36C24822Q1662.docx

36C24822Q1662

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.

UEI:

EFT:

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. SIGNAT

URE 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

TBD

TBD

36C24822Q1662 08-17-2022 Kim Tucker (813)816-8275 09-06-2022 3:00 pm

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy, Suite 560 Tampa FL 33637 Kim Tucker kim.tucker1@va.gov X X Y 541690 $16.5 Million N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Provide all labor, materials, travel, equipment, etc. to provide Annual Flat Roof Survey, Inspection/Certification, Semi-Annual House Keeping/debris removal, Annual Cleaning of white TPO/Acrylic roofing system, and Full Service Infrared Scan of low slope roofing for all identified locations in accordance with the Performance of Work Statement. (PWS), dated 06/02/2022.

Enter pricing in Section B.2 Price Schedule.

Please submit all questions by email to Kim.Tucker1@va.gov no later than Monday, August 29, 2022 at 3:00 PM EST.

The Government reserves the right to not respond to questions submitted after this time.

Please submit written proposals by email to Kim Tucker at Kim.Tucker1@va.gov no Later than Tuesday, September 6th, 2022 at 3:00 PM EST.

SITE VISIT: is scheduled for 08/24/2022 at 3:00 PM EST Send requests to attend to Kim Tucker by e-mail only.

See CONTINUATION Page

TO BE

PROVIDED ON INDIVIDUAL TASK ORDERS

X X Kim Tucker 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 36C248 Kim Tucker Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy, Suite 560 Tampa FL 33637

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Provide all labor, materials, travel, equipment, etc. to provide Annual Flat Roof Survey, Inspection/Certification for all identified locations in accordance with the Performance of Work Statement. (PWS), dated 06/02/2022.

Contract Period: Base POP Begin: 09-28-2022 POP End: 09-27-2023 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

Provide all labor, materials, travel, equipment, etc. to provide Semi-Annual House Keeping/debris removal of all low slope roofing for all identified locations in accordance with the PWS, dated 06/02/2022.

POP Begin: 09-28-2022 POP End: 09-27-2023

Provide all labor, materials, travel, equipment, etc. to provide Annual Cleaning of white TPO/Acrylic roofing systems (sq ft) for all identified locations in accordance with the PWS, dated 06/02/2022. (Estimated 400,000 sq ft)

POP Begin: 09-28-2022 POP End: 09-27-2023

Provide all labor, materials, travel, equipment, etc. to provide Full Service Infrared Scan of low slope roofing (Base and OY4 Only) for all identified locations in accordance with the PWS, dated 06/02/2022.

POP Begin: 09-28-2022 POP End: 09-27-2023

Provide all labor, materials, travel, equipment, etc. to provide Annual Flat Roof Survey, Inspection/Certification for all identified locations in accordance with the Performance of Work Statement. (PWS), dated 06/02/2022.

Contract Period: Option 1 POP Begin: 09-28-2022 POP End: 09-27-2023

Provide all labor, materials, travel, equipment, etc. to provide Semi-Annual House Keeping/debris removal of all low slope roofing for all identified locations in accordance with the PWS, dated 06/02/2022.

POP Begin: 09-28-2023 POP End: 09-27-2024

Provide all labor, materials, travel, equipment, etc. to provide Annual Cleaning of white TPO/Acrylic roofing systems (sq ft) for all identified locations in accordance with the PWS, dated 06/02/2022. (Estimated 400,000 sq ft)

POP Begin: 09-28-2023 POP End: 09-27-2024

Provide all labor, materials, travel, equipment, etc. to provide Annual Flat Roof Survey, Inspection/Certification for all identified locations in accordance with the Performance of Work Statement. (PWS), dated 06/02/2022.

Contract Period: Option 2 POP Begin: 09-28-2024 POP End: 09-27-2025

Provide all labor, materials, travel, equipment, etc. to provide Semi-Annual House Keeping/debris removal of all low slope roofing for all identified locations in accordance with the PWS, dated 06/02/2022.

POP Begin: 09-28-2024 POP End: 09-27-2025

Provide all labor, materials, travel, equipment, etc. to provide Annual Cleaning of white TPO/Acrylic roofing systems (sq ft) for all identified locations in accordance with the PWS, dated 06/02/2022. (Estimated 400,000 sq ft)

POP Begin: 09-28-2024 POP End: 09-27-2025

Provide all labor, materials, travel, equipment, etc. to provide Annual Flat Roof Survey, Inspection/Certification for all identified locations in accordance with the Performance of Work Statement. (PWS), dated 06/02/2022.

Contract Period: Option 3 POP Begin: 09-28-2025 POP End: 09-27-2026

Provide all labor, materials, travel, equipment, etc. to provide Semi-Annual House Keeping/debris removal of all low slope roofing for all identified locations in accordance with the PWS, dated 06/02/2022.

POP Begin: 09-28-2025 POP End: 09-27-2026

Provide all labor, materials, travel, equipment, etc. to provide Annual Cleaning of white TPO/Acrylic roofing systems (sq ft) for all identified locations in accordance with the PWS, dated 06/02/2022. (Estimated 400,000 sq ft)

POP Begin: 09-28-2025 POP End: 09-27-2026

Provide all labor, materials, travel, equipment, etc. to provide Annual Flat Roof Survey, Inspection/Certification for all identified locations in accordance with the Performance of Work Statement. (PWS), dated 06/02/2022.

Contract Period: Option 4 POP Begin: 09-28-2026 POP End: 09-27-2027

Provide all labor, materials, travel, equipment, etc. to provide Semi-Annual House Keeping/debris removal of all low slope roofing for all identified locations in accordance with the PWS, dated 06/02/2022.

POP Begin: 09-28-2026 POP End: 09-27-2027

Provide all labor, materials, travel, equipment, etc. to provide Annual Cleaning of white TPO/Acrylic roofing systems (sq ft) for all identified locations in accordance with the PWS, dated 06/02/2022. (Estimated 400,000 sq ft)

POP Begin: 09-28-2026 POP End: 09-27-2027

Provide all labor, materials, travel, equipment, etc. to provide Full Service Infrared Scan of low slope roofing (Base and OY4 Only) for all identified locations in accordance with the PWS, dated 06/02/2022.

POP Begin: 09-28-2026 POP End: 09-27-2027

36C24822Q1662

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B.3 PERFORMANCE WORK STATEMENT (PWS)

James A. Haley VA Healthcare System Flat Roof Survey, Inspection, Cleaning 06/02/2022

I. INTRODUCTION

The James A Haley Veterans Hospital (JAHVH) has a requirement to ensure all existing roof tops (i.e., Protected Membrane Roofing - Cold Applied Membrane Waterproofing Systems/asphalt shingle) are operational and are maintained on a routine basis to ensure safe sterile environment for veterans and staff. The Contractor shall furnish all labor, materials, travel, and equipment to provide Flat Roof Survey, Inspection/Certification, and Cleaning for all identified locations in this Performance of Work Statement. (PWS)

· James A Haley Veterans Hospital (JAHVH) 13000 Bruce B Downs, Tampa, FL 33612

TPO

Modified Bit

TPO

· Brooksville Veteran Affairs Clinic, 14540 Cortez Blvd. Brooksville, FL 34613

Sq. Ft.- 42,300 Linear Ft.- 3000 Penetrations- 100

TPO

The Department of Veterans Affairs (VA), Network Contracting Office 8 (NCO 8), is seeking sources to provide “Flat Roof Survey, Inspection/Certification, and Cleaning” Service. The Contractor shall perform to the standards in accordance with the Performance Work Statement (PWS), dated 06/02/2022. This PWS requires the work to be performed by qualified Contract Professionals, and they will hereafter be referred to as “Contractors.” The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved service personnel performing roof inspection services at the James A Haley Veterans Hospital to the Contracting Officer and/or the COR within 10 days after contract award. Contractor shall make revisions to this documentation whenever service personnel are assigned or re-assigned to the James A Haley Veterans Hospital. The Contracting Officer and COR reserves the right to request authentication of certificates or credentials from the Contractor at any time for any personnel who are providing services at the James A Haley Veterans Hospital. The contractor will not require access to VA sensitive information, therefore the “Certification and Accreditation” (C&A) requirement in accordance with (IAW) VA Handbook 6500.6 Contract Security does not apply. All roof measurements/numbers are approximate and will be verified during the walk through by the contractor.

II. Definitions/Acronyms/Abbreviations:

a) CFR – Code of Federal Regulation

b) Contracting Officer (CO) – VA official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

c) Contracting Officer's Representative (COR) – VA official responsible for providing contract oversight and technical guidance to the Contracting Officer. Responsibilities include certification of invoices, placing orders for service, providing technical guidance, overseeing technical aspects of the contract. All administrative functions remain with the Contracting Officer.

d) Contractor –refers to both the prime Contractor and his/her employees, and any sub-contractor and their employees.

e) E.O. – Executive Order

f) FSE – Field service engineer

g) Fixed-price contract- is a type of contract that provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract.

h) FAR, Federal Acquisition Regulation

i) NICET – National Institute for Certification in Engineering Technology

j) National Fire Protection Association (NFPA) - is a United States trade association, albeit with some international members, that creates and maintains private, copyrighted standards and codes for usage and adoption by local governments.

k) Out-Patient Clinic (OPC) - the part of our VA hospital system designed for the treatment of veteran’s outpatients with health problems who visit the VA for diagnosis or treatment out in their local community.

l) Preventative Maintenance (PM)

m) Performance of Work Statement (PWS) - is a performance of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes

n) Quality Assurance Surveillance Plan (QASP) – an organized written document used for quality assurance surveillance. The document contains specific methods for performing surveillance of the Contractors continuous performance.

o) Quality Control and Quality Control Plan (QCP) – Those actions taken by the Contractor to control the production of goods or services, so they will meet the requirements of the contract.

p) Solar Reflectance Index (SRI) -- The measure of constructed surface's ability to reflect solar heat, as shown by a small temperature rise

q) VAAR, Veteran Affairs Acquisition Regulation

r) Weekends, Holidays, Evenings and Nights Hours – WHEN

III. REFERENCES:

a) E.O., 12902, 13514, 13693, 13834, 13990

b) FAR 23 & 36, Sustainable Acquisitions

c) FAR 52.211-6, Brand Name or Equal

d) VAAR 823, Sustainable Acquisition Policy

e) NFPA 10, Portable Fire Extinguisher

f) NFPA 30, Flammable Combustible liquids

g) NFPA 70E, Standard for Electrical Safety in the Workplace

h) NFPA 99, Health Care Facilities Code, Latest Edition

i) NFPA 101, Life Safety Code, Latest Edition

j) NFPA 203, Guide on Roof Coverings and Roof Deck Constructions

k) VA Architectural Design Manual, Chapter 1.6 Sustainable Design

l) Design ASHRE, American Society of Heating, Refrigerating and Air-Conditioning Engineers Manual

m) ICC, International Building Code, Latest Edition

n) The Joint Commission Accreditation Manual for Hospitals, Latest Edition.

o) OSHA Standard 29 CFR Part 1910, Subparts: D, H, I, J, K, L, P & Z.

p) OSHA - Safety and Health Regulations for Construction Part 1926 Subpart E

q) International Electrical Testing Association (NETA) – Maintenance & Testing Specifications

IV. SCOPE

Due to COVID -19 all contractors will be required to be pre-screened at the VA and wear arm bands and mask given during screening prior to entry of the James A. Haley Veterans Hospital (JAHVH) facilities. This PPE is always required to be properly worn while inside the JAHVH facilities, no exceptions.

The contractor shall provide all supervision, labor, material, and equipment necessary to perform the specified work requirements. This service will include annual survey/inspection of all roof decks, annual deck/drain cleaning, semi-annual housekeeping/debris removal of low slope roof decks.

Upon completion of each building the service designee/Field Service Engineer (FSE) attesting that to an acceptable level of performance shall sign this report. The contractor shall sign out at the designated location before leaving. NOTE: Failure to furnish a service report or obtain a signed copy of the service report could result in delay of payment or non-payment.

A. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this PWS until the CO has conducted a Kickoff meeting or advised the contractor that a kickoff meeting is waived.

B. PERIOD OF PERFORMANCE

This shall be a firm-fixed price contract. Period of performance will be from the date of award through twelve (12) months plus four (4) Option Years.

C. CHANGES TO THE PERFORMANCE OF WORK (PWS)

Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a service folder with all other products of the services. Costs incurred by the contractor through the actions of parties other than CO shall be borne by the contractor.

D. PERFORMANCE REQUIREMENTS:

1. Contractor shall provide the necessary personnel and equipment to meet or exceed required service. Contractor shall have the following responsibilities:

a. Contractor shall have technical training and evident track records of working experience in Maintenance and Testing of Roofing and related components in healthcare, industrial, educational, or commercial facilities for a minimum of three (3) years.

b. Contractor shall survey/inspect each buildings roofing system and provide a list of deficiencies. All deficiencies (e.g., deck, seams, vents, parapet, drain, flashing, walkways) will be listed by building, location and with pictures (alpha/numerically). A copy will be provided to the COR; one (1) electronic copy and one (1) hard copy. Hard copy information shall be provided in a 3-ring binder format with tabs to the above format specification.

c. Contractor shall clean each roofing systems (annually) with a non-abrasive ecofriendly cleaning solution with rotating water jet systems to remove mold, and mildew. This eliminates the negative effects of high-pressure cleaning which can damage existing roofing systems.

d. Contractor shall perform semi-annual housekeeping/debris removal on all roofing systems to include debris removal.

e. Contractor shall determine/Provide Federal/State/EPA requirements for cleaning processes and secure all required permits to complete all requirements described in this PWS. Permits shall be the sole responsibility of the Contractor and copies will be maintained on site.

f. Contractor shall provide all necessary equipment/labor to properly remove roofing systems and equipment. Examples: Forklifts, cranes, All-terrain Boom Lift. The contractor will ensure PPE equipment is also provided and warn as required by all employees.

g. Contractor shall be responsible for delivery, off-loading and uncrating of all materials. All recyclable materials and debris shall be disposed of off-site. The contractor shall be responsible for inspecting shipments and replacing any damaged items during shipping. The COR shall also be made aware of issues and document discrepancies. If onsite recycling bins are available any materials will be coordinated with the COR prior to adding to any recycling bins or dumpsters.

h. Contractor shall determine power requirements for site work, while maintaining power at facilities to support 24/7 operations. Normal electrical power will be provided onsite as will water for cleaning. Any additional electrical loads will require the contractor to secure generators for supporting any excess power usage. This will be coordinated with the COR during the site walk. Any temporary shut-down of equipment will be coordinated with the COR prior to shutting down any systems.

i. Contractor shall provide safety plan for site specific roofing applications, Site Safety Officer, Weekly safety briefings, Ground Safety reviews daily--following OSHA-30 style self-inspections. The contractor shall follow Lock-Out Tag-Out procedures for all utility systems that require temporary shut-off. Site safety plans should be provided to the COR for review prior to Notice to Proceed (NTP). Safety plans should remain on site during all working hours for reference by the COR, site safety and employees.

j. Contractor shall provide as needed for each building specific site layout: temporary fencing, orange cones, safety delineators, tarps to collect debris, Construction Warning Signs, Work Area Keep Out, Flaggers, etc.… The contractor should provide First-Aid kits and eye-wash bottles for employees. If the contractor uses generators or equipment requiring fuel, fire extinguishers will be readily available where the equipment is being utilized. Any forklifts used on site will have a contracted employee spot the movements around the construction site and wear applicable safety vests and provide overwatch for pedestrians and vehicles as the forklift is driven on Federal property.

k. Contractor shall provide, possess, and utilize all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform all work safely, effectively, and timely. Tools, equipment, and PPE shall comply with OSHA Standard 29 CFR 1910 and NFPA 70/70E.

l. Contractor shall be responsible for any injury to their employees as well as for any damages to personnel or Government property that occurs during the performance of this contract that is caused by the Contractor’s fault or negligence.

m. Contractor shall ensure all paint schemes match established James A Haley Veterans Hospital color patterns on the campus (cut sheet). Any building component visible from the ground will match the existing paint scheme on campus.

n. The Contractor Safety Officer and contractor employees shall conduct daily site clean-up and ground safety walks should be conducted by the GC Superintendent on site. The sites have constant vehicle traffic 24-hrs a day. Debris left onsite will pose a safety hazard and shall be addressed immediately to ensure the safety of site personnel. The COR will work with Contractor to ensure safety is paramount.

o. Any materials brought onto Federal property must be approved and have SDS sheets on site for those products. The contractor will always maintain a binder with SDS sheets on site to verify what items are used and for safety reference. All contractor employees should have direct access to the binder to reference safety concerns. This binder is an inspection item if sites are visited by Environmental, OSHA or County inspectors.

p. Contractor shall be allowed to use approved hose bibs/water sources at the JAHVA

2. Contractor’s Minimum Requirement

a. The contractor shall provide a dedicated Account Manager to supervise all delivery of services per scope.

b. The contractor shall always be escorted by a VA employee during Maintenance at all facilities.

E. DELIVERABLES

The Contractor shall perform the services necessary to complete the tasks in accordance with the procedures described in a timely and professional manner, consistent with industry standards, at the location, place and time that the VA has set aside, and all in accordance with the PWS.

Contactor shall provide a copy of the inspection document used (field report) on the day of each performed inspection.

H. PERFORMANCE MEASURES

Contractor shall follow the schedule of specific dates for the Maintenance of the Automatic Doors in the above-mentioned buildings. Schedule must be submitted seven (7) calendar days after contract award notification and prior to performing contract work.

Contractor must provide an annual schedule each calendar year and contact the appropriate COR at least fourteen (14) calendar days in advance of performing maintenance.

For scheduling purposes, the performance of inspection will be required in each campus listed below. The annual testing period will include 100% testing of all equipment which will be listed on the report. Any inspections that are performed out of stated cycle shall conform to the existing cycle stated below (quarterly of annual inspection) at no cost to the government.

I. PERFORMANCE HOURS

Normal workdays are Monday through Friday, First Shift: 06:00am to 16:30pm /Second Shift: 13:00pm to 11:30pm to include weekends and Federal Holidays. Contractor shall perform all work during first & second shifts to include weekends when possible but shall perform any work that will affect patient care systems during times that will be the least disruptive (WHEN hours) when required by the COR. Contractor shall remove all parts and debris daily from the JAHVH Campuses work site, and contractor is responsible for a complete daily clean-up and debris removals until inspections are completed. Contractor shall submit a daily report of progress on the service to the COR or authorized personnel.

1. Government normal duty hours are from 0600-1630, Monday through Friday, excluding Federal holidays. There are ten Federal Holidays as follows:

2. If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by the U.S. Government agencies. Also, included would be any day specifically declared by the President of the United States of America as a National Holiday.

3. All work that is to be completed during WHEN hours will be done at no extra cost to the government.

With No Sensitive Data but Requires Training

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a. 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.

b. 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.

c. 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.

d. 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.

SECURITY INCIDENT INVESTIGATION:

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

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

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.

SECURITY CONTROLS COMPLIANCE TESTING:

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

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. 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.

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.

All Contractor, Pharmaceutical Company Representative (PCR), and Healthcare Industry Representatives (HIR) will coordinate with Contracting Officer Representative for instructions so they are in compliance with James A. Haley Veterans’ Hospital policies:

HPM NO. 90-25; JANUARY 2014; HEALTHCARE VENDOR ACCESS AND COMPETENCY

HPM NO. 132-04; DECEMBER 2012; SECURITY MANAGEMENT PROGRAM

HPM NO. 13205; DECEMBER 2012; HOSPITAL IDENTIFICATION PROGRAM

HPM NO. 11-91; MAY 2013; PHARMACEUTICAL COMPANY REPRESENTATIVES

HIR are required to report to MSDU (Room GC-003), immediately after entering the facility. HIR will be required to sign into the monitoring system and print a badge for proper identification. . The Healthcare Industry Representatives for Nutrition and Food Services, Office of Information and Technology, and Social Work Services are in included in this policy; vendors (HIR) for Pharmacy Services are to follow (HPM 11-91) policy. HIR must be sponsored by a physician, a Service Chief, or their designee, for a specified date and a specified case. HIR are not permitted in patient care areas or clinics unless a prior appointment has been made.

Pharmaceutical Company Representative (PCR) refers to anyone acting on behalf of a pharmaceutical company or its business partners for the purpose of promoting the use of items managed under the VA formulary process. These items primarily include drugs, but to a lesser extent also include any medical supplies, nutritional supplements, and similar commodities managed under the VA formulary process.

a. Sign-In: PCRs may visit VA Medical care facilities no earlier than 8:00 a.m. and stay no later than 3:30 p.m., Monday through Friday, unless they receive prior approval from both the Chief of the Service that they will be visiting and the Chief of Pharmacy. Representatives visiting the JAHVH must sign in at the Pharmacy Administrative Office (Located in Trailer 78) and wear a visitor’s badge as well as their company’s personal name badge while in the hospital.

Vendors: Reference Hospital Memorandum Policy Number 90-25 Healthcare Vendor Access and Competency.

Contractors and/or project managers: Will be issued a PIV/ID badge in accordance with the facility PIV Policy. Contactors will contact their assigned VA Contracting Officer Representative (COR) for coordination.

Contract Personnel/Sub-Contractors: Contractors are responsible for the daily accountability and identification of all personnel assigned to their respective contract including sub-contractors. Contractors will identify personnel using the following procedures as appropriate.

Construction Project contract personnel will report to the contractor for issuance of a temporary self-adhesive identification badge. This badge will be issued on a daily basis and must include the following information: Company name, project number, date and name of individual. Contractor will maintain a daily log of all personnel.

Contract personnel not involved in an actual construction project will report to police dispatch for issuance of a numbered badge. A driver’s license or photo ID will be required each day upon entering the facility, in exchange for the badge, and will be given back once the badge is returned to police dispatch. The contractor will provide Police Service with a list of names for all sub-contract personnel requiring access to the facility. It is the responsibility of the contractor to update the list as necessary.

NPR OPC; CBOCs and Off-site Lease facilities with VA Police staffing: As above with check-in with VA Police.

Off-site Lease facilities w/o VA Police staffing: Coordinate with COR, Administrative Officer, or Service Point of Contact.

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Page 1 of B.4 VHA Supplemental Contract Requirements for Combatting COVID-19

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

Last Updated on Thursday, August 18, 2022

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

(x) Electronic funds transfer (EFT) banking…