36C25520R0009-002.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 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.

36C25520R0009 X 01-13-2020 657A4-17-905 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 Mike Bottary 913-946-1142

PROJECT

DESCRIPTION:The Department of Veterans Affairs, NCO15, intends to award Project 657A4-17-905 Replace UST Remove and Replace Underground Storage Tanks at the Poplar Bluff VAMC 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 Federal Acquisition Regulation FAR 15.101-2, Best Value Lowest Price Technically Acceptable (LPTA) source selection process.

NOTE: The term offer and bid are interchangeable for this solicitation.

Estimate of the construction magnitude for this project is between $2 to $5 MILLION.

There will be one site visit for this project on January 28, 2020 at 11:00 am CT. PBVA 1500 N. Westwood BLVD.

Poplar Bluff, MO 63901, Building 8. Offerors are highly encouraged to attend.

Submit questions pertaining to this project by February 06, 2020 by 2:00 PM CDT to michael.bottary@va.gov.

PROVIDE CONTRACTOR DUNS NUMBER:________________________.

Contractors working on this project are exempt from state sales tax and a project exemption certificate will be issued upon award of contract.

**HAND DELIVERED OR MAILED PROPOSALS MUST BE DELIVERED TO: DEPARTMENT OF VETERAN AFFAIRS, NCO 15 ATTENTION: Mike Bottary, (913)946-1142, 3450 S. 4th STREET, LEAVENWORTH, KANSAS 66048.

A single award will be made on Bid Item 1.

All contractors and joint ventures must be registered in SAM and CVE certified by the proposal due date in order to be eligable 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 preceeding fiscal yearunder Title 38 Section 4212(d).

The period of performance is 270 calendar days after the Notice to Proceed.

Specification Section 01 00 00 for periods of performance for respective bid items.

x x 52.211-10 X Zero 2:00 pm CST 02-26-2020 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

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 36C255 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

BID ITEMS

SEE SPECIFICATION 01 00 00 FOR BID ITEM DESCRIPTIONS

A. Bid Item No. 1:

The contractor shall provide professional design documents, construction period services, demolition, installation and environmental compliance oversite for the removal and replacement of the Underground Storage Tanks (USTs), associated with the Building 7 Boilers and Building 7 Generator for a 100% functional product.

Period of Performance is 270 Calendar Days from NTP.

All requirements are provided in the statement of work.

Table of Contents

A.3 PROJECT SPECIFIC INFORMATION

PROJECT SPECIFIC INFORMATION

PROJECT TITLE AND NO: 657A4-17-905 Replace Underground Storage Tanks PROJECT LOCATION: John J. Pershing Veteran Affairs Medical Center (JJPVAMC) 1500 N Westwood Blvd Poplar Bluff, Missouri 63901.

MAGNITUDE OF PROJECT: $2,000,000 and $5,000,000 (VAAR 836.204)

TYPE CONSTRUCTION:

- NAICS: 236220, General Construction

- Small Business Size: $39.5 Million PERFORMANCE PERIOD: The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than the performance schedule listed below:

The Period of Performance for each bid item is 270 Calendar Days after Notice of Proceed.

The time stated for completion shall include final cleanup of the premises.

SITE VISIT: A site visit will be conducted on: Wednesday January 29,2020 at 10:00am CT. Location: Meet at the John J. Pershing Veteran Affairs Medical Center, Bldg. 8, 1500 N. Westwood BLVD. Poplar Bluff, MO 63901.

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 a photocopy of the original required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. Bidders shall provide an original bid guarantee within two business days after notification by the Contracting Officer.

PERFORMANCE & PAYMENT BONDS: In accordance with FAR 28.102-1 and Contract Clause 52.228-15, Contractors are reminded that any amount awarded over $30,000 shall require Payment Protection (Bonds) (See Clause 52.228-13), and awards exceeding $150,000 shall require both Payment and Performance Bonds. All bonds are due no later than 10 days after award.

AFFIRMATIVE ACTION GOALS AND GEOGRAPHICAL AREA (reference 52.222-23):

Goals for Female Participate for each trade __6.9__% Goals for Minority Participation for each trade __11.4__% The Geographical covered area for this solicitation (project) is Poplar Bluff, Missouri.

LIQUIDATED DAMAGES: (_) YES or (_X_) NO (reference Contract Clause 52.211-12) Amount Per Day: ___NA___WARRANTY OF CONSTRUCTION FOR GUARANTEE PERIOD SERVICES: () YES or (X) NO (reference VAAR 852.246-75).

RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS: ( ) YES or (X) NO (reference VAAR 852.236-90) Description: ____NA__________________________________________ METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch/pound units, providing they fall within tolerances specified using conversion tables contained in the latest revision of Federal Standard NO. 376B, and all other requirements of this document are met. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch/pound units, a request should be made to the contracting officer to determine if the product is acceptable. The contracting officer, in concert with the Contracting Officer’s Technical Representative, will accept or reject the product.

WAGE DETERMINATION APPLICABLE TO THIS PROJECT:

General Decision Number: MO20200004 01/03/2020 Submit questions pertaining to this project by February 06, 2020 by 2:00 PM CT to michael.bottary@va.gov.

PROPOSAL DUE DATE: February 26, 2020 - 2:00 PM CT

PROPOSAL SUBMITTAL CONTENTS SHALL INCLUDE:

- Signed copy of the SF1442 (front and back) with amendments

- Volume I Technical Proposal

- Volume II Price Proposal

- 5.2029-5 REPRESENTATION BY COPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (MARCH 2012)

- Calculation Worksheet for Self-Performed and Subcontracted Work

- Contractor Certification Regarding Safety and Environmental

- Bid Bond (Photo Copy)

- Any other information called out by this request for proposal documents

BASIS FOR AWARD: Award will be made to the responsive offeror based on the Lowest Price Technically Acceptable proposal (FAR 15.101-2). The Government intends to evaluate proposals and make award without discussions with offerors, except clarifications as described in FAR 15.306(a). The VA reserves the right to conduct discussions if the Contracting Officer later determines necessary.

SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE:

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years..

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

SECURITY REQURIEMENTS:

For non-PIV and full PIV badges, contractors must meet HSPD-12 requirements. Station is responsible for all additional costs associated with this non-PIV/PIV badging requirements. Contractor backgrounds are required to be processed through the CO to the VHA Service Center.

36C25520R0009 The COR is required to either escort or arrange escorts for un-cleared contractor personnel while on the premises performing work under the contract during non-business hours. The escort has to be a government official i.e. VA employee.

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Statement of Work 657A4-17-905 Remove / Replace Underground Storage Tanks Scope of Work This Statement of Work is for performance of work associated with Underground Storage Tanks for project 657A4-17-905.

A walkthrough will be held on site. Lack of attendance or omission of questions at the walkthrough shall not be subject to modification due to site conditions or details.

The contractor shall provide all services, materials, labor, supervision, safety, equipment, and expertise for items described in this document. Work is subject to IBC, IPC, RP8 (seismic), NFPA, IEEE, NETA/NECA, UL, ASTM, ASHRAE, MDNR, EPA and other similar applicable standards. The State of Missouri regulations are applicable and strictly enforced: https://dnr.mo.gov/env/hwp/ustchanges.htm. Upon completion, documentation/narrative is required from the contractor that all compliance has been achieved. The VHA Boiler Plant Directive 1810, most current edition, shall be the basis of requirements. All supporting Owner Project Requirements (OPR) and Basis of Design (BOD) documents are posted publicly on VHA’s Technical Information Library (TIL).

Any deviations in required work items from this SOW shall come in the form of an RFI. The VA shall provide the Final Response for any approval or denial. The Contracting Officer (CO) is the only entity that can approve changes that impact the Scope of Work and Contract Cost. Any contractual changes shall be provided in writing from the CO.

The contractor shall provide removal and replacement of the Underground Storage Tanks (USTs), associated with the Building 7 Boilers and Building 7 Generator for a 100% functional product.

The contractor shall provide the following deliverables for shop drawings:

1) Provide as-built Drawings indicating complete system connections and equipment layouts.

2) The contractor shall review archive drawings on station as necessary to facilitate as-built Drawing documents.

The contractor provided construction deliverables are:

1) Remove existing Fuel Oil System entirely, less boiler fuel oil train. Demolition of pumps, piping, tanks, and all associated power / controls for the fuel oil system. Removal of the Building 7 Generator UST back to day tank interior connection.

2) Provide a cost per cubic yard for hazardous material removal, with adherence to the State of Missouri (MDNR) and Federal (EPA) regulations. Unknown/unforeseen quantities of contamination shall be assessed upon discovery. A modification will be issued after severity, quantities, and other salient characteristics are documented and proposed to the COR and CO. Contractor shall be responsible for any and all clean up, remediation, and removal from site of any contaminated or hazardous material. Modification pricing will be based upon the base bid cost per cubic yard with the determined quantity.

3) Install Missouri Department of Natural Resources / EPA Compliant / NFPA 30 - Underground Storage Tanks. The capacity of the tank(s) shall, at minimum, be sized for the fuel burn rate of the boilers in this project with mandatory self-sustaining peak heating day loading per VHA Boiler Plant Directive 1810 with an additional 10,000-gal capacity for storage of emergency preparedness generator fuel. The building 7 generator tank shall be sized for 96-hour, 100% loaded, run time per NFPA 110/101.

4) USTs and piping shall have all controls, fuel management, leak detection, fuel quality, level indication, filtration systems, and all other applicable required systems to provide a 100% functional system and delivery of fuel to Boilers and Generator at specified burn rates; coordinate with manufacturer and installing contractors as necessary. Veeder-Root or equal system. The contractor shall provide all IT hardware and software as required for a functional system. The system shall print reports, integrate to BAS, have audible alarm, and remotely notify staff.

5) N+1 redundant Fuel Oil Pumps and all associated items shall be on emergency power with filtration and isolation capabilities. The pumps shall be connected to a manifold with cross feed capabilities for fuel treatment introduction, fuel transfer between tanks, and fuel transfer to an external connection. The pumps shall be installed with spill protection provisions. The pumps shall be balanced for correct burner fuel delivery.

6) Provide Natural Gas Valve power on dedicated circuit. Provide TVSS in panel the valve is fed from.

7) Repair / replace impacted parking lot, curb, gutter, storm drainage to include any damage during construction. This shall take into consideration the VHA Physical Security Design manual requirements published on the TIL.

8) Provide compliant pipe trench in Building 7 for Fuel Oil Piping / drain requirements / oil water separator requirements and removal of lead paint on trench covers. Remove/demolish abandoned boiler tertiary system tanks to allow for space if required. Coordinate final location with COR as necessary.

9) Provide training and literature to operations staff of new systems.

10) Provide registrations of USTs with MDNR / EPA as required.

11) Provide appropriate fuel to “full” levels in all tanks. Coordinate with Medical Center COR.

All NEC/NFPA/MDNR/EPA and other applicable healthcare facility codes referred to in specification or VHA Publications such as VHA Directive 1028 / 1810 and Electrical / Mechanical / Plumbing Physical Security 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 applicable publications.

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.

Other Requirements

· 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 incurred adjacent to the work area will be repaired by the contractor at no cost to the Government.

· 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.

· 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 relevant to the schedule of values.

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

· Provide submittals in accordance with Division 01 Master Specifications for all materials prior to installation. Additional submittals may be required at the request of the Contracting Officer or COR. A comparison of products for QA/QC may be requested by the COR and CO. The A/E or 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 request, in writing, for additional time from the COR.

· The COR will provide 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 shall 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.

· 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.

· Provide a 1-year warranty on all items within scope.

· Provide temporary Fuel Oil storage on site for 1 boiler in an emergency. Coordinate with facility for connection. Polish existing fuel oil to be retained and store temporarily.

Existing Conditions

The Contractor shall verify all areas requiring work as stated in 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:

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· 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

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Page 1 of Page 1 of Page 1 of Safety/Infection Control/Security The Contractor is 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. The Contractor shall provide an OSHA certified Competent Person 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 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. Contractors shall participate in TB testing and Flu vaccinations prior to commencement of work. Reference VHA Directive 1192.

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.

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 retest or 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 270 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.

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.

The Government has first right of refusal. The contractor shall relocate items retained by the Government for storage.

Execution The Contractor will perform all work and provide the labor and equipment needed to meet deliverables within this Statement of Work. 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.

Attachments/References

1) Missouri Department of Natural Resources: https://dnr.mo.gov/env/hwp/docs/MissouriMustsforUSTs.pdf

2) VA CEOSH (Internal) VHA Directive 1810: http://vaww.ceosh.med.va.gov/01HE/02HE_SpecificTopics/03HE_BoilerPlants/04HE_VA_Policies_DUSHOMItems/VHA%20Directive_1810%20BOILER%20AND%20BOILER%20PLANT%20OPERATIONS_2017-02-06.pdf

3) VHA Technical Information Library: https://www.cfm.va.gov/til/

----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.

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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.

1. 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.

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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…