36C25519R0100-001.docx

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 t ime. 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 accepta nce after the date offers are due will not be considered and will be rejected.

36C25519R0100 X 07-02-2019 657A4-17-901 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 Wright, Donald 573-778-9709 The Department of Veteran Affairs NCO 15 intends to award a Construction Contract for project 657A4-17-901 FCA – Replace 518kVA Life Safety Generator located at the John J. Pershing VA Medical Center, Poplar Bluff, MO.

This project is being solicited as a Service Disabled Veteran Owned Small Business (SDVOSB) set-aside.

Proposals received in response to this solicitation will be evaluated in accordance with the Federal Acquisition Regulation FAR 15.101-2 Best Value Lowest Price technicallyacceptable source selection process.

Those offerors not providing the documentation outlined in the "Instructions to Offerors" will be deemed unacceptable to the terms of the solicitation.

The NAICS code and size standard for this project are: NAICS 238210 - Electrical Contractors with a size standard of $15 Million. Estimate of construction magnitudefor this project is between: $2,000,000 and $5,000,000.

There will be only one site visit for this project. The site visit is scheduled for July 16, 2019 at 11:00am CT.

All Questions pertaining to this project are due July 19, 2019 by 3:00pm CT.

Provide Contractor Duns Number:__________________________

Contractors working f or the Medical Center are exempt from state sales tax, and a Project Exemption Certificate will be issued upon award of this contract.

Note: The term Offer and Bid are interchangeable within this solicitation.

**HAND DELIVERED PROPOSALS MUST BE DELIVERED TO: DEPARTMENTOF VETERAN AFFAIRS, NETWORK CONTRACTING OFFICE (NCO) 15, ATTN: MIKE BOTTARY, 3450 S. 4th STREET, LEAVENWORTH, KANSAS 66048. CALL ONE OF THE FOLLOWING NUMBERS FOR PROPOSAL DOCUMENTS TO BE RECEIVED UPON ARRIVAL: 913-946-1142, 913-946-1124 or 913-946-1140

A single award will be made for all Bid Items

All contractors and joint ventures must be verified in VetBiz and registered in SAMS at the time of proposal due date, in order to be eligible for award.

NOTICE: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this solicitation. Public Law (P.L. 105-339), Section 1354 provides that no agency may enter into a contract with a contractor who has not filed a VETS-4212 report for the preceding fiscal year under Title 38 Section 4212(d).

X X 52.211-10 X

ZERO

2:00PM CT

08-02-2019 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 pr int) (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

**PRICE IS TO BE SUBMITTED ON PAGE 3 OF THIS SOLICITATION**

00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 00255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 877-353-9791 512-460-5429 Michael J. Bottary Contracting Officer

Table of Contents

STATEMENT OF BID ITEM(S)

A. ITEM I, GENERAL CONSTRUCTION: Work includes general demolition, construction, and alterations, to walks, grading, drainage, necessary removal of existing structures and construction and certain other items as described in the drawings to facilitate the removal of an existing enclosed diesel engine generator, along with associated generator enclosure building, underground wiring, external engine cooling radiator, and exhaust muffler, and underground diesel fuel storage tank; and to facilitate the placement of a new diesel engine generator in sound attenuating enclosure, and associated new walk-in switchgear enclosure.

B. ITEM II, Electrical Work: Work includes all labor, material, equipment and supervision to perform the required electrical construction work on this project including Provide and install new diesel engine generator in walk-in, sound attenuating enclosure. Provide and install new walk-in switchgear enclosure equipped with generator output distribution switchboard, portable generator and load-bank connection box docking station, and four (4) new automatic transfer switches arranged as shown in the drawings.

C. ITEM III, Mechanical Work: Work includes all labor, material, equipment and supervision to perform the required Mechanical construction work on this project including: Provide climate control for new walk-in switchgear enclosures. Provide new filter system for existing ductwork attached to existing Lab Air Handling Unit (AHU) as described in the drawings.

QTY JOB TOTAL COST $__________________________

Page 1 of Page 1 of Statement of Work 657A4-17-901: FCA – Replace 518kVA Life Safety Generator Scope of Work The Statement of Work is for performance of work associated with Construction Documents for project 657A4-17-901: FCA – Replace 518kVA Life Safety Generator.

A pre-bid walkthrough will be held on site. Questions may not be asked on site or directed to individuals. All questions shall be in writing submitted to the Contracting Officer by the specified deadline. Questions that do not make the deadline will not be answered. Lack of attendance or omission of questions at the pre-bid walkthrough shall not be subject to modification due to site condition or details.

The contractor shall provide all services, materials, labor, supervision, safety, and expertise for items described in the A/E provided Construction Documents; drawings and specifications. Work is subject to IBC, IPC, RP8 (seismic), NFPA, IEEE, NETA/NECA, UL, and other similar applicable standards.

The SSHO, QA/QC, and Superintendent shall be distinct and independent duties fulfilled by individual persons with 5 years’ experience in healthcare electrical installations. These duties shall have OSHA 30 Hour Certification, minimum. All other workers shall have OSHA 10 Hour Certification. The SSHO shall have a job specific hard hat sticker for each employee to display at all times on site.

The contractor shall reduce facility impact and plan accordingly. The contractor shall give 14 calendar days of notice for interruption of any service. The contractor shall phase, and plan work accordingly, including but not limited to performing work outside of normal operating hours, weekends, holidays, and shift work. The contractor shall supply correctly sized generators for loads of the medical center when EES is interrupted. The facility shall always have N+1 redundancy, with no exceptions taken. The contractor may use existing generation gear on site but provide fuel as necessary. The contractor shall publish a detailed “2 week look ahead” each week at the construction progress meeting.

Submittals shall be managed electronically by an exchange site such as Procore, Newforma, or equal provided by the contractor. The contractor shall submit all materials to the A/E for first level conformance review. Once the A/E has provided a response, the second level review shall be from the station COR. Once the COR has approved the submittal, it has been released for construction. Material installed without written approval are subject to correction at no cost to the Government. The A/E has 7 calendar days for review. The COR has 10 calendar days for review. Upon project completion, all approved submittals shall be electronically submitted to the Government on a CD as well as any other material specific information such as maintenance documents and training. Also, upon completion, the contractor shall furnish redlines to the A/E. Final As-Built Documentation shall be submitted electronically (PFD and CAD) and on velum/mylar for record. As-Builts shall deliver an accurate and field verified one-line diagram with distinction of Life Safety, Critical Patient, and Critical Equipment. Rotation and other electrically specific details shall be included.

The contractor shall provide training, as required by specification, to VA maintenance and operation staff. The contractor shall provide a preventative maintenance document to the VA that indicates manufacturer recommendations for all items within the scope of work. The contractor shall supply 1 additional set of all PM items such as lubricants, fuses, filters, and other required items. System commissioning and acceptance shall occur prior to any training. Commissioning components and functional testing shall be completed thoroughly and witnessed by the COR.

Any deviations in required work items from the Construction Documents and this SoW shall come in the form of an RFI through the electronic submittal software. The A/E shall provide the first response and the VA shall provide the Final Response. The Contracting Officer is the only entity that can approve changes that impact the Scope of Work and Contract Cost. Any contractual changes will come in writing from the CO.

The contractor shall coordinate with existing systems on station such as annunciator panels and other devices that are connected/related to this system. The contractor shall coordinate ATS style with existing system and components.

Materials and workmanship are subject to the VAAR and FAR. If workmanship standards are not met, retainage may be held at a rate of 10% of each formal pay application.

The generator and EES components shall be serviceable within a 4-hour factory assistance call. Location, dealer/vendor support, Buy-American, serviceability, and maintenance (minimizing overhead components) shall all be factors in selecting equipment.

The generator shall provide electronic integration into Building Automation and provide reporting systems for documentation as required by NFPA 110. This reporting includes but is not limited to the following: alerting and notification to FMS, fuel levels, battery conditions, exercise schedules, oil pressure, charger status, engine status, coolant level, coolant temperature, history file and time stamp, immediate notification, transfer timing, maintenance log, fuel management and other record management abilities.

All NEC/NFPA and other applicable healthcare facility codes referred to in specification or VHA Publications such as VHA Directive 1028 and Electrical Design Manual are applicable to this project and will be strictly enforced. Seismic requirements published on the VA TIL and RP 8 are applicable. Any deviations or work that is non-conformant to standards, regulations, or specification shall be removed and corrected at no cost to the Government. The VA adopts the most current versions of the NFPA and other applicable publications. The arc flash and coordination study shall be performed (stamped) and field adjusted by a Professional Electrical Engineer and technician. Installation of electrical systems shall be performed by licensed or journeymen electrician; provide documentation via submittal. State requirements may be applicable for UST and AST.

Commissioning and Commissioning Agent (CxA) shall be supplied by the contractor. The CxA shall be a qualified third-party entity. Refer to Cx specifications.

Demolition management plans for recycled items shall be submitted to the COR. Items with scrap value such as engine generators, transfer switches, copper conductions, and other valued items shall have scrap tickets submitted to the COR. The Government has first right of refusal on all items. If the Government retains any items, it will be clearly indicated with a red tag, stating the VA shall retain the piece of equipment. The contractor is responsible to move retained items into storage on site and protect during demolition and transportation.

Due to limited parking, small campus size, and multiple construction projects, the contractor shall limit the number of contractor vehicles on site to (2) plus (1) pull behind trailer.

The contractor shall have the A/E on site for the Final Walkthrough and Punch List for Acceptance as well as other planned milestones for construction period services.

The contractor shall provide a 1-year warranty on all items within the Scope of this Project, subject to latent defects.

The contractor shall provide the Poplar Bluff VA Medical Center with the proper skilled labor, equipment, materials, supplies, and supervision for performance of all work indicated or referenced within this Statement of Work and by the corresponding Construction Documents (plans, specifications, VA TIL publications and other provided documents) for a 100% functional product upon completion.

Technical Requirements

· Provide administrative requirements including insurance, bonding (if required), Schedule, Infection Control Risk Assessment, permits, all VA required documentation and permits, all required safety documentation, participate in construction progress meetings, submittals, close-out documentation, warranty, as-built drawings and all other documentation specified.

· Provide secure fencing surrounding the staging area/construction trailer to prevent entry by unauthorized individuals or patients.

· Protect the environment and structures that remain adjacent to the work area from damage. Any damage to the area adjacent to the work area will be repaired by the contractor at no cost to the Government.

· Contractor to coordinate with surrounding ongoing hospital operations relative to the need to cease construction due to critical procedures, etc.

· Contractor is required to perform all hazardous material remediation and removal for this project as stated in the project drawings and specifications. Provide IH services where required.

· Contractor must attend a Pre-Construction meeting with the Contracting Officer, Contracting Officers Representative, the A/E, the Integrated Project Team (IPT Team), and Facility Leadership.

· Contractor to furnish a comprehensive construction schedule in Microsoft Project or similar within two (2) weeks of award.

· Contractor shall maintain two (2) redline copies of the project drawings that will be reviewed weekly by the COR or other VA construction personnel.

· The contractor is to perform all work associated within the project Construction Documents.

· Pay application shall be submitted in “pencil copy” to the COR prior to formal application for payment. The “pencil copy” shall be accompanied by certified payroll, job site sign in documentation, and any other time/attendance documentation.

· The Government shall not pay for materials that are not on site or stored off site.

Existing Conditions

The Contractor is expected to be familiar with the existing conditions and the work to be performed. The Contractor shall verify all areas requiring work as stated in the Technical Requirement portion of this Statement of Work prior to the commencement of work.

The Contractor shall coordinate with all other contractors on site. Coordination with, in, and around the following projects are required:

Page 1 of Page 1 of

· 657-401

· 657-400

· 657-351

· 657A4-15-111

· 657A4-17-902

· 657A4-19-101

· 657A4-19-609

· 657A4-19-103

· 657A4-19-800

· 657A4-19-210

· 657A4-19-300

· Other Projects and Operations noted in weekly coordination meetings

Page 1 of Page 1 of Page 1 of

Page 1 of Page 1 of Page 1 of Submittals, Inspection, and Acceptance

All submittals for each item must be approved prior to purchase and/or installation per the specifications.

· Project Safety Plan

· Demolition Debris Management Plan

· Environmental Protection Plan

· Project Schedule

· Project Phasing Plan

· Coordination planning before each “feature/division” of work

· All Submittals as required in the Project Specifications and Project Drawings

· All Submittals/Samples required by Project Specifications including but not limited to:

· Description of each product

· Submittal Drawings and/or Manufacturer’s literature/data as required by the specifications

· Samples as required by the specifications

· Test reports as required by the specifications

· Material Certificates of compliance

· Contractor certification

· Recycled Content of sustainable materials specified

· Photographs of existing conditions Field Inspection

· Installer qualifications

· Additional submittals may be required at the request of the Contracting Officer or COR. A comparison of products for QA/QC may ben requested by the COR and CO.

The A/E and COR will approve/disapprove Contractor submittals. Any submittal that is disapproved shall be addressed by the Contractor in a timely manner but no less than five (5) days. If more time is needed to address disapproved submittals, the Contractor may ask, in writing, for additional time from the COR.

The COR will accomplish inspection and acceptance of the work on behalf of the Contracting Officer. Any work that is to be enclosed (earth, concrete, etc.) shall be inspected by the COR prior to covering. All work must be accepted by the COR on behalf of the Contracting Officer. Any work that is found to be unacceptable by the COR shall be removed and replaced at no cost to the Government. Workmanship/quality of work is subject to acceptance.

Safety/Infection Control/Security The Contractor is wholly responsible for work site safety. The Contractor shall implement a safety program that protects the lives and health of personnel inside and immediately surrounding the work area, prevents damage to property, and avoids normal work or patient flow interruptions. To accomplish this end, the Contractor shall provide an OSHA certified Competent Person to be onsite at all times while work is being performed, erect appropriate safety barricades, signs, signal lights, etc. as well as comply with the requirements of all Federal, State, and Local safety laws, rules, and regulations. The Contractor must submit copies of certifications for safety training of the Competent Person stationed onsite to the COR before work begins. The SSHO shall make all requests for Hot Work, Energized Work, Trenching/Excavation, Hoisting/Craning, or any other applicable permit 1 day in advance. Coordinate with Safety Service as necessary.

All Infection Control procedures and requirements shall be followed. Equipment required may include, but not be limited to: tact mats, negative pressure air machines with HEPA filtering, vacuuming debris, etc. The Contractor shall follow the requirements of the Infection Control Risk Assessment. Privacy and safety training shall be completed by all contractor personnel prior to the commencement of work. TB and other infectious disease immunization/testing are required. Flu Shots are required for contractor personnel.

The Contractor is responsible for meeting with the engineering department at John J. Pershing VAMC to discuss and/or acquire the proper badges for personnel prior to starting work. The Contractor is required to assure that all personnel have their issued badges on their person before entering the facility, and to safeguard the badges from possible theft or damage. Work to be performed after normal working hours, will require approval and notification with the VA 3 days prior to beginning work.

Test and Performance The Contractor shall notify the Contracting Officer’s Representative one (1) week in advance of any performance, inspection, or acceptance tests that are to be conducted. The tests shall be performed in the presence of the Contracting Officer’s Representative. Any work that has been covered or has not been properly tested by visual inspection will be removed and replaced at no additional cost to the Government. Failure of tests shall require replacement at no cost to the Government.

Schedule of Work The Contractor shall discuss work hours with the Contraction Officer’s Representative prior to the commencement of work. Normal working hours shall be from 7:00 am to 5:00 pm. The Contractor and Contracting Officer’s Representative will agree on the hours of operations for this scope of work. The Contractor is responsible for notifying VA Police of the time, location, and work to be performed before every off-hour engagement. Major interruptions to the facility with a duration of over 4 hours are subject to Nights and Weekends only.

Period of Performance The period of performance is 365 calendar days after the Notice to Proceed.

Liability of Contractor Any damage to Government property caused by the Contractor shall be repaired or replaced by the Contractor at no cost to the Government. Retainage is applicable due to damages.

The Contractor shall not disconnect any service or utilities without prior approval of the COR. No less than a two (2) weeks of notice shall be given to the COR if interruption is needed. The Government will not be held liable for any costs incurred due to time constraints needed for service or utility interruptions.

Labor Laws The Davis-Bacon Act applies to this project.

Site Cleanup and Restoration The Contractor shall remove waste generated every day from the worksite. Waste shall be deposited in an appropriate dumpster provided by the Contractor and located in an area approved by the COR and removed from the grounds every week or when full. The Contractor is responsible for the procurement of waste services, and no Government leased, or owned dumpster shall be used to dispose of construction waste.

All recyclable materials shall be recycled at appropriate facilities. Invoices or receipts related to the recycling of construction waste shall be submitted to the Contracting Officer’s Representative.

Any material identified to be salvaged or in good condition that can be reused elsewhere in the facility shall be stored in an appropriate location for later use to reduce overall maintenance costs of the Government. The Contracting Officer’s Representative shall denote such location, if required. The Contractor shall notify the Contraction Officer’s Representative prior to the start of any demolition. The Contractor shall perform a walkthrough of the entire project area and allow the VA’s engineering and maintenance and operations staff indicate which items will be turned over to the Government.

Upon completion of work, the Contractor is responsible for any punch list items accrued during the final walkthrough by the Contracting Officer’s Representative and the designated punch list team. This contract will not be fulfilled until all items are addressed in a timely manner, inspected by the Contracting Officer’s Representative, and have his/her approval.

Execution The Contractor will perform all work and provide the labor and equipment needed to meet deliverables within this Statement of Work and the following Construction Documents. The Government shall not loan or provide any labor or equipment. The Government is not responsible for costs incurred due to mismanagement of labor or lack of proper equipment.

----END----

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY language FOR Inclusion into CONTRACTS

1. 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.

ACCESS to VA INFORMATION AND VA INFORMATION SYSTEMS

1. A contractor/subcontrator 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.

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.

VA INFORMATION CUSTODIAL Language

1. 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).

If VA determines that the contractor has violated any of the information confidentiality, privacy, security, and other 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.

SECURITY INCIDENT INVESTIGATION

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

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

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

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

LIQUIDATED DAMAGES FOR DATA BREACH

1. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

1. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

1. Each risk analysis shall address all relevant information concerning the data breach, including the following:

Nature of the event (loss, theft, unauthorized access);

Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $__37.50__ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

TRAINING

1. 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. Successfully complete the appropriate VA privacy training and annually complete required privacy training (See below training); and

1. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access

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

Failure to complete the mandatory annual training, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

7. ADDITIONAL Requirements

a. The COR is responsible for coordinating with the Police prior to contractor arrival to identify the names of contractor personnel so that Police can ensure sufficient number of contractor badges are available for issuance prior to beginning work. COR is also responsible for signing out and signing in temporary contractor badges.

b. The COR is also responsible for maintaining copies of signed Privacy training for all contractors according to RCS 10-1.

c. Any work performed outside of official VA business hours after hours will require escorts.

d. Escort duties for un-cleared contractors are strictly limited to government officials, specifically VA employees. At no time are contractors allowed to escort other contractors.

VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information

The Department of Veterans Affairs, VA must comply with all applicable privacy and confidentiality statutes and regulations. One of the requirements in VA is to have all personnel trained annually on privacy requirements. “Privacy” represents what must be protected by VA in the collection, use, and disclosure of personal information whether the medium is electronic, paper or verbal.

This document satisfies the “basic” privacy training requirement for a contractor, volunteer, or other personnel only if the individual does not use or have access to any VA computer system such as Time and Attendance, PAID, CPRS, VistA Web, VA sensitive information or protected health information (PHI), whether paper or electronic. You will find this training outlines your roles and responsibility for protecting VA sensitive information (medical, financial, or educational) that you may incidentally or accidentally see or overhear.

If you have direct access to protected health information or access to a VA computer system where there is protected health information such as CPRS, VistA Web, you must take “Privacy and HIPAA Focused Training” (TMS 10203). “VA Privacy and Information Security Awareness and Rules of Behavior” (TMS 10176) is always required in order to use or gain access to a VA computer systems or VA sensitive information, whether or not protected health information is included. Both trainings are located within the VA Talent Management System (TMS): https://www.tms.va.gov What is VA Sensitive Information/Data?

All Department information and/or data on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes not only information that identifies an individual but also other information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, and records about individuals requiring protection under applicable confidentiality provisions.

What is Protected Health Information?

The HIPAA Privacy Rule defines protected health information as Individually Identifiable Health Information transmitted or maintained in any form or medium by a covered entity, such as VHA.

What is an “Incidental” Disclosure?

An incidental disclosure is one where an individual’s information may be disclosed incidentally even though appropriate safeguards are in place. Due to the nature of VA communications and practices, as well as the various environments in which Veterans receive healthcare or other services from VA, the potential exists for a Veteran’s protected health information or VA sensitive information to be disclosed incidentally.

For example:

· You overhear a healthcare provider’s conversation with another provider or patient even when the conversation is taken place appropriately.

· You may see limited Veteran information on sign-in sheets or white boards within a treating area of the facility.

· Hearing a Veteran’s name being called out for an appointment or when the Veteran is being transported/escorted to and from an appointment.

Safeguards You Must Follow To Secure VA Sensitive Information:

· Secure any VA sensitive information found in unsecured public areas (parking lot, trash can, or vacated area) until information can be given to your supervisor or Privacy Officer. You must report such incidents to your Privacy Officer timely.

· Don’t take VA sensitive information off facilities grounds without VA permission unless the VA information is general public information, i.e., brochures/pamphlets.

· Don’t take pictures using a personal camera without the permission from the Medical Center Director.

· Any protected health information overheard or seen in VA should not be discussed or shared with anyone who does not have a need to know the information in the performance of their official job duties, this includes spouses, employers or colleagues.

· Do not share VA access cards, keys, or codes to enter the facility.

· Immediately report lost or stolen Personal Identity Verification (PIV) or Veteran Health Identification Cards (VHIC), any VA keys or keypad lock codes to your supervisor or VA police.

· Do not use a VA computer using another VA employee’s access and password.

· Do not ask another VA employee to access your own protected health information. You must request this information in writing from the Release of Information section at your facility.

What are the Six Privacy Laws and Statutes Governing VA?

1. Freedom of Information Act (FOIA) compels disclosure of reasonably described VA records or a reasonably segregated portion of the records to any person upon written request unless one or more of the nine exemptions apply.

1. Privacy Act of 1974 provides for the confidentiality of personal information about a living individual who is a United States citizen or an alien lawfully admitted to U.S. and whose information is retrieved by the individual’s name or other unique identifier, e.g. Social Security Number.

1. Health Insurance Portability and Accountability Act (HIPAA) provides for the improvement of the efficiency and effectiveness of health care systems by encouraging the development of health information systems through the establishment of standards and requirements for the electronic transmission, privacy, and security of certain health information.

1. 38 U.S.C. 5701 provides for the confidentiality of all VA patient and claimant information, with special protection for their names and home addresses.

1. 38 U.S.C. 7332 provides for the confidentiality of drug abuse, alcoholism and alcohol abuse, infection with the human immunodeficiency virus (HIV) and sickle cell anemia medical records and health information.

1. 38 U.S.C. 5705 provides for the confidentiality of designated medical-quality assurance documents.

What are the Privacy Rules Concerning Use and Disclosure?

You are not authorized to use or disclose protected health information. In general, VHA personnel may only use information for purposes of treatment, payment or healthcare operations when they have a need-to-know in the course of their official job duties. VHA may only disclose protected health information upon written request by the individual who is the subject of the information or as authorized by law.

How is Privacy Enforced?

There are both civil and criminal penalties, including monetary penalties that may be imposed if a privacy violation has taken place. Any willful negligent or intentional violation of an individual’s privacy by VA personnel, contract staff, volunteers, or others may result in such corrective action as deemed appropriate by VA including the potential loss of employment, contract, or volunteer status.

Know your VA/VHA Privacy Officer and Information Security Officer. These are the individuals to whom you can report any potential violation of protected health information or VA sensitive information, or any other concerns regarding privacy of VA sensitive information.

YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIAL INFORMATION OF OUR VETERANS

Employee Signature Print Name of Contract Agency, if contractor Print Name of VHA Department/Supervisor/Local COR

PROVIDE A COPY OF THIS FORM TO YOUR SUPERVISOR/LOCAL COR

FOR DATA ENTRY INTO TALENT MANAGEMENT SYSTEM

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RECORDS MANAGEMENT OBLIGATIONS

1. APPLICABILITY

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

2. DEFINITIONS

“Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

a. includes Department of Veterans Affairs, Veterans Health Administration records.

b. does not include personal materials.

c. applies to records created, received, or maintained by Contractors pursuant to their Department of Veterans Affairs, Veterans Health Administration contract.

d. may include deliverables and documentation associated with deliverables.

3. REQUIREMENTS

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

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C.