarantees, and FAR Part 28.2 Sureties and Other Security for Bonds. Corporate sureties offered for bonds must appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies, ” See http://www.fms.treas.gov/c570/c570.html.

In addition bid guarantees received will be reviewed in accordance with IL 049-05-11 “Surety Bonds (Bid, Payment, Performance, and Payment Protection) on Construction Solicitations and Contracts”.

(b) If the contract will exceed $25,000 but will not exceed $150,000, the bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A, or alternative payment protection. If the contract will exceed $150,000, the bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A, and a Performance Bond, Standard Form 25. Copies of the Standard Forms 25A and 25 may be obtained upon application to the Issuing Office.

TUBERCULOSIS PRE-CONSTRUCTION RISK ASSESSMENT: In accordance with VHA Directive 2011-036, CEOSH Construction Safety Guidebook, 2012 1.1.1 VHA Policy, CDC 2005 Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in Health-Care Settings.

(a) The contractor must provide written certification that all contract employees assigned to the work site have had a pre-placement tuberculin screening within 90 days prior to assignment to the worksite and have been found to have negative TUBERCULOSIS screening reactions. Contractors will be required to show documentation of negative TUBERCULOSIS screening reactions for any additional workers who are added after the 90-day requirement before they will be allowed to work on the work site.

NOTE: This can be the Center for Disease Control (CDC) and Prevention and two-step skin testing or a Food and Drug Administration (FDA)-approved blood test.

(b) Contract employees manifesting positive screening reactions to the tuberculin must be examined according to current CDC guidelines prior to working on VHA property.

(c) Subsequently, if the employee is found without evidence of active (infectious) pulmonary TUBERCULOSIS, a statement documenting examination by a physician must be on file with the employer (construction contractor), noting that the employee with a positive tuberculin screening test is without evidence of active (infectious) pulmonary TUBERCULOSIS.

(d) If the employee is found with evidence of active (infectious) pulmonary TUBERCULOSIS, the employee would require treatment with a subsequent statement to the fact on file with the employer before being allowed to return to work on VHA property.

RESIDENT ENGINEER: All reference to "Resident Engineer" and “Contracting Officer’s Technical Representative” in the solicitation/specifications and drawings will be changed to "Contracting Officer’s Representative".

GENDER: Wherever masculine gender is used in the solicitation and contract documents, it shall be considered to include both masculine and feminine.

CONTRACTOR RESPONSIBILITY: Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration to the Government for additional time granted for completion of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

TRAINING: Effective July 1, 2005, all employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COTR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. There shall be no exceptions to this requirement.

KEYS: All keys provided the Contractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor. There shall be a charge of $10.00 for each key that is lost or not returned to the COR. Payment shall be made to the VA Medical Center, Salisbury, North Carolina upon receipt of a Bill of Collection.

PREPARATION OF BIDS/OFFERS/PROPOSALS: Neither the VAMC nor the NCO 6 CAS will pay for any costs incurred in preparation and submission of bids or proposals.

PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

NOTE: All computer connections will be made by VA personnel. The contractor will not have access to IT equipment rooms in general. When access is required for cable pulling, etc., the contractor shall be accompanied by a member of Facility Management Service or OI&T staff during the entire tenure of the access. Requirements for this access will be minimal.

VETS 100: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 100 reporting information can be done electronically at: http://www.dol.gov/vets/vets100filing.htm. Award cannot be made unless the awardee has filed their VETS 100 report. Therefore, all bidders/offerors are encouraged to file every year.

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.

CONTRACTOR NORMAL WORK HOURS: The contractor work hours are from 8:00 am to 4:30 pm, Monday through Friday, excluding federal holidays. Federal holidays that fall on a non-work day –Saturday or Sunday-the holiday usually is observed on the Monday if holiday in on Sunday or on Friday if holiday is on Saturday. If the contractor desires to work an alternate schedule or on holidays a written request must be furnished to the COR. All federal holidays are observed as non work days. Federal holidays can be found on the following web site: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=2013. These days will be identified during preconstruction.

SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE:

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record.

1. A self certification on company letterhead that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three (3) years. Bidders shall submit copies of their OSHA logs (OSHA’s Form 300A) for the past three (3) years with their bid. If the firm has not been in business for a full three years, then they shall submit their OSHA logs for the history of the firm.

1. Information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

36C24621B0001 Section B

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

36C24621B0001 Section C

Page 1 of Page 1 of Page 1 of Page 1 of Bldg 6 Roof Structural Repair Project #: 659-20-301 25 Sep 2020

STATEMENT OF WORK

SCOPE OF WORK:

The purpose of this project is to repair the underside of the precast roof deck within training rooms/offices within the former swimming pool facility at Building 6 of the Salisbury VA Hospital. The selected general contractor (GC) will provide all administration, supervision, labor, materials, tools and equipment, and perform all operations necessary to accomplish the work. This will involve demolition, structural repair and replacement of damaged and deteriorated building components as outline in the A/E specifications. Included in the requirement is a bid alternate request for the replacement of the ceiling and restoration of the lights to standards acceptable for occupancy. Work will be performed according to project specifications, all applicable codes, and in accordance with current VA and Salisbury VAMC construction policies, procedures and best practices.

1.0 ADMINISTRATIVE and COORDINATION:

Period of Performance. The contractor will have 120 days from the Notice to Proceed date which includes the time required for all submittals, material & equipment procurement, planning and mobilization, construction activities, and inspections. Disapproved submittals are not reason for additional time/delay cost to the contract.

Smoke-free Campus. As of Oct 2019, all VA campuses are designated as No Smoking, indoors and outside. Violations are subject to ticketing by VA Police.

COVID-19 Restrictions: Currently, masks are required for all personnel working within the VAMC and certain buildings are restricted or off limits. Although changes are unforeseeable, the GC must ensure all personnel under their direction comply with all applicable COVID-19 requirements during the project. The latest requirements will be provided to the GC prior to start of actual work. Isolated and securely blocked work site exceptions will be discussed at the Pre-Bid meeting. Due to Covid-19, workers will access no other buildings on campus unless approved by the COR.

POCs. The Contracting Officer’s Representative (COR) will be the primary Point of Contact for communication and coordination on site throughout the period of performance. The Contracting Officer (CO) retains authority for matters pertaining to the contract, as well as all financial authority on behalf of the Government.

Supervision by Contractor. The GC will provide a Site Superintendent as “Competent Person” who will be on-site whenever work is being performed. The Site Superintendent must be OSHA-30 qualified and will be separate from any sub-contractor(s) and directly employed by the general contractor. Responsibilities of the Site Superintendent include but are not limited to: a) Oversight of the project, b) Preliminary approval of all material submittals and change order requests, and c) Supervision of any subcontractors. Site Superintendent will be present during active work and holds responsibility for Safety matters on behalf of the GC and any subcontractors.

Contractor Badging. Badges must be worn by all contractors and subcontractors while on campus. The Salisbury VAMC requirements for access badges will be provided. Generally, the documentation for badges include two forms of ID, proof of OSHA construction safety certification and proof of negative TB testing and Flu vaccination. All workers must be legally authorized to work in the US.

Site Survey. The GC and CO/COR will conduct a Pre-Construction meeting and walk-through before mobilizing, to be coordinated with the PM/COR.

Schedule. Daily schedule TBD. After-hours, weekend and holiday work may be performed pending prior coordination and approval by VA.

Trafficability and Closures. The immediate project site is currently unoccupied however adjacent and other areas in the building are operating under normal conditions. Access in and around the site will be discussed at Pre-Bid meeting and site walk(s). GC will project and communicate any need for area closures to the COR as soon as possible.

Construction Plan. The contractor is required to provide the Contracting Officer a construction plan to perform the work that will be based upon the sequence of renovation work addressed in the A/E Structural narrative (see specifications). The GC will update this plan on a regular basis and submit to the Contracting Officer and COR.

Inspections, Reports and Progress Meetings. The COR will inspect the worksite daily. A schedule of progress meetings will be determined, however once weekly is anticipated. The GC will report construction progress daily to the COR in writing (email is acceptable). Report and meeting formats will be discussed in the Pre-Construction meeting. The presence or absence of a Government inspector or other official does not relieve the contractor of any contract requirements, nor is the inspector/official authorized to change any term or condition of the contract without written authorization from the Contracting Officer.

Removal of Unacceptable and Unauthorized Work. All work which does not conform to the requirements of the contract will be considered unacceptable. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, found to exist prior to the final acceptance of the work, will be remedied or removed immediately and replaced in an acceptable manner unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price.

Site Clean-Up and Restoration. The contractor shall ensure areas outside the work site and any part of the work site that cannot be secured are free of any portable tools, loose debris and materials upon completion of work each day, as well as at the completion of the job. Contractor shall remove and properly dispose of all materials and equipment upon completion of the job. Area restoration expectations will be discussed at Pre-Bid meeting.

2.0 TECHNICAL REQUIREMENTS:

Location. Bldg 6, VAMC Salisbury NC.

Technical Requirements are outlined in Design and Specification documents and drawings, Toland Mizell Molnar, A&E (Sep 11, 2020), provided:

Emergency Roof Repair at Building Construction Drawings Design Analysis

All work is to be performed in accordance with the specifications provided by A&E.

Bid Alternate. GC will provide, as a bid alternate, an estimate and construction plan for the repair of the hanging ceiling (grid and tile) and to re-install the lights to working order for occupancy.

Existing Conditions.

All existing conditions must be field verified by the GC prior to commencement of work.

3.0 Safety, Infection Control and Construction Waste:

Authority. The VA Safety Department is the final authority regarding worksite safety and matters pertaining to safety of the public and staff. The Construction Safety References document will be provided. The Infection Control Practitioner is the final authority for all IC matters. Safety and IC will be discussed at the Pre-Bid meeting and site walk.

Inspections. Currently, one formal Construction Safety Inspection of all campus projects is performed weekly, but all sites are subject to inspection by the Government at any time and without notice.

Site Security. Work area will be barriered and secured to the extent possible so as to prevent access by unauthorized personnel. Access will be keyed (to be discussed at Pre-Bid meeting) and will be clearly posted with construction warning signs. A sign will be posted at all access points stating the contractor company’s name with site superintendent name and cell phone number.

Infection Control. To be discussed at the Pre-Bid meeting, however requirements generally include dust control using walk-off ‘tacky’ mats at all entrances, and Negative Air measures if required by the ICP. Signed Infection control notices (format to be provided) are required to be posted at the entrance(s).

Ingress/Egress and Parking. Construction personnel will use designated entry and exit points for access and material movement. Parking areas will be coordinated. Only authorized personnel should be allowed to enter the immediate construction area.

PPE. Personal protective equipment (PPE), such as eye protection, hearing protection, face masks or shields, knee pads, and the like will be worn when appropriate. All construction sites at VAMC Salisbury are considered Hard Hat Areas. Appropriate warning signage and/or barriers will be emplaced, to be discussed at the pre-construction meeting.

Debris Removal and Daily Clean-up. Superintendent will walk the site at the end of each shift to ensure tools, material and debris are satisfactorily removed from unsecured areas. The GC will provide their own dumpster for construction waste, to be located at a site designated by the VA and enclosed to prevent access by the public. Construction waste will be removed daily, along approved routes. Areas contiguous to the immediate work site, and the route approved for removal purposes must be kept free of debris, material and tools. VA assumes no responsibility or liability for lost, misplaced or stolen tools or material.

------ END ------

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] 36C24621B0001 Section D

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SECTION E - INSPECTION AND ACCEPTANCE

36C24621B0001 Section E

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by . The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

F.2 DELIVERY SCHEDULE

36C24621B0001 Section F

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SECTION G - CONTRACT ADMINISTRATION DATA

[For this Solicitation, there are NO clauses in this Section] 36C24621B0001 Section G

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

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 contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security 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 termination 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, disclose and 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 or 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 designations 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;

(1) 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

(2) 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 a 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 vendor 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 vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor 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). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes…