36C25524R0008_1.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)

1. 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.

36C25524R0008 X 11-13-2023 657A4-23-750 Department of Veterans Affairs Network 15 Contracting Office 3450 S. 4th Street Leavenworth KS 66048 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth KS 66048

FITZGERALD,TIM

913-946-1145 THIS PROCUREMENT IS A SERVICE DISABLED VETERAN OWNED SMALL BUSINESS SET-ASIDE ACQUISITION The Department of Veterans Affairs, NCO 15, intends to award a Construction Contract for Project 657A4-23-750

NAICS CODE: 236220

SMALL BUSINESS SIZE: $45.0 Million Magnitude of VA Project: Between $500,000 and $1,000,000.

REQUEST FOR PROPOSAL: 657A4-23-750, Demolish Buildings 3, 4 & 10 The contractor shall furnish all supervision, tools, labor, materials, equipment, transportation, and testing necessary.

Provide all materials and perform work as required by the attach ed drawings and specifications for Project 657A4-23-750 at the Poplar Bluff, MO VA Medical Center. Period of performance is 60 days.

Provide Contractor UEI:__________________________

NOTES:

1) Failure to provide all documentation required by this solicitation may be grounds to deem your offer nonresponsive.

2) The contractor's price must be determined to be Fair and Reasonable IAW FAR 15.002(a).

3.) A single award will be made on Bid It em 1, based on availability of funding.

CLIN 0001 - $

4.) Contractors performing work at this facility are exempt from sales tax as specified on exemption certificate.

project tax exemption certificate (Missouri) will be issued upon NTP.

5.) There will only be one organized pre-proposal site visit on Tuesday, November 21, 2023, CST at 8:00 AM, Contact Mr. Tommy D urrow at virgil.durrow@va.gov or phone 573-429-3895 for coordination.

Contractors are highly encouraged to attend the pre-bid site visit to fully understand their potential responsibility.

All questions shall be submitted in writing to timothy.fitzge rald@va.gov no later than November 22 , 2023.

6.) Proposals must be submitted to the address in block 8 as well as an email copy to timothy.fitzgerald@va.gov.

NOTE: The term offer and bid are interchangeable.

Facility COR: Tommy Durrow 573-429-3895 Contracting Officer: Tim Fitzgerald 913-946-1145, email address:

timothy.fitzgerald@va.gov

X X 52.211-10 X

2:00PM

CST

12-12-2023 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

(See Specification Section 01 00 00 Paragraph 1.3) Price to be submitted on Page 1 of this solicitation

657-3640162-3978-854200-3220 23NRNR001

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 78714 512-460-5545

SUBMIT PROPOSALS THROUGH VENDOR PORTAL

SEND CONFIRMATION E-MAIL AFTER UPLOADING

TO timothy.fitzgerald

@VA.GOV

Tim Fitzgerald

Table of Contents

BID ITEMS – Demolish Buildings 3, 4, and 10

OFFERORS MUST PROVIDE PRICING FOR BID ITEM 1 BELOW:

CLIN 0001 BID ITEM 1,(Base Bid) GENERAL CONSTRUCTION: Work includes, but is not limited to, Buildings 3, 4, and 10 are required to be completely demolished and the area restored to a green space. The complete demolition of existing Buildings 3, 4, and 10 shall include utilities, concrete pads, sidewalks, landscaping features, etc. Hazardous materials shall be disposed of in accordance with VA specifications. Site utilities are to be removed and/or relocated and tied back into their respective existing networks. Sawcut, trench, patch and striping may be required. Disconnect and remove all abandoned circuits and conduits, nothing is to be abandoned in place. Provide conduit and wire as required for continuity of circuits to any existing devices to remain. Contract Completion Time: 60 Calendar Days.

QTY.__________ Price $ _

Page 1 of Page 1 of

STATEMENT OF WORK

36C25524R0008 Page 1 of Page 1 of Statement of Work

657A4-23-750 Demolish Buildings 3, 4, and 10

Scope of Work The Statement of Work is for performance of work associated with Construction Documents for the project 657A4-23-750 Demolish Buildings 3, 4, and 10 at The John J. Pershing VA Medical Center, 1500 North Westwood Blvd Poplar Bluff, Mo 63901 Project description overview.

The contractor shall provide 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, and other provided documents).

Scope items to be included in the work are shown by the Description of Work and Technical Requirements within this Scope of Work.

Description of Work Broken Down Base Bid- Contractor shall review all as-built drawings, current conditions, and specifications to demolish the existing Buildings 3, 4, and 10. Existing building structures should be removed in entirety, abate all hazardous materials, and remove all building utilities and systems. The contractor shall provide all necessary equipment, materials, and labor to finish the area to green space.

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.

· 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.

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

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

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

· Contractor must attend a Pre-Construction meeting with the Contracting Officer, Contracting Officers Representative, the A/E, the Integrated Project Team (IPT Team), and Department Heads of those hospital operations adjacent to the area of construction.

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

· Investigate areas of work to be performed and report to the Contracting Officers Representative (COR) if existing conditions that do not align with the Construction Documents after accessing previously undisturbed areas.

· Any deviation from the Contract Documents will only be allowed with the approval of the Contracting Officers Representative in writing.

· 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 with current and accurate schedule broken down by division of labor and percentage complete.

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:

· 657A4-22-706

· Other Projects and Operations noted in weekly coordination meetings

Submittals, Inspection, and Acceptance

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

· Project Safety Plan

· Demolition Debris management plan

· Environmental Protection Plan

· Project Schedule

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

· Description of each product

· Submittal Drawings and/or Manufacture’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.

The A/E and COR will approve/disapprove Contractor’s 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 covered shall be inspected by the COR prior to covering. All work must be accepted by the COR on behave of the Contracting Officer. Any work that is found to be unacceptable by the COR shall be removed, replaced, or redone.

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.

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 & safety training shall be completed by all contractor personnel prior to the commencement of work.

The Contractor is responsible for meeting with VA Police at the John J. Pershing VAMC to 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 notification with the VA Police 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 Contraction 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 This contract is expected to start upon Notice to Proceed and be completed within 60 Calendar Days of issuance of Notice to Proceed (NTP).

Construction/Design Liquidated Damages

In accordance with 52.211-12, Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,000 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

In accordance with 52.211-13, Time Extensions (Sept 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

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’ 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 sent 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. 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 approval.

Execution The Contractor will perform all work and provide the labor and equipment needed to meet 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.

Location All work associated with this project is to be completed on the main campus of the John J. Pershing VA Medical Center, 1500 North Westwood Blvd, Poplar Bluff, MO 63901.

----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

---End---

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. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. John J. Pershing VA Medical Center and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of John J. Pershing VA Medical Center or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to John J. Pershing VA Medical Center. The agency must report promptly to NARA in accordance with 36 CFR 1230.

e. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to John J. Pershing VA Medical Center’s control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

f. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and John J. Pershing VA Medical Center’s guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

g. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with John J. Pershing VA Medical Center’s policy.

h. The Contractor shall not create or maintain any records containing any non-public John J. Pershing VA Medical Center’s information that are not specifically tied to or authorized by the contract.

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

j. The John J. Pershing VA Medical Center owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which John J. Pershing VA Medical Center shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

k. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

4. FLOWDOWN OF REQUIREMENTS TO SUBCONTRACTORS

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

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

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— November 21, 2023 at 8:00 am

(c) Participants will meet at— Building 5 at the Poplar Bluff VAMC Coordinate with Tommy Durrow at 573-778-4705 or virgil.durrow@va.gov for additional information (End of Provision)

2.3 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be percent of the bid price or , whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.4 PROJECT SPECIFIC INFORMATION

PROJECT SPECIFIC INFORMATION

PROJECT TITLE AND NO: Project 657A4-23-750, Demolish Buildings 3, 4 & 10.

PROJECT LOCATION: Department of Veteran Affairs, John J. Pershing VAMC, Poplar Bluff MO.63901.

NAICS: 236220, Commercial and Institutional Building Construction

SMALL BUSINESS SIZE: $45.0 Million PERFORMANCE PERIOD: The Contractor shall be required to (a) commence work under this contract within 30 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 is 60 Calendar Days The time stated for completion shall include final cleanup of the premises.

SITE VISIT: A site visit will be conducted on: November 21, 2023, 8:00 A.M. CST.

Location: Meet at Building 5 Poplar Bluff VAMC - Contact Tommy Durrow at 573-429-3895, email virgil.durrow@va.gov, Poplar Bluff Veteran Affairs Medical Center (VAMC) 1500 N. Westwood Blvd Poplar Bluff, Missouri 63901.

BID GUARANTEE: A bid guarantee is required in an amount not less than 20 percent of the bid…