36C24721Q0757_1.docx

36C24721Q0757 Contract Opportunity Combined Synopsis/Solicitation Notice

PRODUCT SERVICE CODE

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CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE/TIME/ZONE

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

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

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice N099 509-21-3-5102-0629 Installation of Loading Dock Guard Rails

(VA-21-00062314)

31021 36C24721Q0757 06-07-2021

10:00AM

EASTERN TIME, NEW YORK, USA

N

SDVOSBC

238220 Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

CONTRACTING OFFICER

SHERYL HARRIS

sheryl.harris5@va.gov 478-272-1210

DEPARTMENT OF VETERANS AFFAIRS

CHARLIE NORWOOD VAMC

1 FREEDOM WAY

AUGUSTA

GA

30904

USA

This combined solicitation/synopsis is posted in accordance with the Simplified Acquisition Procedures in FAR part 13, and will be evaluated in accordance with the procedures outlined there.

This solicitation is set-aside 100% for Service-Disable Veteran-Owned Small Business. Only businesses verified and listed in the VA’s VIP database will be eligible for award.

All offerors should complete the solicitation document fully, to include pricing information and clause fill-ins and/or check boxes. Failure to do so may result in the offeror being considered non-responsive to the solicitation and ineligible for award.

For any questions regarding this solicitation, please contact Sheryl Harris, Contracting Officer, at sheryl.harris5@va.gov.

Please see the attached solicitation document and statement of work for detailed information regarding the services requested.

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24721Q0757 Sheryl Harris 478-272-1210 06-07-2021

10:00 AM

EDT

Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021 X X 238220 $16.5 Million N/A X See Delivery Schedule

Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page

PLEASE REFERENCE B.2 PRICE COST DELIVERY SCHEDULE AND

STATEMENT OF WORK

See CONTINUATION Page X X

SHERYL HARRIS

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247 SHERYL HARRIS Department of Veterans Affairs Carl Vinson VA Medical Center 1826 Veterans Blvd.

Dublin GA 31021

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE ITEM INFORMATION

Downtown Three 42" Posts; One 2' long guard rails Two 8' long guard rails; sixteen 3' guard rails Uptown One 42" Posts; One 2' long guard rail; Five 3' guard rails

B.3 DELIVERY SCHEDULE

1.00

Page 1 of Page 1 of Page 1 of Page 1 of

STATEMENT OF WORK

Install Loading Dock Guard Rails Bldg. 111 and Bldg.801 Project – Charlie Norwood Veterans Affairs Medical Center UD & DD

1.0 - OBJECTIVE

The Department of Veteran’s Affairs has a requirement to install loading dock guard rails at the loading dock at the Uptown Facility Bldg. 111 and at Bldg. 801 at the Downtown Facility, Charlie Norwood Veteran’s Affairs Medical Center, located at 1 Freedom Way, Augusta GA 30904 Uptown and 950 15th Street, Augusta, GA 30901. The objective of the project is to install proper guard rails for safety at the loading docks UD & DD.

2.0 – STATEMENT OF WORK

Tasks the contractor shall complete include but are not limited to:

Bldg. 801 Loading Dock (Downtown) 1.) Provide all materials, labor and supplies to install guard rails on the loading dock.

2.) Three 42-inch posts.

3.) One 2-foot-long guard rail.

4.) Two 8-foot-long guard rails.

5.) Sixteen 3-foot-long guard rails.

6.) Loading dock approximately 148 foot long

Bldg. 111 Loading Dock (Uptown) 7.) Provide all materials, labor and supplies to install guard rails on the loading dock.

8.) One 42-inch posts.

9.) One 2-foot-long guard rail.

10.) Five 3-foot-long guard rails.

All rails and posts will be fabricated using 4-inch square tubing, 2-1/2-inch square tubing, ¼ inch x 4-inch flat bar, priming and painted safety yellow included.

Base Plates will be fabricated using ½ inch plate and anchored using ½ inch anchors.

Yellow powder coated chain will be installed between the rails and posts at truck locations.

Security: The C&A requirements do not apply, and a Security Accreditation Package is required.

3.0 – GENERAL

The Dept. of Veterans Affairs (VA) requires strict adherence to the Code of Federal Regulations 29, Part 1926. This includes the requirement that the contractor have a “Competent Person” on the job at all times (must have a 30-hour OSHA card), and that all contractor employees have received a minimum of ten (10) hours of OSHA construction safety training. Documentation of these requirements shall be submitted and approved prior to performing the work.

Contractor must submit a company Site Specific Safety Plan (SSSP) that must be approved by VA Safety prior to work beginning. This plan shall detail fire, construction, and health-related safety measures, in addition to listing Training Records for all employees for the previous year. A company standard or boilerplate safety plan will not be acceptable – plan should contain a detailed hazard analysis for each element of construction to be performed such as an Activity Hazard Analysis (AHA) or Job Hazard Analysis (JHA).

This entire project shall conform to 100% of all VA standards and specifications, OSHA, AIA Construction Guidelines, Joint Commission Environment of Care Standards, and applicable building codes.

The Contractor shall be responsible for the health and safety of their own employees. The VA will inform the Contractor of any hazards such as designated permit confined spaces, electrical hazards, etc. which may affect Contractor employees. The Contractor must take precautions appropriate for the safety of their employees as well as provide equipment necessary for these actions. Contractor employees will notify the VA Representative before entering a designated permit required confined space, so precautions can be taken in advance of the work.

The Contractor shall hold harmless and indemnify the Government against any and all liability, claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, in any way incident to, or arising out of the occupancy , use, service, operation or performance of work under the terms of the contract, resulting in whole or in part from the negligence acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor

The Contractor is responsible for protection of existing finishes, and VA property (FF&E), located in the areas preventative maintenance and repair work is being performed, as well as along paths of travel to and from these areas. Both exterior and interior finishes and property must be maintained. The contractor is liable for any damage to VA property during the course of the contract. Any damage to existing finishes must be repaired by the Contractor to equal or greater quality than existing finishes. All tasks accomplished by the Contractor personnel will be performed to preclude damage or disfigurement of government-owned furnishing, fixtures, equipment and architectural or building structures. Contractor will report any damage or disfigurement to these items when caused by the Contractor’s personnel and will perform repairs or replace government-owned equipment, fixtures, furnishings, grounds and architectural or building structures to their previously existing condition.

4.0 – PROJECT MANAGEMENT

Based on the above list of work items the, general contractor selected must complete, maintain, and submit the following documentation and managerial requirements:

1. Construction schedule including sequencing and durations.

· The schedule will be provided to the COR ten (10) working days prior to the start of work.

2. Site-Specific Safety Plan (SSSP) with an emphasis on, but not limited to, plumbing demolition, installation and safety. The SSSP must:

· Include a detailed description of how the work will be performed and be submitted with sketches, supporting documents, submittals etc.

· Include a Job-Safety-Analysis (JSA) for all tasks associated with Statement of Work (SOW)

· Be approved by VA-Safety prior to commencement of work.

3. Maintain site supervision by a competent individual(s) with OSHA-30 certificates. OSHA-30 certified technician shall be onsite anytime work is being performed.

4. Obtain VA identification PIV badges for all employees. Contractor to consider lead-time for badge procurement.

5. Manage job-site access and security.

5.0 – CODE & REGULATION COMPLIANCE

The Contractor shall comply with the public laws and statutes including all changes and amendments of federal, state and local environmental statutes and regulations in effect of date of issuance of this delivery order, including, the applicable portions of the documents cited in the basic contract and below.

1. National Fire Protection Association (NFPA):

2. NFPA 99-2015 Healthcare Facilities Code

3. NFPA 101 – Life Safety Code

4. International Code Council (ICC): IBC: International Building, 2015

5. Building Officials and Code Administrators International (BOCA), 1999

6. International Conference of Building Officials (ICBO): UBC 1997: Uniform Building Code

7. 29 CFR 1910 Occupational Safety and Health Standards

8. 29 CFR 1926 Safety and Health Regulations for Construction

9. Federal Occupational Safety and Health Act (OSHA)

10. Underwriters Laboratories

6.0 – SUBMITTALS

Contractor shall submit the following prior to beginning scope of work:

1. Project schedule

2. Site Specific Safety Plan (SSSP)

· SSSP to be submitted to VA Safety staff for review 10 working days after issuance of NTP.

· SSSP to be approved by VA Safety staff prior to start of construction activities.

3. Penetration permits as necessary.

4. Manufacturer warranties.

5. Project Schedule including sequencing and durations.

6. SOV – Schedule of Value

Technical literature and/or descriptions of all materials, equipment and tools proposed for use by the Contractor shall be submitted to the Contracting Officer or his/her designee for approval prior to contract start and whenever a change is required. All Contractor-furnished materials, equipment and tools used shall be standard products all manufacturers regularly engaged in the production of such items. The Contractor shall secure all materials. The Government assumes no liability for loss of or damage to Contractor-owned property held upon Government premises.

7.0 – RESOURCES

The Government will not furnish any resources for the fulfillment of the work required under this contract other than electricity for area where work is being conducted. Under this contract, the contractor must provide all tools, equipment, materials, transportation, professional expertise, personnel, supervision, and for testing and maintenance required for completion of this contract.

Contractor shall provide all necessary parts and equipment to complete the objective of this contract in accordance with manufacturer specifications. All new equipment including parts and labor shall be preapproved by the COR. including shipping and handling. Contractor shall provide all necessary equipment to perform the work required.

Technical literature and/or descriptions of all materials, equipment and tools proposed for use by the Contractor shall be submitted to the Contracting Officer or his/her designee for approval prior to contract start and whenever a change is required. All Contractor-furnished materials, equipment and tools used shall be standard products all manufacturers regularly engaged in the production of such items. The Contractor shall secure all materials. The Government assumes no liability for loss of or damage to Contractor-owned property held upon Government premises.

The Contractor shall instruct his/her personnel in utilities conservation practices. The Contractor shall be responsible for operating under conditions which preclude the waste of utilities which shall include but not necessarily be limited to:

8.0 – TECHNICIAN

The Contractor will ensure their personnel and subcontractor personnel meet the privacy standards as set forth by HIPPA (Health Insurance Portability and Accountability Act of 1996) with respect to personal and confidential information that they may come upon, while contract work is being performed.

9.0 – PERSONNEL ASSIGNMENTS

The Contractor shall assign the appropriate quantity and type of personnel to successfully complete all functions specified in this SOW. The Contractor shall maintain throughout the life of this contract, a current list of technicians and their credentials available for inspection by the Government at any time.

10.0 – ACCEPTANCE STANDARDS

The VA reserves the right to dispute completion of contract scope if contract work is found not in accordance with manufacturer recommendations, is not satisfactorily executed, or if the system is not properly tested and inspected to achieve certification. All work completed by the Contractor must be reviewed and approved by the VA. Work must be approved for one location of each type of fixture prior to proceeding with all other locations specified. If conditions that exist that are not like the location previously approved the contractor shall get approval prior to proceeding with work in locations with similar conditions.

11.0 – SAFETY AND FIRE PREVENTION

a. In the performance of this contract, the contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the building.

b. The Contractor shall immediately correct any fire and safety deficiencies caused by his/her personnel. If the Contractor fails or refused to correct deficiencies promptly, the Contracting Officer may issue an order stopping all or any part of the work and hold the contractor in default of the contract.

c. The Contractor shall comply with applicable Federal, State and local safety and fire regulations and codes which are in effect at the beginning of the contract. The contractor shall keep abreast of and comply with changes in these requirements and codes applicable to the contract. The requirements include but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926. Contractor is solely responsible for determining the legal requirements that apply to activities, and shall ensure safe and healthful working conditions for its employees

d. The Contractor’s personnel shall follow applicable facility policies concerning fire/disaster programs.

e. All materials and equipment will be removed from the facility or stored properly at the end of the workday and secured during the workday. Under no circumstances will the Contractor allow for any equipment to be left unattended for any length of time.

f. The Contractor shall comply with all applicable Federal, State and local legal requirements regarding workers health and safety.

g. Contractor shall assume the responsibility to guard against causing of fires and/or explosions and to protect Government Property.

h. The Contractor shall perform the work in a manner consistent with the area security and fire safety regulations especially with regard to exits and exit way access. Utility shutdowns shall not compromise security, communication or fire safety for occupants.

i. No flammable liquids shall be stored or used in the medical center.

j. The necessary number and appropriate types of portable fire extinguishers are required per National Fire Protection Agency (NFPA) 10 and NFPA 241. Contractor shall keep certification on site at all times of extinguisher inspections.

k. The Contractor shall receive from the COR a permit for all cutting, welding, and soldering 24 hours in advance. All permits shall be prominently displayed during all construction.

l. All necessary precautions shall be taken by the contractor to prevent accidental operation of any existing smoke detectors or sprinkler heads.

m. The Contractor shall assume responsibility of environmental protection of all material storage.

11.1 – ACCIDENT PREVENTION

Precaution shall be exercised at all times for the protection of persons (including employees) and property. These shall include, but not be limited to, the installation of adequate safety guards and protective devices for all equipment and machinery, whether used in the performance of work or permanently installed as part of the work. Contractor shall comply with all applicable laws relating to safety precautions, including the safety regulations of the Division of Industrial Safety, Department of Industrial Regulations of the state.

11.2 - ENVIRONMENTAL PROTECTION:

a. In order to provide for abatement and control of all environmentally hazardous materials arising from demolition and/or construction activities, the Contractor shall comply with all applicable environmentally hazardous material control and abatement and all applicable provisions of the Corps of Engineers’ Manual EM 385-1-1, “General Safety Requirements” as well as the specific requirements stated elsewhere in the Contract Documents.

b. The Contractor is responsible for daily cleanup of all areas affected by its work. Areas in use or affected shall be returned to condition in which they were turned over or initially found. VA Housekeeping shall not be dispatched for cleaning associated with contractor work.

c. The Contractor shall take every precaution in preserving flooring, finishes, equipment, and furniture in areas of work. The Contractor shall repair or replace any damage incurred during its work at their expense.

d. Contractor shall use freight elevators for transmission of materials and personnel. Contractor shall take every precaution in preserving the elevators, including the hoist way and lobby doors, interior finishes, and shall conduct all good practices in observing lifting and motor components tolerances. Any damage incurred to any elevator component due to negligence will be repaired at expense of the contractor, within the work day of incurred damage.

12.0 – WORK STANDARDS AND ICRA/ILSM

Work site shall be free of debris and returned to original condition upon completion of preventative maintenance or repairs.

All work is to be performed in areas used daily by facility clients and staff. Contractor will take suitable measures to control all material and equipment to produce a minimum of interference in facility routine. All work shall be performed in a safe and prudent manner.

Contractor shall so perform all work as to offer the least possible obstruction and inconvenience to staff and the public and shall have under construction no greater amount of work than can be completed promptly and properly with due regard to the rights of staff and the public. Any person the COR may deem incompetent or disorderly shall be promptly removed from the facility and not be allowed to return for the duration of the agreement.

13.0 - HAZARDOUS MATERIAL REPORTING:

a. The Contractor shall maintain hazardous material inventories and material safety data sheets (MSDS) for all hazardous materials (as defined in CFR 1910.120, 40 CFR’s 355, 370, & 372) to be stored and used on this Medical Center. Hazardous materials must be inventoried when received and at the project’s completion. The amounts used shall be maintained for the project duration, and for the calendar year (ending 31 December).

b. Hazardous Materials Inventories, Material Safety Data Sheets and material quantities used shall be submitted to the Contracting Officer for approval.

c. In the event of a spill, Contractor shall immediately notify the Contracting Officer’s Technical Representative (extension 5138) as well as the Contracting Officer. The Contractor shall be solely responsible for the expense of any cleanup of such spill, and the cleanup shall be in accordance with the applicable provisions of 40 CFR Part 761.

d. Asbestos Containing Material (ACM) is not present in the workspace. If contractor locates suspected ACM in addition to material noted in report, they shall contact the COR immediately for further direction. If any ACM is disturbed or becomes friable due to contractor actions, the construction site shall be shut down until and contractor shall provide appropriate containment at their own expense. In addition, contractor shall be responsible for all abatement and disposal of affected material at their own expense, only after which the job site shall be reopened for continued work. In the event of an ACM disturbance event, the COR shall be immediately notified and shall provide specifications on asbestos abatement.

14.0 – PERSONNEL QUALIFICATIONS

· The Government reserves the right to accept or reject Contractor’s staff for cause.

· All inspectors/testers shall hold current OSHA 10/30 certification and membership. Documentation of this to be submitted by the Contractor to the COR prior to beginning project work. A competent person with OSHA 30 certification must be on site at all times.

· The Contractor shall have a back-up technician in the event the primary technician is unable to perform his/her duties.

· The Contractor will ensure that their personnel and subcontractor personnel meet the privacy standards as set forth by HIPAA (Health Insurance Portability and Accountability Act of 1996) with respect to personal and confidential information that they may come upon.

· All personnel required to hold OSHA 10 certification as a minimum.

· The Contractor shall ensure that their personnel have Universal technician certification as required by 40CFR Part 82, Subpart F.

14.1 – PERSONNEL REQUIREMENTS

Supervision: The Contractor shall specify a Project Manager who will have responsibility for performance of contract services. The Project Manager shall be competent to supervise all aspects of contract and shall be available on-site during performance of contract work. The Contracting Officer shall be notified in writing of the names of the Project Manager and of changes in personnel appointed to fulfill this function or in the absence of the Contractor, act for the Contractor as the Contractor’s Representative.

15.0 – QUALITY CONTROL

The Contractor shall have a quality control program to assure the requirements of this contract are provided as specified. The Contractor and COR will inspect the work. Deficiencies will be noted and corrected before beginning work in another area. Any damage done by Contractor will also be noted and corrected by the Contractor within 2 working days. Damage causing an immediate impact on the environment of the hospital shall be corrected immediately.

16.0 – PERSONNEL ASSIGNMENT

The Contractor shall assign the appropriate quantity and type of personnel to successfully complete all functions specified in this SOW within the designated period of performance. The Contractor shall maintain throughout the life of this contract, a current list of laborers, tradesmen, superintendents, etc., and their credentials available for inspection by the Government at any time.

17.0 – ACCESS

Clearances/Access Controls: Contractor and all personnel shall comply with the security clearances or access controls of areas within the Medical Center. In the event, that the Contractor has to obtain access to areas that require special security precautions the COR will notify the contractor prior to access.

18.0 – TYPE OF CONTRACT

Firm Fixed Price

19.0 – PERIOD OF PERFORMANCE

One Time contract – to be started as soon as contract is awarded

20.0 – HOURS OF SERVICE

Work is to be done between the hours of 8:00 a.m. and 4:00 p.m. Monday thru Friday, excluding federal holidays. Contractor or representative shall sign in upon arrival to the facility. Vendors shall report to Charlie Norwood Veterans Affairs Medical Center, Room 1B155, Engineering Department Office, Building 801, 800 Bailey Street, Augusta GA 30904.

Warehouse Hours: Deliveries are accepted between the hours of 8:00 a.m. and 3:30 p.m. Monday thru Friday, excluding federal holidays.

Federal Holidays

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies

21.0 – PERFORMANCE MEASURES

Performance measures are comprised of performance indicators (some characteristic of a deliverable that can be measured) and performance measures (a mark, measure or benchmark that government personnel use as a point of comparison when evaluating contractor performance). The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these measures.

The Performance Requirements Summary Matrix, paragraph <enter number> in the Performance Work Statement (PWS), includes performance measures. The Government shall use these measures to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL)

STANDARD

MONITORING

METHOD

INCENTIVE/DISINCENTIVES FOR MEETING OR NOT MEETING THE PERFORMANCE STANDARDS

Clean up at the end of workday

All areas shall be cleaned to the satisfaction of VA staff monitoring the work

Inspections by VA designated staff

No failure to properly clean the work area at the end of the day.

22.0 VA INFORMATION SYSTEM SECURITY/PRIVACY CLAUSES

GENERAL SECURITY REQUIREMENTS: 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.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS: 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.

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).

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 comply with VA directive requirements.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

Liquidated Damages for Data Breach: 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.

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.

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

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

Description of the event, including:

date of occurrence;

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

Number of individuals affected or potentially affected;

Names of individuals or groups affected or potentially affected;

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

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

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

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

Assessment of the potential harm to the affected individuals;

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

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

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 $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

Notification;

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

Data breach analysis;

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

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

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

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

Training: All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

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

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

Successfully complete the appropriate VA privacy training and annually complete required privacy training; and Successfully complete any additional information security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

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

23.0 INVOICES

Payments will be made upon receipt of a properly prepared detailed invoice, prepared by Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through OB-10. (https://portal.tungsten-network.com/)

a. A properly prepared invoice will contain:

1. Invoice Number and Date

2. Contractor’s Name and Address

3. Accurate Purchase Order Number

4. Supply or Service Provided

5. Total Amount Due

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address…