36C24826R0056_1.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES NO

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

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24826R0056

X

12-05-2025

673-26-2-6318-0023 673-23-107

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637

Network Contracting Office 8 (NCO 8)

Stacy Figlinski 813-940-2788

Project Title: BB Install Continuous Water Quality for Legionella Directive Compliance Project Number: 673-23-107 Project Location: James A. Haley Veteran’s Hospital, 13000 Bruce B. Downs Boulevard, Tampa, FL 33612

AT THE TIME OF PROPOSAL SUBMISSION, interested contractors MUST be actively registered in the following database:

System for Award Management: https://www.sam.gov

All VA Campuses are Smoke Free Facilities.

Site Visit: 12/17/2025 at 11:00 AM EST RFIs Due: 12/29/2025 at 10:00 AM EST Proposals Due 01/16/2026 at 10:00 AM EST

10 180

X X 52.211-10

X 10

10:00 AM EST

01-16-2026

X

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Stacy Figlinski

36C24826R0056

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

A.4 DELIVERY SCHEDULE

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.8 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

4.3 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.9 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

4.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.11 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.12 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.13 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..55

4.15 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.16 IT CONTRACT SECURITY

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

0001 1.00 JB _______________

The contractor shall provide all labor, tools, and materials necessary for the following work: Bid Build project to complete installation of a new water monitoring system.

Currently, the James A. Haley VA Hospital lacks modern continuous water monitoring systems, which places it out of compliance with VA Directive 1061. Upon completion, this project will ensure compliance with continuous water monitoring as outlined in VA Directive 1061. The new system will be centrally integrated, monitoring all incoming water sources on campus—such as municipal supplies, wells, and water towers—and all building supply connections. It will track essential data for real-time and historical water analysis and facilitate necessary adjustments to engineering controls, including monitoring water temperature, pressure, and chemistry. Project is located at the James A. Haley Veteran’s Hospital, 13000 Bruce B. Downs Boulevard, Tampa, FL 33612. Work is to be completed within 180 days of Notice to Proceed issuance.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1DA - Construction of Hospitals and Infirmaries

GRAND TOTAL _______________

A.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: James A. Haley Veteran’s Hospital 13000 Bruce B. Downs Boulevard Tampa, FL 33612

USA

1.00 180 Days from

NTP

MARK FOR: Eric Richardson

(813) 972-2000 7055 Eric Richardson7@va.gov

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

REQUEST FOR PROPOSAL

SOLICITATION NO. 36C24826R0056

ISSUE DATE: December 5, 2025 PROPOSAL DUE DATE: January 16, 2026 at 10:00 AM EST

PROJECT NUMBER: 673-23-107

PROJECT TITLE: Bid Build – Install Continuous Water Quality Monitoring for Legionella Directive Compliance

PROJECT LOCATION: James A. Haley Veteran’s Hospital, 13000 Bruce B. Downs Boulevard, Tampa, FL 33612

PROJECT SUMMARY: The contractor shall provide all labor, tools, and materials necessary for the following work: Bid Build project to complete installation of a new water monitoring system. Currently, the James A. Haley VA Hospital lacks modern continuous water monitoring systems, which places it out of compliance with VA Directive 1061. Upon completion, this project will ensure compliance with continuous water monitoring as outlined in VA Directive 1061. The new system will be centrally integrated, monitoring all incoming water sources on campus—such as municipal supplies, wells, and water towers—and all building supply connections. It will track essential data for real-time and historical water analysis and facilitate necessary adjustments to engineering controls, including monitoring water temperature, pressure, and chemistry. Project is located at the James A. Haley Veteran’s Hospital, 13000 Bruce B. Downs Boulevard, Tampa, FL 33612.

OFFICE ISSUING THIS REQUEST:

Department of Veterans Affairs Network Contracting Office (NCO) 8 Contracting Officer: Stacy Figlinski Email: Stacy.Figlinski@va.gov

PART I – GENERAL INFORMATION

1. All references to “Bid” or “Bidder” shall be understood to mean “Offer” or “Offeror”.

2. MAGNITUDE OF CONSTRUCTION: Between $500,000.00 and $1,000,000.00.

3. SITE VISIT: An organized site visit is scheduled for December 17, 2025, at 11:00 AM EST. Only one site visit will be held. See Attachment 1 Site Visit Map for location. Please notify the Contracting Officer no later than noon on December 16, 2025, if you will be attending. The Government requests that parties be limited to prime representative and estimator. Technical questions are not allowed during the site visit. Please record your questions and submit them to the Contracting Officer as an RFI by the date indicated in #4 below. Your point of contact at the site visit is Eric Richardson.

4. REQUESTS FOR INFORMATION: Requests for Information (RFIs) shall be submitted by the prime contractor to the Contracting Officer by email only. No solicitation questions will be accepted in any other format.

The cutoff date for submission of RFIs is December 29, 2025, at 10:00 AM EST. Responses will be provided through an Amendment posted to SAM.gov in a Question & Answer format visible to all offerors once they have been answered by the technical personnel.

NOTE: RFIs from a prior solicitation for this requirement have been provided as Attachment 2.

5. OFFER ACCEPTANCE PERIOD: Offers providing less than one-hundred and twenty (120) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

6. SPECIFICATIONS AND DRAWINGS: All applicable specifications and drawings, if available, will be provided electronically in SAM.gov as attachments to this RFP. No hard copies will be made available to proposing contractors.

7. LIMITATIONS ON SUBCONTRACTING: (Reference Contract Clause FAR 52.219-14 for further information): By submission of an offer and execution of a contract, the Offeror agrees that in performance of the contract, the concern will perform at least fifteen (15) percent of the cost of the contract, not including the cost of materials, with its own employees. Fill out and return Attachment 13 LOS.

8. FUNDS: Award is subject to availability of FY26 funding.

9. OFFER GUARANTEE (BID BOND) (SUBMIT WITH YOUR PRICE PROPOSAL): Per FAR Clause 52.228- 1-Bid Guarantee, the amount of the bid guarantee shall be 20 percent of the bid price Or $3,000,000.00, whichever is less. Provide with price proposal.

10. BONDS: (Reference Contract Clause FAR 52.228-15 for further information on applicability):

A payment and performance bond shall be provided. The penal sum shall be one hundred percent (100%) of order price. Bonds and other payment protection shall be provided within 10 calendar days of award of the Contract. The Notice to Proceed will not be issued until the Contractor provides sufficient bonding to cover the work being performed. Provide electronically only. NCO 8 no longer accepts bonds through the mail.

11. WAGE DETERMINATION: Wages for all contractors and subcontractors must comply with Davis Bacon Wage Determinations. The current determination is General Decision FL20250208 dated 05/23/2025, see Attachment 3 Wage Determination. Be advised the determination that is current at the time of the Contract award is the determination that will apply for the project. Current determinations are always available at:

http://www.sam.gov/.

12. CONTRACT PERFORMANCE PERIOD: 180 calendar days after receipt of written Notice to Proceed performed in concurrent or sequential phases as indicated or required.

PART II – PROPOSAL PREPARATION AND EVALUATION INFORMATION

1. To assure timely and equitable evaluation of the proposals, offerors must follow the instructions contained herein. For proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete, and directly responds to the requirements of this solicitation. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

2. Prospective vendors shall provide their proposal in any of the following formats: .pdf, .docx, or .doc to via email to the Contracting Officer.

3. The technical proposal and price proposal MUST be separate documents. No pricing information can be provided within the technical proposal.

4. Technical Proposal Format. Technical Proposal Factors 1 through 3:

The technical proposal shall be its own document and shall include the following information:

a. Cover page with the following information:

Solicitation Number Project Title and Project Number Business Name and Address Point of Contact Name, Phone Number, and Email SAM UEI number

b. Table of Contents with distinct separation of the below listed three technical evaluation factors.

Factor 1: Specialized Experience & Capability

The offeror is required to submit three (3) relevant projects similar to water quality/ VHA Directive 1061 demonstrating your firms experience and capability similar to this requirement per the provided Statement of Work.

These demonstrations in similar experience and capability shall be in a healthcare environment with trade coordination work as critical activities for these capability areas: Cost control, quality of work and compliance with performance schedules on a project of similar scope and size. Briefly describe the team's specialized experience, technical competence, and expertise in understanding how to complete general construction work in a hospital setting in accordance with the submitted Statement of Work (SOW) the VA specifications and the drawings. The offeror is required to demonstrate recent (within the last five years), successful performance under contracts (ongoing or completed) which are similar in scope, magnitude, and complexity to the subject requirement.

Formatting and Other Restrictions: The submission is limited to the provided Experience Information Sheet, Attachment 4.

Factor 2: Schedule

The offeror is required to submit a proposed progress schedule in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the Notice to Proceed and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work. All schedule items will show a start date and a completion date. The detailed schedule will show the offerors ability to complete the project in the required time frame of One Hundred-eighty days (180) calendar days. If you anticipate long lead times for project materials that will impact the 180 day requirement, state this in the technical proposal with your anticipated lead time for the specific item.

Provide specific tasks with dates for the following:

• Construction Period to include all phases of the construction project such as mobilization, provisions for overtime or shift work, Site utilities, temporary rerouted medical center vehicular and pedestrian routes, final inspection and close out.

• The Offeror shall specify how much allowance has been made for bad weather in the schedule, the days of the week and the hours of construction operations during each phase of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.

• The Offeror will provide a written commitment as to the time frame (number of days after receipt of the notice to proceed) within which the Offeror will guarantee completion. If there is a long lead time for materials, please note the items in your proposal.

Formatting and Other Restrictions: There is no page limitation.

Factor 3: Past Performance

Past performance information may be obtained from references provided by the offeror and from other sources known to the Government or learned during the course of the evaluation. Each offeror will be evaluated on its performance for similar type of projects. The government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement.

a. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance, in accordance with FAR 15.305 (a)(2)(iv). Therefore, the offeror shall be determined to have unknown past performance.

b. Offerors shall provide completed Past Performance Questionnaires or CPARS on at least one (1) but not more than three (3) recent (within the past 5 years) and relevant projects that were submitted for Factor 1. Relevant means similar in size, scope, magnitude of effort and complexity to this requirement. The Contracting Officer will evaluate past performance to rate accordingly and may contact sources provided in the survey as necessary.

Formatting and Other Restrictions: Limited to CPARS records or Past Performance Questionnaire, Attachment 5.

5. Price Proposal Format. Price Proposal Factor 4:

The price proposal shall be its own document and shall include the following information:

a. Cover page with the following:

Solicitation Number Project Title and Project Number Business Name and Address Point of Contact Name, Phone Number, and Email SAM UEI number

b. Signed Offer/Acknowledgement of Amendments

c. Bid Bond

d. Completed A.3 PRICE/COST SCHEDULE

e. Completed Project Price Breakdown form, Attachment 6

The Government will evaluate price based on the total price.

All technical factors, when combined, are more important than price.

PART III – AWARD

1. The Government will evaluate proposals submitted in response to this solicitation which meet the requirements stated above.

2. This procurement will be a single award on a trade-off basis resulting from this solicitation to the responsible offeror.

3. Award may be made without discussions, except for minor clarifications.

List of Attachments:

Attachment 1 Site Visit Map Attachment 2 Previous RFIs Attachment 3 Wage Determination Attachment 4 Exp Info Sheet Attachment 5 PPQ Attachment 6 Project Price Breakdown Attachment 7 Basis of Design TAB A Attachment 8 Electrical Dwg Add 1 Attachment 9 Plumbing Dwg Add 1 Attachment 10 Bid Docs Dwgs Attachment 11 Bid Docs Specs Attachment 12 Site Plan Attachment 13 LOS Attachment 14 A.3 PRICE/COST SCHEDULE

STATEMENT OF WORK

Construction Services: Install Continuous Water Quality Monitoring for Legionella Directive Compliance

PROJECT # 673-23-107

Completion by 180 days after notice to proceed

SCOPE OF WORK

The project scope will encompass the renovation of the grounds at the James A. Haley VA Hospital, situated at 13000 Bruce B. Downs Boulevard, Tampa, Florida, as detailed in the drawings and specifications provided in this acquisition package. This scope of work involves the complete installation of a new water monitoring system.

Currently, the James A. Haley VA Hospital lacks modern continuous water monitoring systems, which places it out of compliance with VA Directive 1061. Upon completion, this project will ensure compliance with continuous water monitoring as outlined in VA Directive 1061. The new system will be centrally integrated, monitoring all incoming water sources on campus—such as municipal supplies, wells, and water towers—and all building supply connections. It will track essential data for real-time and historical water analysis and facilitate necessary adjustments to engineering controls, including monitoring water temperature, pressure, and chemistry.

PLACE OF PERFORMANCE

James A. Haley Medical Center Building #1 – Main Hospital 13000 Bruce B. Downs Blvd.

Tampa, Fl. 33612

HOURS OF OPERATION AND SCHEDULING

Standard work hours for this site are 7:00AM to 3:30PM Monday through Friday except for Federal Holidays. If the Contractor desires to work on Saturday, Sunday, holidays, or outside the project site’s standard working hours the contractor must submit a written request for approval to the COR at least seven (7) working days prior to the proposed start of such work. All work that interrupts facility operations must be submitted via workplan at least twenty-one (21) calendar days prior to planned work.

CONFIRMATION OF WORK

All work will be monitored by the COR to administer the technical performance of the contract and all work is subject to Quality Control Methods before approval.

COMPLIANCE

Contractor shall comply with all the construction documents, all applicable Department of Veterans Affairs Master Specifications, and all project specifications herein. Any deviations shall immediately be brough to the attention of the COR. Please note basis of design does not guarantee compliance with Buy American Act or other requirements.

CONTRACTOR EMPLOYEES

Contractor personnel shall maintain professional conduct and present a professional appearance while present on James A. Haley Medical Center property. Each contractor is subject to all Department of Veteran Affairs and Medical Center rules and procedures applicable to their conduct and appearance.

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 ID badge collected by the contractor. All ID 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.

CONTRACTOR EMPLOYEE CONDUCT

• The contractor is completely responsible for all actions and conduct of their employees. Contractor employees must be well-groomed and professional 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 a medical facility 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 property.

• 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.

CONTRACTOR RESPONSIBILITY

• The contractor shall obtain all necessary licenses and/or permits as required to perform this work, including but not limited to James A Haley VA Hospital general requirements and permits for work.

• The contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

• The contractor shall be responsible for any injury to themselves, their 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.

• The contractor shall execute work in a manner that interferes as little as possible with normal functioning of the Medical Center as a whole, including operations of utility services, fire protection systems, and any existing equipment, and with work being done by others. Use of equipment and tools that transmit vibrations and noises through the building structure are not permitted in buildings that are occupied, during construction, jointly by patients or medical personnel, and Contractor's personnel.

• The contractor shall always provide protection of interior of existing structures from damage and debris and dust generated by contractor construction activities. Wherever work is performed, floor surfaces that are to remain in place shall be adequately protected prior to starting work, and this protection shall be maintained intact until all work in the area is completed.

• 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.

CONTRACT AWARD MEETING:

• The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a

Kickoff Meeting and given the contractor a formal notice to proceed or advised the contractor that a kickoff meeting is waived. Latest facility work request and permit procedures shall be provided by the VA at this meeting.

CHANGES TO THE STATEMENT OF WORK (SOP):

• 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.

PERFORMANCE REQUIREMENTS:

• Contractor shall provide the necessary personnel and equipment to meet service requirements. Contractor shall have the following responsibilities:

• Provide licensed and trained personnel to execute the project in the State of Florida;

• Provide all design, supervision, labor and materials to accomplish all requirements described in this

SOW;

• Obtain all necessary licenses and permits required to perform this work required by this SOW;

• Take all precautions necessary to protect persons and property from injury and/or damage during period of performance of this contract;

• Be responsible for any injury to their employees as well as for any damages to personnel or

Government property that occurs during the period of performance of this contract that is caused by Contractor fault or negligence;

• Ensure that all areas where equipment is serviced within this contract are left in an as-found condition;

• Have technical training and evident track records of working experience in renovation projects in healthcare 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 in a safe manner, 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 proper disposal of all generated waste, dust, and debris;

• Maintain project schedule agreed upon in the final contract documents;

• Provide all OSHA site safety for each employee during work; and

• Contractor employees shall have background checks completed.

DELIVERABLES

• The Contractor shall perform the services necessary to complete the entire project in accordance with the SOW and the procedures described in a timely and professional manner, at the location, place, and time that expressed herein.

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 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. 132-05; 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 For Contracts

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.

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. Haley Veterans’ Hospital and Clinics control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and James A. Haley Veterans’ Hospital and Clinics guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with James A. Haley Veterans’ Hospital and Clinics policy.

8. The Contractor shall not create or maintain any records containing any non-public James A. Haley Veterans’ Hospital and Clinics information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The James A. Haley Veterans’ Hospital and Clinics owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which James A Haley Veterans’ Hospital and Clinics shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #4192704, Records Management for Everyone. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

MARCH 12, 2010 VA HANDBOOK 6500.6

APPENDIX 8 VA ACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT

CLAUSE

NOTE: This clause will undergo official rule making by the Office of Acquisitions and Logistics. The below language will be submitted for public review through the Federal Register. The final wording of the clause may be changed from what is outlined below based on public review and comment. Once approved, the final language in the clause can be obtained from the Office of Acquisitions and Logistics Programs and Policy.

1. SUBPART 839.2 - INFORMATION AND INFORMATION TECHNOLOGY SECURITY

REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

2. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008)

As prescribed in 839.201, insert the following clause:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in…