36C24823R0096_1.docx

36C24823R0096

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)

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

YES

NO

a.

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

36C24823R0096 X 04-14-2023 673-23-102 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) amy.shaw3@va.gov

Department of Veteran Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River, Suite 160 Tampa FL 33637 Amy Shaw 813-938-0528 Project Title: Repair Fire Suppression System Bldg 38, James A. Haley VA Medical Center, Tampa, FL.

Project #: 673-23-

102 CO

: Amy Shaw Email: amy.shaw3@va.gov

IAW FAR 36.204 the VA's magnitude of this construction project is between $25,000.00 and $100,000.00 NAICS: 238220 - Plumbing, Heating, and Air-Conditioning Contractors Product Service C ode (PSC): J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment This solicitation will be evaluated o n a trade-off basis. As stated elsewhere in this solicitation, this procurement is a two (2) phase design/build IAW FAR 36.3. One solicitation will be issued covering both phases. In Phase I, proposals will be evaluated to determine which offerors will submit Phase II proposals. Block 13 A immediately below only refers to Phase One proposals.

This requirement is set-aside for VIP certified, Service-Disabled Veteran Owned Small Businesses (SDVOSB). Vendor verification for SDVOSB's can be found at https://www.vetbiz.va.gov. ANY PERSON OR ENTITY SUSPECTED OF MISREPRESENTATION FOR THE PURPOSE OF SECURING A GOVERNMENT CONTRACT MAY BE CRIMINALLY INVESTIGATED AND PROSECUTED FOR

FRAUD AGAINST THE UNITED STATES GOVERNMEN

T.

James A. Haley VAMC is a smoke free facility. Contractors, in order to enter the campus, you must have a pic ture ID.

All contractors are required to wear a face covering (per CDC guidelines) while on campus. All contractors will be screened at the entrance of the VA campus. A series of questions will be asked and temperatures taken. While working inside or outside the VAMC, the contractor will be responsible to wear a face covering at all times Personal Protective Equipment (PPE) is not provided.

Refer to solicitation instructions for Phase One cutoff date for submission and Request for Information (RFIs), or questions, if any. Phase One Site Visit will be on 4/21/2023 @10:00AM (EST). Email paul.gu erra@va.gov with intent.

All offerors must comply with all solicitation terms and conditions (T&C's). Please refer to the instru ction contained in RFP 36C24823R0096 for submission requirements.

Davis Bacon Wage Rate FL20230208 dated Jan. 13, applies.

x x 52.211-10 X

4:00PM

EDT

05-08-2023 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 s ign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

1.00

Furnish all necessary professional services, equipment, labor materials, supervision, tools, testing, and specialty services (i.e. Industrial Hygienist, Asbestos Contractor, etc.) to perform a design-build for the NRM Project # 673-23-102, " Repair Fire Suppression System Bldg 38" at the James A. Haley VA Hospital, located at 13000 Bruce B. Downs Boulevard, Tampa, Florida, 33612. The work includes, but is not limited to site investigation, design and preparation of drawings, phase planning, specifications, construction and installation of the Bldg 38 fire suppression system repair as designed in the hospital areas identified in the project description in this SOW.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

A.4 DELIVERY SCHEDULE

13000 Bruce B Downs Tampa, FL 33612 4745

USA

1.00

813-972-2000 x5481 paul.guerra@va.gov

Page 1 of Page 1 of

STATEMENT OF WORK

Repair Fire Suppression System Bldg 38

PROJECT #673-23-102

I. SCOPE OF WORK:

A. Furnish all necessary professional services, equipment, labor materials, supervision, tools, testing, and specialty services (i.e. Industrial Hygienist, Asbestos Contractor, etc.) to perform a design-build for the NRM Project # 673-23-102, " Repair Fire Suppression System Bldg 38" at the James A. Haley VA Hospital, located at 13000 Bruce B. Downs Boulevard, Tampa, Florida, 33612. The work includes, but is not limited to site investigation, design and preparation of drawings, phase planning, specifications, construction and installation of the Bldg 38 fire suppression system repair as designed in the hospital areas identified in the project description in this SOW. The DB Team is to include subcontractors performing professional services under this contract, shall perform its services consistent with the professional skill and care ordinarily provided by architects/engineers practicing in the same or similar locality under the same or similar circumstances. The DB Team shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project.

The design phase will include a site survey and as-builts of the building standpipe system and hydraulic calculations for the specific two hose connections associated with the project.

The VA will provide requested As-Built drawings (in either AutoCAD, PDF, or JPG form) on a CD-ROM to the A/E for design purposes. The A/E is encouraged to review all drawings with the assigned VA representative COTR to verify what existing drawings are available. The A/E shall coordinate with the VA representative COTR prior to viewing the drawings located at the VA and shall not remove any documents from the files.

The existing drawings on file at the VA may not be 100% accurate and may not exactly reflect the current conditions of the James A. Haley VA Hospital. It is the responsibility of the A/E to review the existing drawings and verify the existing conditions.

B. Project Description:

Provide design build services which include the following:

· A site survey by the Design Team

· As-build drawings of the standpipe system

· Hydraulic calculations for the specific two hose connections that are mentioned in the report.

· Install new pipe in penthouse with new routing so that hose connections can meet the flow requirements in NFPA

· Demo existing pipe

· Replace pressure switch on Jockey Pump

· Hydraulic calculations for two VA specified hose connections in building 38

· Retest system to ensure compliance The DB Team shall evaluate these areas to determine if utilities or any other objects will need to be relocated or addressed in the design. The DB Team shall also review the as–Built drawings and the site drawings for the areas affected.

The DB Team shall show a detailed containment work plan as required for infection control. This plan shall be detailed showing locations and what infection control requirements are to be used for each area. The HPMs for Safety and Infection Control will be provided to the D/B Team for their use. Construction barriers will be required as needed for the duration of the construction to isolate patients and staff from dust, debris and construction hazards as determined by the Safety Officer and Infection Control representatives.

New work includes, but is not limited to designing and preparing drawings, phasing planning, to create the Bldg 38 fire suppression system repair in the hospital campus areas listed in this SOW. The D/B Team will be required to attend design meetings as necessary to discuss progress with the VA staff. The D/B Team will be required to take meeting minutes and distribute to the VA for approval and as documentation of what was covered in the meeting.

C. Design Tasks:

1. SITE INVESTIGATION: Design Services shall conduct a site survey of the project area to ensure that the design is feasible and without any major obstacles. Available as–built drawings and related other project drawings are available to the DB Team, but field verification by the DB Team must be completed to verify existing site conditions and to collect data as required for design development work to successful completion of design and construction documents.

2. DEMOLITION: The project demolition work may include structural, architectural, electrical demolition to clear space for the new systems.

3. ELECTRICAL: The D/B team must evaluate the electrical systems serving the design scope area to determine if there is enough, and provide modifications and extensions to the existing electrical systems, security system, communications system, fire / safety system, etc. as needed and with available capacity.

4. INDUSTRIAL HYGIENIST: An Industrial Hygienist (IH), licensed by the State of Florida as an Asbestos Consultant, may be required due to the existence of asbestos containing materials that may be encountered during the construction project.

5. ASBESTOS: The D/B Team shall investigate the construction site to verify any asbestos containing materials. A NESHAP is required. Asbestos containing sprayed-on fireproofing, floor tile & mastic, and other asbestos containing / contaminated materials / items may be encountered in buildings 1. If asbestos is encountered, it is the D/B Team and their subcontractor’s responsibility to adhere to all VA, OSHA, Federal, and State regulations of ACM procedures. All work performed in areas containing asbestos will be done after normal working Submittal packages for the Asbestos & IAQ qualifications shall be provided to the VA. The IH shall perform duties as necessary by monitoring, inspecting and testing inside / outside the work area in accordance with OSHA requirements.

a. NOTE: Some site investigation work may be in asbestos contaminated areas and will require the D/B team to have their personnel trained for Class 3 Asbestos Work (Maintenance & Operations within Asbestos Contaminated areas).

b. IAQ: The IH will also have to design IAQ measures for construction work in relevant areas.

6. EQUIPMENT: The D/B Team shall coordinate the design work directly with the suppliers / manufacturers of the new equipment to produce a completely designed operational project. All drawings, schematics, and other data available from the equipment suppliers shall be incorporated in the A/E drawings and specifications. The D/B Team is to determine the points of connection between old and new equipment and clearly detail these connections on the drawings.

7. Design the project by using site measurements and verifying site conditions. The D/B Team shall not rely solely on the As–Built drawings.

8. The D/B Team shall provide other documentation (i.e., calculations, reports, recommendations, etc.) that is appropriate to support the design effort and to keep the Government fully informed of all issues or potential problems. Provide computations and sizing calculations for any anticipated new loads, altered loads, and existing loads for electrical, mechanical (HVAC, plumbing, medical gas and steam), sanitary, structural and fire protection designs. For computerized calculations, submit complete and clear documentation of computer programs, interpretation of input / output, and description of program procedures. Provide an investigation and explanation of code requirements incorporated into the design. Furnish a copy of each code quoted or used in the design, when necessary to provide additional understanding of design decisions.

9. The D/B Team shall provide all schedules and tables used on the drawings in MS Excel.

D. Additional Requirements and Information:

1. DRAWINGS: The A/E shall provide electronic copies of drawings at each review step generated in the latest version of AutoCAD or its companion products (digitally signed DWGs) and PDF format in individual sheet files on CD-ROM. Include all associated support files (i.e. plot styles, external referenced files, etc.). This facility currently uses AutoCAD. The standard drawing size shall be ARCH E1 (30” x 42”). The format to be used in creating the CAD drawings (i.e. layer / level structure, fonts, font sizing, file naming conventions, etc.) is that of the latest edition of the National CAD Standard (www.nationalcadstandard.org).

a. The D/B Team shall follow these level / layer formats, file – naming conventions, and symbol library.

b. Drawings are to be drawn from the VA’s “As-Built” or construction drawings updated by site verification, not scanned reproductions.

c. The final sets of the new construction drawings, including the film copies, shall be sealed (embossed & ink stamps) and signed by each respective Professional Engineer in their discipline, Industrial Hygienist, Architect and other necessary licensed professional consultants.

2. SPECIFICATIONS: The D/B Team may obtain the list of the complete VA Construction Specifications from the VA Facilities Management Technical Information Library (TIL), which is located at http://www.cfm.va.gov/TIL/spec.asp#02. The Tampa VA has specifications that have been edited for general use at this facility and are the preferred specification to be used. If there are missing specifications sections from the Tampa VA specific specification then the specifications from the Technical Information Library shall be used.

3. DESIGN SCHEDULES: Design schedules are not needed as this is an emergent repair with minimal design services such as calculations, as-builts and production. The DB team is expected to perform in an expedited manner.

a. Begin Design Development (Notice to Proceed): NTP

4. REVIEW MEETINGS: The DB Team is required to attend a design review meeting prior to starting the project repair.

E. COMPLIANCE

· The contractor shall be fully responsible for compliance with all VA, local, state, and Federal occupational safety laws, rules, and regulations.

· The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients.

· The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working procedures.

· All work for the duration of the contract shall be performed by certified trained technicians.

F.CONTRACTOR EMPLOYEES

Contractor personnel shall present a neat appearance and be easily recognized as contract employees. Example: wearing steel toe boots and safety glasses ID badges and or name tags.

G.CONTRACTOR EMPLOYEE IDENTIFICATION

All contractor employees must be clearly identified as contractors (not VA employees) when performing services under this contract. This includes visual (appearance), verbal (phone), and electronic (email). The contractor must provide all employees with a contractor identification (ID) badge at the contractor’s expense prior to performing work under this contract. Contractor employees are always required to display this badge when performing services under this contract.

Employees released from service by the contractor must have their badge collected by the contractor. All badges must contain an expiration date and photograph of the employee.

All contractor employees must also be required to wear VA issued badges and must always display these badges while in the performance of this contract and/or as instructed by the COR.

The contractor supervisor must ensure that all contractor employees display their VA issued badges.

The contractor supervisor must be responsible for managing all VA issued badges provided to contractor employees and immediately collect these badges from employees no longer working on the contract.

H.CONTRACTOR EMPLOYEE CONDUCT

· The contractor is completely responsible for all actions and conduct of their employees. Contractor employees must be well-groomed and neat in appearance.

· Contract employees must be professional in attire and must not wear any offensive clothing.

· Contractor employees must conduct themselves in a socially acceptable manner appropriate for an office work environment; Loudness, vulgarity, rudeness, smoking, or other similar offensive conduct by a contractor employee may be grounds for denying the employee further access to VA premises.

· Contractor employees must not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract.

I.CONTRACTOR RESPONSIBILITY

· The contractor shall obtain all necessary licenses and/or permits as required to perform this work.

· He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

· He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Florida.

· Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

J.UNSCHEDULED REPAIRS AND EMERGENCY SERVICE:

· Contractor shall provide a telephone number for repair services assistance. Contractor shall notify the COR immediately if the telephone number is changed.

· Contractor shall respond to emergency repair calls with their installation/warranty by phone normally within two (2) hours but no more than four (4) hours. Contractor shall provide an on-site response time of no more than four (4) hours or next business day if call is made after 1:00 p.m. and be required to repair the equipment and place it back in service within twenty-four (24) hours after notification by telephone call (unless another specified time is agreed to by the COR placing the service call request). Response time is defined as time contractor is first notified until the time vendor arrives on station. Failure to meet the required on-site response or repair time shall allow the Government an option to contact a third-party vendor to provide services. Costs for services provided by a third party shall be billed against the Contractor.

K.CONTRACT AWARD MEETING:

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

L.PERIOD OF PERFORMANCE:

· This shall be a firm-fixed price contract. Warranty period for the installation and repair will be provided as part of the original contract documents for the project.

M. CHANGES TO THE Statement of Work

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

N. Performance Requirements:

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

· Provide licensed and trained personnel to perform the project in the State of Florida.

· Provide all supervision, labor and materials to complete all requirements described in this SOW.

· Contractor shall obtain all necessary licenses and permits required to perform this work required by this SOW, with each having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour Construction Outreach Training or General Industry Outreach Training.

· Contractor shall take all precautions necessary to protect persons and property from injury and/or damage during performance of this contract.

· 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.

· Contractor shall insure that all areas where equipment is serviced under this contract are left in a clean, neat and orderly condition.

· Contractors shall have technical training and evident track records of working experience in Fire Protection and related components in healthcare, industrial, educational, or commercial facilities for a minimum of five (5) years.

· Contractors shall 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, (Subpart I), and NFPA 70E. Prior to initiating work, the Contractor shall provide documentation demonstrating that all instruments, test equipment, tools, and PPE possess current calibration and safety inspections. Dated calibration and safety inspection labels shall be visible on all equipment as applicable

· Arrange and pay for all proper disposal of waste and debris.

· Maintain project schedule agreed upon in the purchase order documents.

· Provide all OSHA site safety for each employee during work.

· Contractor employees shall have background checks completed.

O.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 SOW and RFP documents.

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

P.TESTING SPECIFICATIONS

· All testing/inspections of the shall be in accordance with applicable industry standards and manufacturers recommendations. The initial test schedule shall be submitted to the COR no later than 10 days after award. The inspection schedule shall be submitted to the COR sixty (60) days prior to the start of the next inspection.

Q.PERFORMANCE STANDARDS

· Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection and monthly monitoring. At the end of each option year, A Contractor Performance Assessment Reporting System (CPARS) will be sent to the contractor. The contractor has the right to either agree or respond. This reporting applies to this contract. https://www.cpars.gov/, https://www.acquisition.gov/.

R.ROLES AND RESPONSIBILITIES:

· Contracting Officer (CO) - A person duly appointed with the authority to enter, administer and terminate contracts on behalf of the Government. The CO is the only person who can legally commit the Government and only the CO, as the Government's agent, can modify the contract/order. The CO is the final authority for determining the adequacy of the Contractor's performance. CO decisions arising under or relating to the contact are final.

· Contracting Officer's Representative (COR) — An individual designated in writing by the CO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor's performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority' rests solely with the CO. The COR’s primary duty is to monitor the Contractor's performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the COR will report the unacceptable performance to the COR. The COR is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

· METHOD OF SURVEILLANCE: Simplified methods of surveillance will be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic assessments of service and customer feedback.

· Periodic Assessment of Services — For services that occur over several months, the COR shall evaluate contractor performance on a quarterly basis and upon completion of services. Generally, the Government will rely on the Contractor's Quality Control system to ensure that services conform to contract quality requirements before they are tendered to the Government for acceptance.

· Customer Feedback — Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. To be considered valid, the customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR will investigate the complaint; if determined valid, the COR will advise the CO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file.

S.SURVEILLANCE PROCEDURES:

· The COR will evaluate the Contractor's performance quarterly against Performance Standards established in the contract/order. Evaluations will be to the extent practical to assure the contractor provides quality services IAW the requirements of the contract. Evaluations could be evaluation, /validation of contractor supplied performance data, as well as analysis of Customer feedback, for performance trends and to ensure valid customer concerns are resolved timely.

· If at any time the COR receives indicators (e.g. Valid customer complaints or notes Performance Standards are not being met) that the Contractor's performance is less than acceptable, the COR will investigate to determine if this is a onetime issue that has been promptly corrected, or if the discrepancy is systemic in nature. If the issue is determined to be an isolated occurrence, the COR will continue with Quarterly Evaluations. If the issue is recurring and systemic in nature, the COR will perform more frequent evaluations.

· The COR will notify the Contractor each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR will record the contract requirement, the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The Contractor will be given two working days after notification to correct the deficiency in accordance with requirements of the contract. Deficiencies that cannot be corrected within two working days will be reported to the Contracting Officer.

· The COR will re-examine services that are found deficient. Failure to complete corrective actions will be reported immediately to the CO for further action. Upon satisfactory completion of the work, the COR will accept the services provided and authorize payment, by approving the Contractor's invoice in Wide Area Workflow.

T.SURVEILLANCE STANDARD:

· The Performance Standard set forth in the SOW and Line items is the standard the Contractor must meet for services to be deemed acceptable. Generally, under commercial services contracts, the Government is relying on the Contractor's assurances that the services conform to contract requirements. Consistent with FAR 52.212-4, Contract Terms and Conditions, (a) Inspection and Acceptance, the Contractor shall only tender for acceptance those services that conform to the requirements of the contract/order. The Government may require re-performance of nonconforming services at no increase in contract price. The Government reserves the right to refuse acceptance of nonconforming services. In no case, shall the Government's right to inspect services under the inspection provisions of the contract be prejudiced.

U. SECURITY CLAUSES:

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.

i. 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 listed on the JAHMC Document Management Center share point site:

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

HPM NO. 132-04; SECURITY MANAGEMENT PROGRAM

HPM NO. 13205; HOSPITAL IDENTIFICATION PROGRAM

HPM NO. 11-91; 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.

NARA Records Management

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. James A Haley Veterans’ Hospital and Clinics and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of James A. Haley Veterans’ Hospital and Clinics or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

a. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to James A. Haley Veterans’ Hospital and Clinics. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to James A.