36C24918Q9430-001.docx

36C24918Q9430

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

614-18-2-5102-0019 36C24918Q9430 06-20-2018 David Milner 615-225-6543 07-10-2018 12:00pm CT 90C Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 X X 541620 $15 Million N/A X Department of Veterans Affairs Memphis VAMC 1030 Jefferson Ave Memphis TN 38104 90C Department of Veterans Affairs Network Contracting Office - 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 See CONTINUATION Page The Memphis VAMC has a requirement for a contractor to accomplish a Comprehensive Lead Based Paint Survey per the Statement of Work located at Section B.2.

See Addendum to 52.212-1 for instructions on submitting questions, site visit dates, and submitting quote.

See CONTINUATION Page 614-3680162-5102-850300-2542 010050176 X X David B. Milner, Jr.

VA-VHA-SAOC-2017-39696CC1

Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C249 David B. Milner, Jr.

Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

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

3. INVOICES: Invoices shall be submitted in arrears:

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

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.2 STATEMENT OF WORK

Comprehensive Lead Based Paint (LBP) Survey for the VA Memphis Medical Center.

Project Description

This statement of work is for completing a Comprehensive Lead Based Paint Survey of all painted surfaces at the VA Memphis Medical Center and the development of a Lead Management Plan, including but not limited to developing a survey plan, sampling, preparation of maps, preparing draft report and final report and final infrastructure mapping. All work completed should comply with VA, City of Memphis, Shelby County, the State of Tennessee and EPA's current regulatory requirements.

The final goal is to properly manage LBP hazards and eventually remove any LBP from the facility.

CONTRACTOR shall complete all work in the following areas of the VA Memphis buildings: Building 1A Bed Tower (2000); Building 1 Administration Building (1967); Building 1 Ambulatory Care Addition (1984); Building 5 Clinic Annex (1980); Building 6 Telephone; Building; Building 7 Spinal Cord Injury (1986); Building 8 Property 10 (1925); Building 9; MRI (1994); Building 10 Engineering Shops (1996). See attached Map.

PERIOD OF PERFORMANCE: The project Tasks outlined in the SOW will be completed on or before 180 calendar days after receipt of award.

Task I - Survey/Sampling Plan

The survey shall include:

a. All areas related to the project in buildings and structures, interior and exterior, where painted surfaces could occur.

Submit a proposed schedule for sampling including building area, date and time. This schedule is necessary to coordinate access to secured areas and allow advance notice to building occupants. The schedule must be approved by the activity designated representative prior to sampling.

Task II – Inspection & Sampling

1. An on-site inspection shall consist of a thorough property inspection to identify all lead containing material, for example, lead-based paint (LBP) or pigment and walls/door/glass/floor that contain lead. A comprehensive inspection for LCM in all homogeneous structures and subsections shall be conducted using an XRF instrument approved by HUD and for which an XRF Performance Characteristic Sheet (PCS) has been developed, or by paint chip sampling. Suspect materials to be assessed include, but are not limited to, all painted, varnished, shellacked, stained, or otherwise coated surfaces. All aspects of the inspection and testing utilizing XRF shall be conducted in accordance with the most recent version of Chapter 7 of the HUD Guidelines, applicable state, local, or other regulatory requirements which may exist, and these Guidelines. Inspectors shall ensure that the requirements of the instrument PCS are strictly followed.

2. Prior to XRF testing, the inspector or technician must perform the manufacturer’s recommended warm-up and quality control procedures and any additional checks required by the instrument PCS. On a daily basis, a set of three nominal-time XRF calibration check readings must be taken for each instrument before the inspection begins, after the inspection has been completed, and every four hours during the inspection. The calibration check readings must be taken on the red 1.02 mg/cm2 Standard Reference Material (SRM) paint film developed by the National Institutes of Technology or as required by the PCS. Each time that the instrument is calibrated, a surface without LBP such as wood or sheet rock will be analyzed to verify that the instrument is properly “zeroed.”

3. Substrate correction must be performed if recommended by either the instrument manufacturer or the instrument PCS. If either the manufacturer or the PCS recommend that XRF readings be corrected for substrate interference, the procedures in the appropriate PCS and/or the HUD Guidelines Chapter 7 must be followed.

4. To the extent possible, the testing locations should not be near potential XRF spectral interferences, such as those caused by conduits, sheet metal, metal window ballasts, aluminum, pipes, nails, etc. Flat surfaces shall be tested whenever possible. Surfaces that cannot be readily analyzed with the XRF such as highly curved, narrow, and ornate surfaces should be tested by laboratory analysis of paint-chip samples due to poor reliability of XRF results and inability to determine the surface area actually measured by the XRF. Additional measurements may be taken of a specific surface to replace initial measurements that have obvious interferences. However, all XRF measurements must be reported on the raw data forms, and XRF measurements that are repeated or discarded must be explained in the inspection report.

5. The property shall be divided into probable homogenous "subsections" according to the construction and painting histories, following the HUD Guidelines. Each subsection shall be inspected as a separate entity. The basis for defining the homogeneous subsections shall be described in the inspection report along with a list of the subsections.

All indoor and outdoor surfaces of the primary buildings, ancillary structures, and other exterior equipment (e.g., play equipment, pools, etc.) shall be thoroughly inventoried for testing combinations as described in Chapter 7 of the HUD Guidelines. The testing combination inventory should be compiled on forms similar to HUD’s, and these completed forms shall be included in the field notes appended to the final report. The inclusion of paint color as part of the testing combination shall be used in a judicious manner as multiple layers of paint may give rise to confusing or misleading interpretations associated with surface paint color.

All identified interior, exterior, and common area testing combinations must be tested to identify the presence of lead in the surface coating. All painted, varnished, shellacked, stained, or other surface coatings shall be tested. The condition of the suspect LBP shall also be assessed and recorded in accordance with the HUD Guidelines and these Guidelines. Any testing combinations in poor condition shall be noted and photographed for reporting purposes.

6. The HUD Guidelines shall be followed when selecting the number of units to be tested per homogeneous subsection for multi-family housing equivalents, such as homogenous hospital procedure rooms, patient rooms, etc, which are constructed, maintained and utilized in a similar manner, when verified as such by the primary inspector, and when HUD Guideline requirements are met in terms of homogeneity and total unit count. Any determinations as to whether or not a subsection qualifies for sampling under the multi-family sampling protocols shall be documented and reported, including evidence and reasoning supporting such a determination. When determining the number of units to be tested, each subsection of the property shall be inspected as a separate entity, although the term “subsection” could apply to individual wings as well as buildings as a whole, as they pertain to a given campus. The appropriate number of units from different buildings (if multiple buildings exist) shall be randomly selected for testing in accordance with the HUD Guidelines.

At least 40 XRF measurements must be made for each component testing combination identified (i.e. painted plaster walls; painted plaster ceilings; glazed tile walls; etc.), in accordance with the HUD Guidelines. Fewer measurements may be permissible where less than 40 distinct surfaces are available per testing combination, or if the component has been classified as LBP as a whole.

7. In the event that an inconclusive XRF reading is obtained, the technician shall investigate to determine if interference may be the cause. The instrument shall then be moved to a new location on the same component where interferences are not expected, and the measurement shall be repeated. This shall be done once per location if substrate interference is indicated. The second XRF reading shall be also be recorded on the data form, clearly indicating the basis for the second reading.

The determination of individual inconclusive XRF results shall be based on a comparison with the inconclusive ranges provided in the instrument PCS, in accordance with the HUD Guidelines. Substrate correction factors must always be considered when determining the inconclusive range if substrate correction is required per Section 5.1.4 of these Guidelines. Classification of component group (testing combination) inconclusive results be based on the HUD Guidelines criteria.

All inconclusive results shall be confirmed or negated using XRF or paint chip sampling and analysis, unless there is no benefit to the VA in obtaining conclusive results (e.g., the inconclusive components are scheduled for replacement and the presence or absence of LBP does not affect the removal and replacement costs). VA approval must be obtained in cases where inconclusive results will not be confirmed.

8. All paint chip sampling, when deemed necessary, shall be performed in accordance with the applicable requirements of the HUD Guidelines and these Guidelines. Paint chip sampling may be performed in lieu of the XRF method for smaller subsections and/or functional component types when XRF methods prove inaccurate or infeasible. Paint chip samples may be required for materials that test within the inconclusive range of the XRF instrument. Paint chip samples shall be sent to a laboratory that, at a minimum, is able to provide evidence of successful participation in the four most recent rounds of a nationally recognized lead analysis proficiency testing program. When paint chip samples are obtained, they must be collected from intact paint surfaces and be at least four-square inches in size, if possible. The paint chip samples must be representative of the testing combination, with the exact surface area of the sample measured and reported to the laboratory. All layers of paint must be included, and the amount of adhering substrate shall be minimized to the extent possible.

9. All inspections will have proper quality control incorporated into the inspection methods and analyses in accordance with Chapter 7 of the HUD Guidelines, other relevant sections of the HUD Guidelines, and these Guidelines. For XRF-based inspections, a minimum of one percent of the total measurement locations or twenty measurement locations, whichever is greater, shall be retested, reported, and discussed in the inspection report.

For paint chip sampling, a minimum of five percent of the sampling locations (one per twenty paint chip samples) or a total of ten samples, whichever is fewer, shall be resampled, submitted blind to the laboratory, analyzed, reported, and discussed in the inspection report. The quality control requirements for paint chip sampling apply to all paint chip sampling including sampling for inconclusive XRF determination.

Laboratory Analysis In areas where suspect materials have been identified, bulk sample analysis is required to positively confirm the presence of lead. Laboratories selected for this analysis shall meet specific accreditation, as well as lead identification program participation requirements.

Laboratories used for analysis shall conform to the following:

a. Be accredited by the American Industrial Hygiene Association (AIHA) for asbestos and lead or the American Association of Laboratory Accreditation (A2LA) for lead.

b. Be accredited by the National Lead Laboratory Accreditation Program (NLLAP) and Environmental Lead Proficiency Analytical Testing Program (ELPAT) for paint chip, dust, and soil analysis.

c. All bulk (destructive) collected for lead shall be analyzed by atomic absorption spectrophotometry (AA) or anodic stripping voltametry (ASV). Limit of detection in paint for construction purposes is 0.01% by weight.

d. Provide evidence of internal statistical quality control (i.e., duplicate, replicate, spikes, and blanks, etc). Provide evidence of external statistical quality control listing inter-laboratory QC results, PAT and/or ELPAT, NIST/NVLAP or other laboratory proficiency program results.

e. Provide an acceptable chain-of-custody record for sample handling and data recording.

f. Provide a copy of the laboratory's accreditation with laboratory results.

In addition to the above laboratory requirements, provide the following services:

a. Submit duplicate samples (identified in 2.1.1 above) to another laboratory for quality assurance (QA) analysis.

b. Include all laboratory certificates of analyses or test reports, including QA results, as appendices to the final report.

Field Sampling Procedures:

a. Comply with all safety and health requirements set forth in OSHA Standard 29 CFR 1926.1101, 29 CFR 1910.1025 Lead Industry Standard and 29 CFR 1926.62 Lead Construction Standard.

b. Repair all suspected painted surfaces disturbed for sampling purposes to maintain the integrity of the area. Use colored or tinted encapsulants to indicate repairs.

c. Perform sampling in such a way as not to endanger the health of personnel working in the area by ensuring that lead dust will not be released during the sampling process. Sampling in occupied administrative areas shall be performed after normal working hours unless approved by the activity by the designated VA representative.

d. Label each sample and location with a unique sample ID number. This number shall also be on the sampling container sent to the laboratory for analysis. Record the ID number and the sample location on a sampling area sketch (see U.S. EPA Document 560/5-85-030a for guidance on sketches required) and in a chain of custody log or survey form. Provide descriptive location information, such as floor, column and room numbers, to assure rapid identification at any future time by VA personnel.

e. Take reasonable measures (such as closing doors) to secure an area which is found to be an imminent hazard. Notify the designated VA representative immediately of the imminent hazard. The designated VA representative will notify the appropriate authority.

f. Planning, monitoring and directing the survey should be under the direction of an American Board of Industrial Hygiene (ABIH) Certified Industrial Hygienist (CIH), or Certified Safety Professional (CSP) trained and qualified in lead sampling and control work. Documentation of lead inspector training shall also be required. The Contractor shall provide proof of compliance by submitting the name, address, telephone number, a copy of the CIH's or CSP's-in-Charge certification (or Qualified Person's training documentation), and evidence of the successful completion of the EPA and/or State course and examination prior to beginning work on the project. Copies of the training certificates of those working on the project under the direction of the CIH, CSP, or Qualified Person are also required prior to starting work at the site. No work will be authorized without prior approval and receipt of the required certifications.

All work will be performed in accordance with industry standards, applicable portions of the US EPA 40 CFR, 29 CFR, applicable Federal Regulations, and with work crews skilled and experienced in remediation projects. QSl's professional and field personnel engaged in work on remediation projects are trained in accordance with current OSHA regulations, and are enrolled in our medical monitoring program. Training includes 40-hour and annual update training in compliance with OSHA and EPA regulations. Contractor shall not have had any OSHA violations in the last 3 years.

Task III -Labeling

All positive painted surfaces shall be labeled by the contractor indicating LBP and the hazard.

For painted surfaced where chip samples are collected, the contractor will label the sections where the samples were taken with VAMC approved safety labels supplied by CONTRACTOR. If lab analysis indicated the chip samples are positive for lead, the CONTRACTOR will place appropriate labels and signage around the facility in compliance with OSHA standards.

All work should be performed in accordance with industry standards, applicable portions of the US EPA 40 CFR, 29 CFR, applicable Federal Regulations, and with work crews skilled and experienced in remediation projects. Contractor's professional and field personnel engaged in work on remediation projects should be trained in accordance with current OSHA regulations, and enrolled in our medical monitoring program. Their training includes 40-hour and annual update training in compliance with OSHA and EPA regulations.

Task IV- Meetings

Schedule, coordinate, attend and participate in 4, 1-hour Comprehensive LBP Survey coordination meetings. These meetings will include all available agencies/stakeholders that may be affected by VA MEMPHIS LBP Survey Project. Provide draft written meeting minutes for VA MEMPHIS review and finalize after receiving comments. A Project Manager and experienced in LBP projects shall attend meeting and present information to VA MEMPHIS Staff and regulators.

Task V - Comprehensive Report

Prepare a comprehensive LBP report of information that are identified during Tasks 1-4 and indicate the hazards if any associated with LBP in the facility. A LBP Inspector/Risk Assessor certified in the State of Tennessee, shall document and sign all reports provided to VA MEMPHIS staff. The CONTRACTOR shall prepare a summary survey report with all applicable results.

Upon completion of site activities, a report will be submitted with the following information at a minimum:

a. Lead inspection report narrative describing scope of work, assessment methods, sampling actions, inspection limitations and findings, summary tables, laboratory reports, etc.

b. Name and certificate/license number of lead inspector/risk assessor(s).

c. Copy of current certificate/license

d. Copy of testing laboratory accreditation

e. Copy of all laboratory certificates of analysis, including QA results

f. Daily Reports.

g. Photographs.

h. Project Insurance.

i. Waste Manifests

j. Facility Floor Plans indicating where all Positive XRF Results are located

k. Tables of XRF Readings indicating Bldg.#, Service Area and Room#, Description of Painted Survey, Condition of Paint and Results in a non-protected excel file.

l. Detailed lead building inspection site sketch drawings indicating (in color) the description, location, quantity, and condition of all lead containing material (LCM). Drawings shall be made available in AutoCad and PDF formats.

m. Lead Management Plan (LMP), in accordance with standard AHERA protocols, that includes clear recommendations as to response actions, costs, and LCM component risk rankings for use in prioritizing planned remediation efforts. The LMP shall also include detailed cost estimates for use in planning future budgeting needs for lead remediation.

Task VI - Cost Estimates

Provide cost estimates for abatement of LBP identified during Tasks 1-5.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

Contractor will be able to review the VA shop drawings for reference as required to complete their work. Contractor will return any shop drawings to the COR once the work has been completed at the end of the day. The contractor will not share, copy, or disclose any of blue prints, maps, building layouts, etc. of the Memphis VAMC to any other third party. Contractor and their staff are not permitted to take any pictures, videos or drawings of any type. Taking of photographs/videos are prohibited while on VA premises. If an assignment requires photo images/videos, etc., the contractor must obtain a written permission from the COR. The contractor's staff will check in and out with the VA police to receive a VA work authorization badge. The badge must be worn facing forward and above the waistline. The contractors staff are required to wear the VA issued badge always while on VA premises. The contractor will not be assigned to work in any restricted areas. However, if the contractor needs access to restricted areas, a VA escort is warranted.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. 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.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-US. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

NARA RECORDS MANAGEMENT LANGUAGE

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government 'IT' equipment and/or Government records.

4. 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 by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. 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 this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems, to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are following VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor while performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

1. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

2. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

b. VA prohibits the installation and use of personally-owned or contractor/subcontractor owned equipment or software on VA' s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

c. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

SECURITY CONTROLS COMPLIANCE TESTING

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

TRAINING

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

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

2) Successfully complete the VA Information Security Awareness and Rules of Behavior training and annually complete required security training;

3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

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

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 the training and documents are complete.

The contractors staff (those who will be on VA property working) will be required to complete the VA Privacy Training VAI0I 76 & 10203 TMS training prior to the work beginning. The contractor will either personally bring the training certificates or E-mail the certificates to the COR so they can be kept on file for one year. The TMS training located at http://vaww.infoshare.va.gov/sites/VALU/TMS/Document%20Library%20with%20Submission/Managed%20Self%20Enrollment%20(MSE)/Managed-Self-Enrollment-Direct-Links.pdf

The training is only good for one year and the contractor is responsible to ensure their staff or persons who will be working on VA property are current.

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Price for survey, sample collection, and final report for building 1, 1a, 5, 6, 7, 9, 10.

Price per chip sample (Estimated Quantity is 100 Samples)

Price for placement of signage and labeling (if required post test building 1, 1a, 5, 6, 7, 9, 10.)

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.4 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits 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 Tennessee.