36C25722B0001 0005.docx

5. PROJECT NUMBER (if applicable)

CODE

7.

ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF

PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE

OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERE

D CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendmen t, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED

STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF

CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF

SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 756-16-110 Department of Veterans Affairs Network Contracting Office NCO17 2002 Scott Blvd.

Temple TX 76504 Department of Veterans Affairs work Contracting Office NCO17 2002 Scott Blvd.

Temple TX 76504 To all Offerors/Bidders

36C25722B0001

X X X

The purpose of this Amendment is to include FAR clause 52.223-99, and VHA Supplemental Contract Requirements for ensuring adequate COVID-19 Safety Protocols for federal contractors.

STATEMENT OF WORK

1.36 Statement of Work (SOW)

Part I. PROJECT OVERVIEW

1.1 PURPOSE

The purpose of this project is to replace the current electrical underground secondary side at El Paso VA Health Care System (EPVAHCS) main clinic, located at 5001 N. Piedras Street, El Paso, Texas 79930.

1.2 BACKGROUND

William Beaumont Army Medical Center (WBAMC) has relocated from their existing facilities located in 5005 N. Piedras Street, El Paso, Texas 79930 to 18511 Highlander Medics Street, Fort Bliss, Texas 79918. WBAMC shared their former footprint with the EPVAHCS main clinic. The existing electrical infrastructure is owned by the Fort Bliss Utility Provider, Rio Grande Electric Cooperative (RGEC), will have to be decommissioned. The existing electric utility pad mounted transformers serving the EPVAHCS main clinic will be removed from their existing locations and replace with new transformers at a location adjacent to the existing transformers. The new pad mounted transformers, primary conductors and medium voltage switches will be provided by El Paso Electric Company (EPEC). Our project is the follow up of the replacement of the utility transformers. New secondary conductors are to be provided from the transformers to the switchgears located in the Electrical Room D122A, which serves the existing 3000 amp 480/277V 3 phase, 4 wire main switchgear A (MSA) and main switchgear B (MSB). New conduit or a combination of new and existing conduits and hand holes will be used to serve the switchgears with the intent to minimize the switchover time of the service conductors at the MSA and MSB.

Part II. SCOPE OF WORK

2.1 GENERAL

It is the intent of this Scope of Work that a Contractor shall provide construction services for the electrical upgrade secondary side portion of the EPVAHCS main clinic.

This project will provide for construction of utilities services and finishes necessary in the designated locations to allow for the electrical installation. The work shall include, but not limited to, all labor, transportation, materials, apparatus, tools, equipment and permits necessary to provide for the removal of the existing concrete, soil, debris, PVC pipeline, electrical conduit, new installation of electrical rough-in & trim with proper soil compaction and concrete placement along with miscellaneous electrical work such as the relocation of a light pole. Contractor must obtain the excavation permit from Ft. Bliss DPW and complete the required site exploration along with the approval of reports from the VA and Ft. Bliss DPW prior to mobilization.

Existing life safety systems within the Main VA Clinic shall not be impaired at any time during the performance of the work.

WORK SHALL INCLUDE, BUT NOT LIMITED TO:

Contractor to become fully acquainted with existing site conditions for the upgrade of the electrical underground secondary side and the scope of work. Field verifying all electrical circuits and equipment that will be shut down during certain task operations. Also, contractor to review location of where all the heavy civil equipment would be stationed with EPVAHCS Facility Support Service and VA COR. There will be one at least site visit for the project, and attendance is highly encouraged.

The contractor shall furnish all permits, labor, materials, equipment, tools, lifting equipment, infection control, field & management supervision, and all other necessary provisions to upgrade the electrical underground secondary feeder at the EPVAHCS main clinic.

Provide schedule of submittals and construction schedule to be completed before material delivery (if applicable) for the successful installation and operation.

The buildings and the surrounding site areas will be occupied, and Government operations to continue as normal, for the duration of the contract. Contractor shall take all precautions to ensure that operations are conducted in a manner so as not to interfere with the normal operations of all buildings and the surrounding site areas. Contractor shall execute work in a safe manner and shall not subject personnel to unsafe conditions. The Contractor shall provide safety barricades, devices, and equipment to protect personnel and property and repair damage caused by construction operations. Take all precautions to protect the building and its occupants during the construction period.

Disposal of materials removed under this contract will be disposed at an approved disposal site in accordance with all local, state, and federal laws, regulations, and guidelines, and are the contractor’s sole responsibility. The contractor shall adhere to all OSHA requirements concerning removal, transporting, and disposal of the material. Exterior on-site staging WILL NOT be provided on the VA premises except where noted in the drawings or specified by VA COR. Only dumpsters will be allowed for debris removal. Use a covered lock dumpster and label it with the project name and prime contractor information on it. Leaving the dumpster open, the contractor will risk having other contractors or VA staff throwing items into it.

The contractor shall be responsible for obtaining and coordinating the services of all third-party contractors performing other services on site and other entities as part of the contract to ensure the expected quality, timely delivery, and documented final product.

O&M Manuals, As-Built drawings in PDF, as well as in AutoCAD, applicable permits, installation, testing, are also required.

Items of concern to consider: Flexible work hours due to loading dock traffic and equipment.

Normal hours of operation for VA sites are 7:00 AM to 5:00 PM Monday through Friday except for Federal Holidays.

Due to the nature of EPVAHCS operations, contractor hours of operation are 7:00 AM to 12:00 AM Monday through Sunday except for Federal Holidays. If the Contractor desires to work on holidays, or outside the project site’s normal working hours the contractor must submit a written request for approval to the VA-COR at least five (5) working days prior to the proposed start of such work.

Division 01: General Requirements

· Attend a pre-construction meeting and periodic progress meetings. EPVA Safety Department may conduct the pre-construction risk assessment at that meeting.

· Coordinate a kickoff meeting at the Site or on a conference call to review the scope of work content and finalize the schedule for the duration of the work.

· Project management and full-time construction supervision services at the Site during production of the scope of work.

· EPVAHCS is a tobacco free medical campus.

· Contractor must abide by safety and environmental requirements for VA ambulatory & health care operations including but not limited to specification 01 35 26 for temporary barricading, dust control, fire prevention, etc.

· Maintain the Site clean and safe condition in compliance with applicable OSHA and VA regulations.

· Coordinate the delivery and storage of the Work materials with VA COR.

· Power and other utilities occurring during standard work hours must be coordinated with VA Contractor Officer’s Representative (COR).

· Work to comply with applicable building codes, rules, and regulations enacted by all the VA, Federal, State and Local where the Site is located.

· Retain a set of design drawings at the Site and redline those drawings to indicate any deviations made from the requirements indicated in those drawings during the production of the work.

· Provide sample of finish materials such as paint to VA COR for selection of the color/pattern of those finishes prior to installation.

· 01 32 16 Part 15 – Project Schedule: VA COR Basic Schedule

· This project is divided into three phases: Pre-construction, construction, and close-out.

· Pre-construction (Six Months):

· Step 1: Obtain excavation permit. VA to assist, but contractor is responsible.

· Step 2: Conduct site exploratory to determine soil samples and how close is diesel tank from existing sidewalk and curve

· Step 3: Submit report to EPVA. EPVA reviews, comments, and approves report. EPVA submits approved report to Ft. Bliss DPW. Ft. Bliss DPW reviews, comments, and approves report. Ft. Bliss DPW sends back approved report to EPVA and Contractor.

· Step 4: Submit Accident Prevention Plan, Activity Hazard Analysis, Infection Control Risk Assessment, Construction Quality Control Plan, Concrete Mix Design, Concrete steel drawings, HVAC Shop Drawings, Underground Electrical Shop Drawings & Certifications, Commissioning Plan, Refrigerant Piping Shop Drawings, Grading Plan and Personnel Resumes to EPVA. EPVA reviews, comments, and approves report. EPVA submits approved reports to Ft. Bliss DPW. Ft. Bliss DPW sends back approved report to EPVA and Contractor.

· Step 5: Send submittals for all work-related items such as all electrical (raceway, boxes, conductor, cables, etc.), HVAC, civil, etc., to EPVA. EPVA reviews, comments, and approves submittals.

· Step 6: Contractor sends their initial construction schedule to EPVA. EPVA reviews, comments, and approves construction schedule. EPVA submits approved initial construction schedule to Ft. Bliss DPW. Ft. Bliss DPW sends it back approved initial construction schedule to EPVA and Contractor.

· Construction (5 Months):

· Step 1: Conduct mobilization 15 calendar days after received excavation permit and approved site exploration report.

· Step 2: Contractor sends their updated construction schedule to EPVA. EPVA reviews, comments, and approves updated construction schedule. EPVA submits approved updated construction schedule to Ft. Bliss DPW. Ft. Bliss DPW sends it back approved updated construction schedule to EPVA and Contractor.

· Close-out (1 Month):

· Step 1: Submit all pass commissioning reports, final inspections and complete punch-list items, O&M manuals, As-builts, etc. to EPVA. EPVA reviews, comments, and approves close out documents.

· Step 2: Project completion.

Division 02: Existing Conditions

· Remove existing concrete as required

· Remove existing electrical as required

Division 03: Concrete

· Provide reinforced concrete foundations and miscellaneous items

· Provide anchor bolts for light poles

· Red dye concrete for electrical duct banks

· Grout finishes and concrete patching for manholes

· Patch of existing concrete paving and curves at excavated trenches

Division 05: Metals

· Provide necessary rebar for concrete paving and curves at excavated trenches

Division 23: Heating, Ventilating, and Air Conditioning

· Remove existing 208V condensing unit and replace it with a new 480V condensing unit. Also, replace existing fan coil unit and associated electrical and HVAC piping

· Furnish and install new condensing unit on roof

· Furnish and install new wall mounted fan coil unit

Division 26: Electrical

· Remove and relocate existing light pole

· Furnish and install copper electrical conductors

· Provide 4-inch PVC conduits for electrical conductors per drawings

· Conduct appropriate insulation resistance test

· Conduct commissioning of electrical installation by NEC, NFPA and VA standards

· Provide necessary supports for electrical 4-inch diameter PVC conduits

Division 31: Sitework

· Obtain excavation permit prior to conducting site exploratory

· Conduct site exploratory and provide report prior to mobilization. Locate all underground utilities and equipment infrastructure

· Hand excavation for duct banks

· Select fill type of soil for backfill per specifications

· Haul off existing excavated fill

· Submit traffic control plan for VA and Ft. Bliss DPW approval

· Any open trench shall be cover with heavy duty traffic plates with heavy duty concrete barricades.

· No open trenches allowed.

Division 32: Site Improvements

· Patching of existing concrete paving at excavated trenches

Division 33: Site Utilities

· Excavate for manholes, duct banks and equipment pads

· Foil detectable tape and red dye in concrete

· Install appropriate Manholes for heavy truck traffic

· Install electrical underground four-inch diameter PVC conduits

2.2 DESCRIPTION OF WORK

A. Existing Conditions

a. All conversations the Contractor will have with Ft. Bliss DPW must go through VA COR first. Also, it must be following the design primary power, secondary side drawings dated March 31, 2021.

b. Contractor will coordinate all work with the applicable specifications and dimensions set forth in the Work Drawings. In case of a request for information (RFI), submit questions to VA COR first. VA COR to coordinate between designer and contractor.

c. Contractor shall be responsible for complying with ALL construction documents and applicable Department of Veterans Affairs Master Specifications as part of this project. Specifications, Designs, Procedures, Standards, etc. can be found at https://www.cfm.va.gov/til/dManual.asp, and/or https://www.cfm.va.gov/til/index.asp.

d. Contractor must also comply with all applicable city, county, state, and federal regulations / codes and applicable OSHA standards regarding this project. Construction shall also comply with Pre-Construction Risk Assessment (PCRA) and the Infection Control Risk Assessment (ICRA), see the COR.

e. On-site staging to be coordinated with the VA COR and the El Paso VA FSS group in/on VA premises.

f. There will be contractor parking to be coordinated with the VA COR and the El Paso VA FSS group in/on VA premises.

g. The Contractor assumes all liability risks for work performed under this contract. The Contractor shall assume total liability for all contract employees. The contractor shall perform to the standards of the contract.

h. Demolition and renovation shall take place with minimal disruption to adjacent workspaces.

i. Demolition debris shall be recycled to the best ability of the contractor. Reports of weight and deposition of all waste are to accompany the monthly progress payments

j. Any item damaged during removal is the contractor’s responsibility to replace with no additional cost to the government.

k. All work shall be in accordance with VA specifications. All costs shall be included in the base bid. All work shall be coordinated with the VA COR prior to any demolition work being performed.

B. Additional Requirements

a. General Construction Requirements: All construction and installation work shall comply with VA specifications for material and workmanship, NEC, NFPA and all applicable city, county, state, and federal regulations and codes and OSHA standards.

b. Infection Control (IC) and Safety: All contractors, construction workers and COR’s must attend the Infection Prevention training every fiscal year. All construction workers shall have a current IC training sticker attached to their badges at all times. If this requirement is not met, workers will be removed from construction site.

Construction sign and copy of IC permit, provided by the COR shall be posted at project site at all times. All IC and dust control measures shall be implemented at all times.

All fire and smoke wall penetrations shall be fireproofed according to corresponding wall rating. These shall be through a sleeve and sealed with fire barrier compound to be approved by VA.

c. OSHA 10 & 30 -Hour Training Course: All construction workers are required to have the OSHA 10-hour Construction Safety training certification. The construction safety manager and/or superintendent shall have the 30-hour Construction Safety course certification. Proof of certification to be on site at all times. Prior to starting work, the General Contractor shall provide proof that an OSHA certified “competent person” (CP) (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the General Contractor or subcontractors are present and working.

d. COVID-19 & Tuberculosis (TB): Contractor is responsible for ensuring that if contracted construction worker(s) have been determined to be at risk for transmission of TB based upon the TB pre-construction risk assessment. Then the contractor must provide written certification, within 24 hours upon request, to the COR that all contract employees assigned to the work site have had a pre-placement tuberculin screening within 90 days prior to assignment to the work site and been found to be free of active TB.

e. Housekeeping: Accumulation of trash, paper, wood shavings, sawdust, excelsior, boxes, and other packing materials will be cleaned up as often as necessary and at the end of each work day.

f. False Alarms: Fire Department response fees for false alarms caused by the contractor will be paid by the contractor. To avoid this, dust covers for smoke detectors and alarms are required to be used while construction work is ongoing. These covers will be removed at the end of the construction work shift, and/or at the end of each workday to keep them operational.

g. Fire Watch: Provide fire watch for impairments more than 4 hours in a 24-hour period. Request interruptions in accordance with COR and facility safety officer. All existing or temporary fire protection systems (fire alarms, sprinklers) located in construction areas shall be tested as coordinated with the medical center. Parameters for the testing and results of any tests performed shall be recorded by the medical center and copies provided to the COR.

h. Smoking is strictly prohibited in all this facility

i. Security: All employees of the general contractor and the subcontractors shall comply with VA security management. All employees are to obtain construction employee identification badges before they start work. Contractors will always wear security badges in plain sight above the waist. Contractors found without a badge will be immediately removed from VA property by VA Police. All employees are restricted from unauthorized access.

j. Parking: Contractor vehicles found parked in VA parking lots will be issued a United States District Court Violation Notice and immediately removed and banned from VA property.

k. General: All incidental work associated with the installation and construction works in the exterior and interior of the building shall be included in the base bid.

l. IT: All IT installation shall be PANDUIT certified. The C&A requirements do not apply, and that a Security Accreditation Package is not required for this project.

m. Scheduling: Conduct work as to interfere as least as possible with facility operations. All coordination for utilities shutdown shall be coordinated at least 10 days prior to event with VA COR. For major utility system shutdowns, coordination shall be done at least 15 days in advance.

2.3 OTHER DELIVERABLES

A. Period of Performance: 365 calendar days after Notice to Proceed.

B. Contractor Quality Control Plan (CQCP): The contractor shall develop a quality control plan and shall furnish to VA for review no later than 20 business days after the receipt of notice to proceed. The plan shall identify personnel, procedures, control, instructions, tests, records, and forms to be used. VA will consider an interim plan for the first 20 business days of operation. Installation will be allowed to begin only after acceptance of the CQCP or acceptance of an interim plan applicable to the particular feature of the work to be started. Work outside of the features of the work included in an accepted interim plan will not be permitted to begin until acceptance of a CQCP or another interim plan containing the additional features of the work to be started. After acceptance of the CQCP, the Contractor shall notify the Contracting Officer Representative (COR) and the Contracting Officer (CO) in writing of any proposed changes. Proposed changes are subject to acceptance by the Contracting Officer.

C. Safety Plan: Contractor shall develop and implement a Comprehensive safety plan to eliminate injuries occurring relative to providing the design and installation services for this project. Contractor shall furnish to VA for review no later than 10 business days after the receipt of notice to proceed. The plan shall also describe how final system installation will meet all applicable requirements of NFPA and OEM standards. Construction/Renovation work will be allowed to begin only after VA’s acceptance of the Safety Plan. Contractor is responsible for providing enough project lead time to allow for VA review of Safety Plan before acceptance. Deficiencies in the submitted safety plan will be brought to the attention of the contractor within 14 business days of submittal, and the contractor shall revise the plan to correct deficiencies and re-submit it for acceptance. Do not begin work until there is an accepted safety plan. In addition, any Contractor that performs construction type work on any VA project as defined by the Scope is required to; (1) Provide and maintain his/her own protective equipment and devices, etc.; and (2) Require all sub-contractors used on site to follow these same provisions in the regulation.

D. Progress Reports: Shall be submitted electronically every week to the Contracting Officers Representative (COR) and Contracting Officer (CO) and address, at a minimum, the status of deliverables, project schedule, price, and technical performance as they relate to the planned and actual work performed during the past one weeks, work planned for the following three weeks and address any open critical issues.

E. Three-Week Construction Schedule: Along with long-term project scheduling updates, and weekly reports/updates, the contractor shall develop a three-week construction schedule of events and provide this schedule weekly to the VA COR.

F. Weekly Meetings: Contractors shall meet VA COR/team on-site during the work week to discuss installation status, coordinate efforts, discuss upcoming outages etc. GC and VA COR shall come to agreement upon which day during the work week will work for both parties to conduct a meeting and select a time.

G. Daily Inspection Report: Contractor shall provide and develop a daily inspection report that will include a narrative of the work performed for that workday and include a list of personnel on site with their perspective crafts and hours worked. For additional requirements, refer to VAAR 852.236-79. Contractor shall input all corresponding dailies and send to VA COR prior to each payment acceptance period.

H. Permits: Contractor shall submit all permits associated with this project to the COR. This shall include permits necessary with Fort Bliss DPW and local Fire departments. The contractor shall be responsible for coordination with these offices.

I. Operations and Maintenance Manuals (O&M): The Contractor shall provide three (3) complete sets of O&M manuals including a recommended spare parts list identifying components adequate for competitive supply procurement for operation and maintenance of the system. The O&M Manuals shall include maintenance and inspection for all equipment. A three-ring binder containing all the O&M and electronic files on CD-ROM shall be provided within the binder.

J. Operations and Maintenance Training: The Contractor shall provide on-site O&M training for the location consisting of two (2) formal on-site training sessions during a 30-day period to including but not limited to system operation, corrective and preventive maintenance and inspections.

O. Submittals CD: As part of the closeout documentation, the contractor shall provide the COR, 2 CDs containing all the approved submittals.

P. Warranty: Contractor shall provide a minimum one (1) year warranty, unless specified otherwise in the specs, from both the manufacturer and installer including parts and labor to include normal, premium or holidays hours. The Warranty period shall start on the date of Substantial Completion.

2.4 ACCEPTANCE

A. For the purposes of Warranty and payment for the work performed at a location, government “Acceptance” will be provided by the VA upon the completion of all the following:

a. The Contractor has demonstrated/ verified that the punch list items identified have been resolved.

b. The Contractor has provided O&M manuals (hard copies & electronic).

c. The Contractor has provided As-built redlines, as well as the AutoCAD files.

2.5 CONFIDENTIALITY AND NONDISCLOSURE

A. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which has been generated by the contractor in the performance of this Order are the exclusive property of the U.S. Government and shall be submitted to the COR at the conclusion of the contract.

B. The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract presented to the contractor shall be submitted to the CO for response.

C. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

D. To the extent that the work under this contract requires that the contractor be given access to proprietary business, technical or financial information belonging to the Government or other companies, the contractor shall treat such information as proprietary business sensitive and agrees not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the CO in writing. A mutually agreed to agreement for exchange of sensitive information or nondisclosure agreement may be required.

E. General Requirements for Privacy Information:

· Information Systems Officer, Information Protection: The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units shall remain in VA control and shall not be removed from VA custody.

· Privacy Officer: The contractor will not have access to Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage device, such as hard drives, solid state drives and non-volatile memory units shall remain in VA control and shall not be removed from VA custody.

i. If the contractor needs access to PII and PHI information from the VA, contractor is required to take the following trainings:

1. VA 10176 – VA Privacy and Information Security Awareness Training and Rules of Behavior

2. VA 10203 – Privacy and HIPAA Focused Training

3. VA 3185966 – VHA Mandatory Training for Trainees

4. VA 3192008 – VHA Mandatory Training for Trainees - Refresher

· Records Manager: There will be no federal records created, maintained, used or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.]. If contractor requires to create a federal record, it must follow VA records clauses below:

· All records (administrative and program specific) created during the period of the contract belong to EL Paso Veterans Affairs Health Care System (ELPVAHCS) and must be returned to EL Paso Veterans Affairs Health Care System (ELPVAHCS) at the end of the contract or destroyed in accordance to the VHA Record Control Schedule (RCS)10-1.

· 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.

· 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.

· 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.

· ELPVAHCS 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 ELPVAHCS 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 ELPVAHCS records officer. The agency must report promptly to NARA in accordance with 36 CFR 1230.

· 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. 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 ELPVAHCS 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 vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

· 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 ELPVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

· The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with ELPVAHCS policy.

· The Contractor shall not create or maintain any records containing any non-public ELPVAHCS information that are not specifically tied to or authorized by the contract.

· 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.

· The ELPVAHCS 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 [Agency] 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.

A. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors as shown below is hereby incorporated into the scope of work for the subject contract.

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

4. For indefinite delivery contracts: Contractor agrees to comply with FAR 52.232-99 and VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

B. All other terms and conditions remain unchanged.

The Contractor hereby releases, waives, and discharges the Government from any and all liabilities (direct or indirect), obligations, claims, appeals, demands and requests for equitable adjustment (absent fraud), administrative or judicial, legal or equitable, arising out of, or related to this modification. In consideration of this modification, agreed to herein as a complete equitable adjustment of the contactor’s proposal arising under or related to the change(s) identified above, the contractor hereby releases the Government from any and all liability under this contract for further adjustment attributed to the contactor’s proposal. All other terms and conditions remain in full force and effect.

A.1 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)