36C24625B0001_1.docx

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.

36C24625B0001 X 10-01-2024

TBD

652-22-200 36C246 Robert Ragos Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Aaron Holmes (757)722-9961 x8845 Project Title: Radiation Oncology Lab Renovation | Project Number: 652-22-200 NAICS Code: 236220 - Commercial & Industrial Building Construction | Size Standard: $45 million IAW VAAR 836.204, the magnitude of construction is between $2,000,000 and $5,000,000.

Project Description: The Richmond VA Medical Center has a requirement for the renovation of the Radiation Oncology Laboratory. This will optimize the space for patient flow, increase staff efficiency, and improve patient care. The contractor shall furnish all labor and materials to renovate the laboratory as required by the drawings/specifications.

See the BASE BID ITEM LISTS with ALTERNATE DEDUCT, the Specifications, and the Drawings for additional descriptions.

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

The SDVOSB is required to perform a minimum of 25% of the construction work on the project with its own labor force.

This does not include paperwork, submittals, and project management.

This contract will be awarded IAW FAR 14 - Sealed Bidding

IAW established public law, all bids are required to be registered and current in System for Award Management (SAM) at the time of award. The Official website of the U.S. Government at www.sam.gov.

Pre-Bid Conference: A site visit is scheduled for Wednesday, October 16th at 11:00am EDT. Interested parties shall meet at the cafeteria of the Richmond, VA Medical Center in Richmond, Virginia.

Questions: Please submit all questions via email to Contract Specialist Aaron Holmes at aaron.holmes@va.gov and cc Contracting Officer Robert Ragos at robert.ragos@va.gov. All questions must be submitted by 3:00pm on Wednesday October, 23rd, 2024. Answers will be posted by amendment.

Do not submit questions regarding this project to any other VA staff. No phone calls please.

Bid Due Date: Bids are due no later than 4:00pm on Thursday, November 14th, 2024. Bids must be submitted by email to Contract Specialist Aaron Holmes at aaron.holmes@va.gov and cc Contracting Officer Robert Ragos at robert.ragos@va.gov.

A bid opening ceremony will be conducted via MS Teams at 11:00am on Friday, November 15th, 2024. See Instructions to Bidders for details.

Prime SDVOSB shall comply with subcontracting limitation as defined in 13 CFR 125.6. Bid Bonds are required.

Please remember to follow all instructions and to include a signed copy of 852.219-75 Limitations on Subcontracting.

X X 52.211-10 X

(1) EMAILED

3:00 PM

EDT

10-31-2024 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

BASE BID:

ALTERNATE BID I:

ALTERNATE BID II:

ALTERNATE BID III:

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 Robert Ragos

VA-VHA-RPOE-2023-0038

Table of Contents

A.3 PRICING SCHEDULE

BASE BID: The contractor shall provide all labor, materials, tools, equipment, and supervision to perform all operations necessary to renovate the Radiation Oncology Lab of the Richmond VA Medical Center.

All work shall be in strict accordance with the Statement of Work (SOW) and will include final clean up and completion of any punch list items.

BID ITEM 2 (Deduct Alternate I):

BASE BID except delete work for the Film Files and Physical Storage areas.

BID ITEM 3 (Deduct Alternate II):

Work in ALTERNATE NO 1 except delete work Clean Supply 1Z-130 and Dress 1Z-131 areas.

BID ITEM 4 (Deduct Alternate III):

Work in ALTERNATE NO. 2 except delete work for the outpatient waiting 1z-123 area with the exception of some finish modifications as shown on drawings. specifications and Drawings for contractor.

A.4 INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

1. SUBMISSION OF BIDS:

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

(a) A completed and signed Standard Form 1442. Contractor must acknowledge all amendments in block 19 at the time of the bid opening.

(b) A completed copy of the Representations and Certifications.

(c) A fully executed bid bond.

(d) Documentation of safety record.

(e) Itemized Schedule of Values Cost breakdown.

(f) Signed 52.219-28

(g) Signed 852-219-75 NOTE 1: Bidders must submit an Itemized Schedule of Values Cost breakdown in their bid in sufficient detail to permit a complete analysis of labor, materials, equipment, transportation, supervision, disposal costs, overhead, and profit. This breakdown shall cover all work involved in accordance with (IAW) the Statement of Work (SOW). If an Itemized Schedule of Values Cost breakdown is not provided, the bidder’s or offeror’s bid will be deemed non-responsive.

NOTE 2: Copies of all subcontractor quotes are required.

2. PRE-BID CONFERENCE: A pre-bid conference/site-visit has been scheduled for Wednesday, October 16th, 2024, at 11:00am EDT. Interested parties shall first meet in the cafeteria of the Richmond, VA Medical Center Campus. This pre-bid conference will be the only opportunity for potential bidders to visit the site.

Park in designated areas only while attending the site visit. Parking in “no parking” areas or “reserved” spots could result in a ticket being issued and/or vehicle being towed away.

NOTE: QUESTIONS REGARDING THIS SOLICITATION MUST BE SUBMITTED VIA E-MAIL TO aaron.holmes@va.gov AND CC robert.ragos@va.gov; NO TELEPHONE QUESTIONS WILL BE ACCEPTED. CUT OFF FOR QUESTIONS IS WEDNESDAY, OCTOBER 23TH, 2024, BY 3:00PM EDT. NO FURTHER QUESTIONS WILL BE ADDRESSED AFTER THAT DATE/TIME.

3. BID SUBMISSION & OPENING: All bids shall be submitted by the prime contractor. Bids must be submitted by electronics means through email to aaron.holmes@va.gov and cc to robert.ragos@va.gov. Submit bids via email to the Contract Specialist and Contracting Officer ONLY. All bids submitted electronically are due no later than 4:00PM EDT on THURSDAY, NOVEMBER 14TH, 2024. Please do NOT submit bids through the mail or attempt to hand in bids in person. LATE BIDS WILL NOT BE ACCEPTED.

NOTE: To be considered and accepted as timely the bid must be uploaded, mailed, or submitted in its entirety prior to the deadline. Failure to provide a bid in its entirety prior to the deadline will render the bid noncompliant.

A PUBLIC BID OPENING WILL BE CONDUCTED ONLINE VIA MICROSFOT TEAMS. BIDS WILL BE OPENED AND READ ON FRIDAY, NOVEMBER 15TH, AT 11:00AM EDT.

Bidders who have submitted timely bids will be sent invitations links to the bid opening. Interested members of the public may listen in via the link below:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjM2NTY1MjctMTdlMi00YTQwLWFhNGEtM2E0Nzk2ODgyOTU1%40thread.v2/0?context=%7b%22Tid%22%3a%22e95f1b23-abaf-45ee-821d-b7ab251ab3bf%22%2c%22Oid%22%3a%2293a96cec-3c41-4c27-a8a7-f2c25e1f3534%22%7d

SUMMARY OF DATES:

· Pre-Bid Conference/Site Visit: Wednesday, October 16th, 2024, at 11:00am EDT

· Questions Due: Wednesday, October 23RD, 2024, by 3:00pm EDT

· Bids Due: Thursday, November 14th, 2024, by 4:00pm EDT

· Bid Opening: Friday, November 15th, 2024, at 11:00am EDT

4. BASIS FOR AWARD: The Government intends to award a contract to the responsible offeror with the lowest evaluated price. Offerors must submit a cost breakdown in sufficient detail to permit a complete analysis of labor, burden, materials, equipment, transportation, supervision, and disposal. When price is the only factor considered, award will be based on the lowest reasonable price received. Award will be made to the responsible bidder (see FAR 9.1) whose bid is responsive to the terms of the invitation for bids and is most advantageous to the Government, considering only price and price relate factors included in the invitation, as provided in FAR subpart 14.4.

5. TECHNICAL BID: A technical bid is not required.

6. EVALUATION OVERVIEW: Bids will be evaluated and ranked according to price and price alone, from lowest to highest. All bids shall include a cost breakdown in sufficient detail to permit a complete analysis of labor, burden, materials, equipment, transportation, supervision, and disposal. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Bids unreasonably high or unrealistically low in price, when compared to the Government estimate, and market conditions evidenced by other competitive bids received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in bid rejection without discussion.

7. SAFETY AND ENVIRONMENTAL RECORD: In accordance with VHA Directive 7715 the Contract Specialist and Contracting Officer will review the offeror’s safety and environmental record as part of their standard responsibility determinations in accordance with FAR 9.105. In order to be eligible for consideration and award, the contractor shall have no more than two serious, one repeat, or one willful OSHA or EPA Violation(s) in the past 5 years. Should the offeror not meet the standard of having no more than two serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 5 years and an Experience Modification Rate of equal to or less the 1.0, the Contracting Officer will follow the procedures from FAR 19.602-1 and refer the matter to the cognizant SBA Government Contracting Office.

Upon the conclusion of the bid opening, the Government may request any or all of the following:

1. A self-certification on company letterhead that the bidder has no more than two (2) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past five years along with copies of their OSHA logs (OSHA Form 300A) for the past three years. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.

2. 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.

8. TRAINING: 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 COR 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. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

9. MAGNITUDE OF CONSTRUCTION: IAW VAAR 836.204(2), the magnitude of construction is estimated to be between $2,000,000 and $5,000,000. (https://www.va.gov/oal/library/vaar/vaar836.asp#836204)

10. DESCRIPTION OF WORK: Contractor shall provide all administration, supervision, labor, materials, tools, and equipment, and perform all operations necessary to Egress Stairs in Fisher House 1 at the Richmond VA Medical Center (RIMVAC) in accordance with the plans and specifications. Work will be performed according to project specifications and drawings. A security Accreditation Package is not required.

11. COMPLETION TIME: All work shall be completed within the time limit selected from receipt of the Notice to Proceed (NTP).

· Base Bid: 426 days from NTP

· Alternate 1: 419 days from NTP

· Alternate 2: 399 days from NTP

· Alternate 3: 389 days from NTP

12. SDVOSB SET-ASIDE: This procurement is 100% set-aside for Service-Disabled, Veteran-Owned Small Business (SDVOSB). Bids are solicited only from SDVOSB concerns. Bids received from non-SDVOSB concerns will be rejected. In order to be considered, the firm must be registered in the SBA’s Veteran Small Business Certification (VetCert) database as a certified SDVOSB at the time of bid submission (https://veterans.certify.sba.gov).

13. 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.

14. TB TESTING: In accordance with section 01 35 26 -1.13 Safety Requirement Tuberculosis Screening of the specifications,

(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 been found have negative TB screening reactions. Contractors will be required to show documentation of negative TB 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 TB, 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 TB.

(d) If the employee is found with evidence of active (infectious) pulmonary TB, 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.

15. 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 Richmond VA Medical Center upon receipt of a Bill of Collection.

16. PREPARATION OF BIDS/OFFERS/BIDS: The Government will not pay for any costs incurred in preparation and/or submission of bids.

17. 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 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/criminal penalties, including fines and/or 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.

18. 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://vets100.cudenver.edu. Award cannot be made unless the awardee has filed their VETS 100 report. Therefore, all bidders/offerors are encouraged to file every year.

19. 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.

20. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:

(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15(b). The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(b) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 calendar days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(c) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(d) Within 60 calendar days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov. Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPARS within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPARS.

(e) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(f) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven calendar days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(g) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

A.5 STATEMENT OF WORK

H.H. McGuire V.A. Medical Center 1201 Broad Rock Blvd.

Richmond, Virginia 23249

SCOPE OF WORK

Project #: 652-22-200 Project Title: Radiation Oncology Lab Renovation

1. Statement of Work The Contractor shall provide the following services in accordance with this Scope of Work and all contract drawings, specifications, and amendments. The overall intent of this project includes, but is not limited to the following:

The Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for RICVAMC Richmond, VA – Radiation Oncology Lab Renovation as required by drawings and specifications.

2. Contract Specification/Drawings The following contract drawings are included in their entirety by reference in this Scope of Work:

Drawing Title: Radiation Oncology Lab Renovation Drawing Date: 11/07/2022 Drawing Filename: 652-22-200 Bid Drawings_R1.pdf Number of Sheets: 66 The following contract specification are included in their entirety by reference in this Scope of Work:

In the instance that information on the contract drawings should conflict with the information in the specification, the specifications shall always take precedence over the drawings.

3. Bid Schedule The contractor shall perform all work as indicated by the contract terms and conditions in accordance to the following bid schedule.

A. BASE BID: Work includes selective demolition, general construction, necessary removal of existing structures and construction and certain other items. Work includes all labor, material, equipment, and supervision to perform the demolition and construction work on this project including Architectural Modifications, Equipment relocation, Fire Protection Systems, Plumbing Systems, Mechanical Systems, Electrical Systems, and Telecommunication Systems as described in the Basis of Design and Indicated on the Construction Documents.

BASE BID Period of Performance: 426 calendar days from Notice To Proceed.

B. ALTERNATE NO.1: BASE BID except delete work for the Film Files and Physical Storage areas.

ALTERNATE NO. 1 Period of Performance: 419 calendar days from Notice To Proceed.

C. ALTERNATE NO.2: Work in ALTERNATE NO 1 except delete work Clean Supply 1Z-130 and Dress 1Z-131 areas.

ALTERNATE NO. 2 Period of Performance: 399 days from Notice To Proceed.

D. ALTERNATE NO 3.: Work in ALTERNATE NO. 2 except delete work for the outpatient waiting 1z-123 area with the exception of some finish modifications as shown on drawings. specifications and Drawings for contractor.

ALTERNATE NO. 3 Period of Performance: 389 days from Notice To Proceed.

4. VA Information Security Requirements

4.1 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.

4.2 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontrator 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.

5.4.3 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 COTR.

4.4 – 4.5 NOT USED

4.6 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 COTR 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.

4.7 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:

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $1,000.00 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

4.8 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-day’s 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.

4.9 TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems…