36C25026B0001.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.

1 84

36C25026B0001

X

10-21-2025

539-26-1-6905-0001

539-20-104

36C250

Department of Veterans Affairs

Network Contracting Office (NCO) 10

260 E. University Avenue

2nd Floor

Cincinnati OH 45219

Email Only. Send to Contracting Officer ronald.heidemann@va.gov

NO physical documents will be accepted

Ron Heidemann 513 559 3708

Renovate MICU/SICU - 539-20-104

The Contractor shall provide all tools, equipment, material, permits, labor, and supervision required to completely perform the required construction work for the Renovate MICU/SICU project, including prepare site for building operations including demolition and removal of existing structures, and furnish labor and materials and perform work as required by drawings and specifications. This construction project will renovate 11,000 SF of the MICU space in building 1. This project will upgrade the electronic controls, add controls to exhausts to maintain proper pressurization and a test and balance (TAB) will be performed on existing systems at the minimum, midpoint, and maximum flows to ensure proper calibration. The address is: Cincinnati VAMC, 3200 Vine Street, Cincinnati, OH 45220.

Work to be completed within 430 calendar days from receipt of Notice to Proceed.

This solicitation is 100% set aside for Service-Disabled Veteran-Owned Small Businesses.

NAICS: 236220; Size Standard: $45 million.

Magnitude of Construction: $5,550,000.00 and $7,250,000.00

An organized site visit is scheduled for 11-03-2025 at 8:00AM. See Information in Important Bidder Information section.

Bid guarantee will be accepted, via email only, if received before the date/time specified in block 13a below. Send bids to the email specified in block 8 above. Hand delivered and mailed bids/guarantees will not be accepted.

A virtual bid opening will be conducted. See Information in Important Bidder information Section.

This solicitation is 100% set aside for a Service-Disabled Veteran Owned Small Business. Only bids from VA-certified

SDVOSBs in the Department of Veterans Affairs, the Dynamic Small Business Search database (https://dsbs.sba.gov) at time of bid submission and prior to award will be eligible for award.

NOTICE: The VA and/or a third party (support contractor) will require access to the VA contractor records to access contractor compliance with the limitations on subcontracting requirement included in VAAR 852.219-75

"Limitations on Subcontracting..."(Jan 2023)(Deviation) located in the General Conditions section of this solicitation.

The formal certification must be completed, signed and returned with the offeror’s bid. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

0 430

X X

X

1 1:00 PM EST

11-21-2025

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

UEI:

Tax ID:

Email:

See Bid Schedule on page 6

539-3660162-6905-854200-3220-23NRNR000

36C250

Department of Veterans Affairs

Network Contracting Office (NCO) 10

260 E. University Avenue

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

Ronald Heidemann

1015L3-0502

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

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

STATEMENT OF BID ITEM(S)

STATEMENT OF WORK (SOW)

IMPORTANT BIDDER INFORMATION

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.3 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.5 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

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

2.9 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)

(DEVIATION FEB 2025)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

3.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

GENERAL CONDITIONS

4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

4.3 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JAN 2025)

4.4 52.223-20 AEROSOLS (MAY 2024)

4.5 52.223-21 FOAMS (MAY 2024)

4.6 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (NOV 2023)

4.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.8 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.10 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.12 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

4.13 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

4.14 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

4.15 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

4.16 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION)(APR 2025)

4.17 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

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

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

4.19 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

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

2018)

4.21 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

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

4.24 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL

PRODUCTS (APR 2019)

4.25 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

4.26 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.27 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..82

4.28 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

ATTACHMENTS:

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

STATEMENT OF BID ITEM(S)

A. BID ITEM 1, BASE BID ALL WORK: Work will include completing the project Renovate

MICU/SICU at the Department of Veterans Affairs Medical Center, 3200 Vine Street, Cincinnati, Ohio. Work includes general construction, alterations, plumbing, mechanical and electrical work, utility systems, and certain other items as described in the specifications and drawings.

It is the intent of the Government that award will be made on BID ITEM 1 (BASE BID); however, should the bids exceed the funds available, award may be made on BID ITEM 2, 3, or 4 in that order if priority, based on available funding. Bidders should bid on each item listed.

All phases of work including close out documents shall be complete within 430 calendar days after receipt of Notice to Proceed.

Total Bid Item No. 1: $_________________________ (Lump Sum)

B. BID ITEM 2: All work in BID ITEM 1, BASE BID, except DELETE all labor and materials associated with the construction, alteration, plumbing, mechanical and electrical modifications to the office/conference/break room areas as indicated on the contract documents.

Total Bid Item No. 2: $_________________________ (Lump Sum)

C. BID ITEM 3: All work in BID ITEM 2, except DELETE labor and materials associated with the switchable electric glass at the intensive care unit/critical care unit entrances and nurse viewing windows. Intensive care unit/critical care unit entrances and nurse viewing windows to receive integral blinds.

Total Bid Item No. 3: $_________________________ (Lump Sum)

D. Bid ITEM 4: All work in BID ITEM 3, except DELETE labor and materials associated with the installation of aerosol duct sealant as indicated on the contract documents.

Total Bid Item No. 4: $_________________________ (Lump Sum)

STATEMENT OF WORK (SOW)

The Contractor shall provide all tools, equipment, material, permits, labor, and supervision required to completely perform the required construction work for the Renovate the MICU &

SICU Project, including prepare site for building operations including demolition and removal of existing structures, and furnish labor and materials and perform work as required by drawings and specifications.

This construction project will renovate approximately 11,000 sq. feet of the 2nd floor in the

Medical Intensive Care Unit (MICU). Construction will include demolishing the existing MEP components, floors, walls, and ceilings within the MICU to update the space with a new layout, fixtures, and finishes. Included in this scope is the construction of new patient rooms, offices, a conference room, staff lounges, M/F locker rooms, a clean supply room, a pharmacy office, work areas, and a HUC station. The scope also includes the installation of a new HEPA pandemic filtration system to provide negative pressure to the newly constructed patient rooms complying with pandemic preparedness standards. The majority of the work is to take place on the 2nd floor, however, plumbing and HVAC connections will need to be made above and below the 2nd floor deck and slab, which will incorporate coordination with the services above and below the area of active construction, as well as rooftop work to install and tie into new/existing air handling equipment.

The above construction Statement of Work (SOW) constitutes a basic outline of work and in no way outlines all of the details for the construction of this project. It is recommended that a detailed inspection of the premises, drawings and specifications be initiated to determine the needs and conditions for the construction of this project.

IMPORTANT BIDDER INFORMATION

BIDDING MATERIALS: Bidding materials consisting of drawings, specifications, contract forms and any issued amendments will be posted at Government Portal of Entry (GPE). Currently accessed here: https://sam.gov. Enter the solicitation No. (SF 1442/Box 1) into the search box to access the bid materials. This is the only official location where these documents can be obtained and where official amendments are posted. No ‘hard copy’ bidding materials are available.

BID SUBMISSION: This solicitation is an Invitation for Bids (IFB) and will utilize sealed bidding

IAW FAR Part 14 Sealed Bidding. A public bid opening, via CONFERENCE CALL, will be conducted by Contracting Officer, Ron Heidemann, at the date and time outlined in Box 13 of the SF 1442, at the Network Contracting Office (NCO) 10, 260 East University Avenue, Cincinnati, Ohio 45219-2637.

Call in information will be posted with the final amendment to the solicitation.

Physical bids will not be accepted.

The following documents are to be included in the bid submission:

(1) An original, fully completed and signed SF 1442 Offer page.

(2) Acknowledgment of any amendments issued either by completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page.

(3) An original, fully completed bid schedule. The Base Bid amount for the entire project is entered in block 17 of the SF 1442 Offer page.

(4) A completed and signed SF 24 Bid Bond (electronic version acceptable).

(5) A completed and signed copy of VAAR clause 852.219-75 - VA NOTICE OF LIMITATIONS

ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION).

(6) A completed and signed copy of FAR 52.219-28 - POST-AWARD SMALL BUSINESS

PROGRAM REREPRESENTATION (FEB 2024), if the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the

NAICS code applicable to this contract.

SITE VISIT (CONSTRUCTION): An organized site visit has been scheduled for—

11-03-2025 at 8:00 A.M. EST

Participants will meet at—

3200 Vine Street, Cincinnati, OH 45220 - Bldg. 2, Room 3026

PROJECT INFORMATION

PROJECT: 539-20-104 – Renovate MICU/SICU

PROJECT LOCATION:

Cincinnati VA Medical Center https://sam.gov/

3200 Vine Street

Cincinnati, Ohio 45220-2637

MAGNITUDE OF CONSTRUCTION: Between $5,550,000 and $7,250,000.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 236220

TYPE CONSTRUCTION: Commercial and Institutional Building Construction

SMALL BUSINESS SIZE STANDARD: $45.0 Million

PERIOD OF PERFORMANCE: 430 calendar days from receipt of Notice to Proceed (NTP)

WAGE DETERMINATION: Department of Labor General Decision Number OH20250082 is included as an attachment to this solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage determinations are available at: https://sam.gov

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI utilizing the RFI Form attached to this Solicitation, send via email to ronald.heidemann@va.gov. The subject line of the email must read ‘RFI – 36C25026B0001.

RFIs must be specific identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be posted to https://sam.gov as necessary in amendment format. Deadline for submission of RFIs for this solicitation is close of business 11-10-2025. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer.

Telephone requests for information will not be accepted or returned.

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award

Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and

Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Federal

Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system. Warning: FAR 4.1102(a) requires be registered in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements. If a bid is received and bidder is not registered as required, the bid will be considered non-responsive and therefore not eligible for award.

THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding

Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at www.sam.gov for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

VETS-4212 FEDERAL CONTRACTING REPORTING SYSTEM: Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in https://sam.gov/ https://sam.gov/ http://www.sam.gov/ http://www.sam.gov/ any fiscal year. The rules and regulations can be found here: VETS-4212. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-

4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S. Code, Section 4212, codified at 41 CFR Section 61-300.

Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process.

BONDING INFORMATION

BID GUARANTEE: A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, shall require rejection of the bid in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard Form 24 (see FAR 28.106-1) and contain the proper solicitation number, bid opening date, and be from a corporate surety listed in Department of Treasury

Circular 570. Individual sureties must be acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Electronic copies of the original are allowed.

PERFORMANCE AND PAYMENT BONDS: In accordance with Contract Clause 52.228-15, and FAR 28.102, Contractors are reminded that any amount awarded over $35,000.00 shall require a Payment Bond (SF 25A), and awards exceeding $150,000.00 shall require both

Payment and Performance Bonds (SF 25). Payment and Performance bonds are due no later than 10 days after notification of award. Bonds must be provided with original ‘wet ink’ signatures - no white outs or other corrections are allowable. Electronic copies of the originals are allowed.

SECURITY

BACKGROUND INVESTIGATIONS: All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.

Levels and associated types of Background Investigations:

• If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.

• If the project requires that workers require un-supervised, logical and/or physical access for 180 consecutive or aggregate days in a 365-day period, over a 3-year period, a background investigation is required (Special Agency Check (SAC)) which must be completed prior to being allowed access.

• If the project requires that workers have un-supervised, full-time, logical, and/or physical access for more than 6 months or more than 180 aggregate days in a one-year period, a background investigation is required (Special Agency Check and National Agency Check with Written Inquiries (NACI)) and access is not allowed until a favorable SAC https://www.dol.gov/agencies/vets/programs/vets4212 completion.

All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract in order to recoup the investigation costs. The current cost for a SAC is $25.00 per employee and the current cost for a NACI check is $177.00 per employee (subject to change at any time).

MEDICAL CENTER ACCESS: Anyone participating in the site visit, or for any other reason that involves visiting the medical center related to this solicitation, must have a valid ID on your person and your vehicle must be properly registered and insured. Visitors are prohibited from possessing weapons while on a federal installation (See 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities). Handheld cellphone use or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.

PRIVACY TRAINING: All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative.

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in

E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).

VHA DIRECTIVE 1192.01: The Construction Contractors’ representatives performing construction activities at the Cincinnati VA Medical Center-Fort Thomas validate that the following additional requirements are in place before starting construction activities on campus:

Annual influenza shot is required for all staff performing work on campus. Contractor badge must be obtained and worn by the contractor or representative at all times while on campus.

The contractor will validate in writing via a signed memo to the Contracting Officer that the above items are being done as part of the bid package. No Personally Identifiable Information

(PII) will be collected. Seasonal influenza with Vaccines (VHA Directive 1192.01)

Health Care Personnel (HCP). HCP are individuals who, during the influenza season, work in

VHA locations or who come into contact with VA patients or other HCP as part of their duties.

VHA locations include, but are not limited to, VA hospitals and associated clinics, community living centers (CLCs), community-based outpatient clinics (CBOCs), domiciliary units, Vet centers and VA-leased medical facilities. HCP include all VA licensed and unlicensed, clinical and administrative, remote and onsite, paid and without compensation, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, researchers, volunteers and health professions trainees (HPTs) who are expected to perform any or all of their work at these facilities. HPTs may be paid or unpaid and include residents, interns, fellows and students. HCP also includes VHA personnel providing home-based care to Veterans and drivers and other personnel whose duties put them in contact with patients outside VA medical facilities.

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS: The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER,

OR PROJECT MANAGER: Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project

Manager”, or their abbreviations are to be replaced with “Contracting Officer’s Representative

(COR)”.

PAYMENT FOR MATERIALS STORED OFF-SITE: Payment in advance of installation for materials stored off-site is not authorized under this contract.

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT SYSTEM (CPARS)

(a) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of

Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000 and shares those evaluations with other Federal

Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

(b) Each contractor whose contract award is estimated to exceed $250,000 is required to register with CPARS database at the following web address:

www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer

Support Desk at DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor's registered representative.

(c) For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor's performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor's designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the

VA contracting officer within those thirty days, will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond.”

PRECONSTRUCTION CONFERENCE

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

Notice:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial

Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

APPENDIX C — VA INFORMATION AND INFORMATION SYSTEM SECURITY AND

PRIVACY LANGUAGE

1. GENERAL. This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

2. VA INFORMATION CUSTODIAL LANGUAGE. This entire section applies to all acquisitions requiring any Information Security and Privacy language.

a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License.

b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in

Data – General.

c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General

(OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations.

e. The contractor may only use VA information within the terms of the contract and applicable

Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge

Service.

g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business

Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.

h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information

Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge

Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS)

Implementations.

i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

k. Notwithstanding the provision above, the contractor 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 medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency

Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.

l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and

Identity and Access Management (IAM) Security processes specified in the VA Information

Security Knowledge Service.

m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA

Directive 6300, Records and Information Management, VA Handbook 6300.1, Records

Management Procedures, and applicable VA Records Control Schedules.

n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.

o. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA. The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing

VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and

NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract.

p. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.

3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS. This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract.

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.

b. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior

(ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted.

c. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance 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 shall be in accordance with VA Directive and

Handbook 0710, Personnel Suitability and Security Program. The Office of Human

Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance.

Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National

Industrial Security Program Operating Manual (NISPOM).

d. All contractors and subcontractors shall comply with conditions specified in VAAR

852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

e. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following: (1)

Contractor/subcontractor personnel no longer has a need for access to VA information or

VA information systems.

(2) Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.

(3) Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company-owned property.

This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.

(4) Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.

(5) Contractor/subcontractor personnel have their authorization to work in the United

States revoked.

(6) Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.

f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing

Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.

g. Contractors/subcontractors who no longer require VA accesses will return VA-issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO.

6. INFORMATION SYSTEM DESIGN AND DEVELOPMENT. This entire section applies to information systems, systems, major applications, minor applications, enclaves, and platform information technologies (to include the subcomponents of each) designed or developed for or on behalf of VA by any non-VA entity.

a. Information systems designed or developed on behalf of VA at non-VA facilities shall comply with all applicable Federal law, regulations, and VA policies. This includes standards for the protection of electronic Protected Health Information (PHI), outlined in 45

C.F.R. Part 164, Subpart C and information and system security categorization level designations in accordance with FIPS 199, Standards for Security Categorization of

Federal Information and Information Systems and FIPS 200, Minimum Security

Requirements for Federal Information Systems. Baseline security controls shall be implemented commensurate with the FIPS 199 system security categorization (reference

VA Handbook 6500 and VA Trusted Internet Connections (TIC) Architecture).

b. Contracted new developments require creation, testing, evaluation, and authorization in compliance with VA Assessment and Authorization (A&A) processes in VA Handbook

6500 and VA Information Security Knowledge Service to obtain an Authority to Operate

(ATO). VA Directive 6517, Risk Management Framework for Cloud Computing Services, provides the security and privacy requirements for cloud environments.

c. VA IT contractors, subcontractors and third-party service providers shall address and/or integrate applicable VA Handbook 6500, VA Handbook 6517, Risk Management

Framework for Cloud Computing Services and Information Security Knowledge Service specifications in delivered IT systems/solutions, products and/or services. If systems/solutions, products and/or services do not directly match VA security requirements, the contractor shall work though the COR/CO to identify the VA organization responsible for governance or resolution. Contractors shall comply with FAR 39.1, specifically the prohibitions referenced.

d. The contractor (including producers and resellers) shall comply with Office of Management and Budget (OMB) M-22-18 and M-23-16 when using third-party software on VA information systems or otherwise affecting the VA information. This includes new software purchases and software renewals for software developed or modified by major version change after the issuance date of M-22-18 (September 14, 2022). The term “software” includes firmware, operating systems, applications and application services (e.g., cloud-based software), as well as products containing software. The contractor shall provide a self-attestation that secure software development practices are utilized as outlined by

Executive Order (EO)14028 and NIST Guidance. A third-party assessment provided by either a certified Federal Risk and Authorization Management Program (FedRAMP) Third

Party Assessor Organization (3PAO) or one approved by the agency will be acceptable in lieu of a software producer's self-attestation.

e. The contractor shall ensure all delivered applications, systems and information systems are compliant with Homeland Security Presidential Directive (HSPD) 12 and VA Identity and Access management (IAM) enterprise identity management requirements as set forth in OMB M-19-17, M-05-24, FIPS 201-3, Personal Identity Verification (PIV) of Federal

Employees and Contractors (or its successor), M-21-31 and supporting NIST guidance.

This applies to Commercial Off-The-Shelf (COTS) product(s) that the contractor did not develop, all software configurations and all customizations.

f. The contractor shall ensure all contractor delivered applications and systems provide user authentication services compliant with VA Handbook 6500, VA Information Security

Knowledge Service, IAM enterprise requirements and NIST 800-63, Digital Identity

Guidelines, for direct, assertion-based authentication and/or trust-based authentication, as determined by the design and integration patterns. Direct authentication at a minimum must include Public Key Infrastructure (PKI) based authentication supportive of PIV and/or

Common Access Card (CAC), as determined by the…