36C25726B0004_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)

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.

36C25726B0004 X 07-30-2026

TBD

TBD

671-24-004 Department of Veterans Affairs Network Contracting Office NCO17 1901 Veterans Memorial Dr. Building #171 Temple

TX

76504 Department of Veterans Affairs Network Contracting Office NCO17 1901 Veterans Memorial Dr. Building 171 Temple

TX

76504 Eileen Myers 254-987-0201

This is a competitive Invitation for BID (IFB) 100% Services Disabled Veteran Owned Small Business (SDVOSB) set-aside.

Acquisition Title: Replace 2nd Floor Roof, Project No. 671-24-004.

Contractor shall provide all necessary labor, supervision, materials, and equipment, to complete all required project work in accordance with the Statement of Work (SOW), specifications, and drawings.

NAICS code is 238160 Roofing Contractors. PSC: Z2DA, Repair of alteration of hospitals and infirmaries.

Construction Magnitude: $5,000,000 and 10,000,000 IAW VAAR 836.204(g).

In accordance with FAR 28.102-1(a) Performance and payment bonds are required.

Place of Performance: STVHCS 7400 Merton Minter Blvd. San Antonio, TX 78229.

Pre-Bid site visit: August 11, 2026, at 10:00AM CDT. All interested bidders shall meet in the front lobby of the main hospital at 7400 Merton Minter Blvd. San Antonio, TX. POC is Roderick Thomas.

RFI(s)/Questions Due: August 14, 2026, by 10:00 AM CDT. All RFI/Questions shall be submitted in WORD format and emailed to Eileen.Myers@va.gov. and Rhonda.Richardson5@va.gov.

Bids Due: Submit via email to Eileen.Myers@va.gov. and Rhonda.Richardson5@va.gov. by date and time stated in Block 13A.

NOTE: Please follow all instructions to offerors on the following pages or your proposal could be deemed nonresponsive.

The public bid opening shall be an electronic public bid opening. Bid Abstracts will be available on request.

Awardees will be required to provide a Superintendent at all times work is being performed on the project in accordance with FAR clause 52.236-6. The Superintendent is considered a key position and SHALL NOT be a subcontracted and must work directly for the prime contractor.

X X X

10AM

CDT

08-31-2026 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

Department of Veterans Affairs Network Contracting Office NCO17 1901 Veterans Memorial Dr. Building 171 Temple

TX

76504 This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 Rhonda Richardson Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor is to furnish all materials, labor, tools, equipment, transportation, and all other incidentals necessary to complete the work as required by the Statement of Work (SOW), and attached drawings and specifications for Project 671-24-004 NRM Replace 2nd Floor Roof, located at STVHCS 7400 Merton Minter Blvd. San Antonio, TX.

PRINCIPAL NAICS CODE: 238160 - Roofing Contractors PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

Cost of Performance and Payment Bonds

STATEMENT OF WORK

Replace 2nd Floor Roof - Construction South Texas Veterans Health Care System (STVHCS) Audie L. Murphy Medical Division Project No. 671-24-004

1.0 SCOPE OF WORK: The contractor is to furnish all materials, labor, tools, equipment, transportation, and all other incidentals necessary to complete the work outlined in this Statement of Work (SOW) and to turn over to the Government a complete reclaimed/established area and usable roof system.

2.0 GENERAL: It is recommended that all interested contractors attend the site visit. The Contractor must perform a site utility locate prior to demoing any roof materials, and will be unable to proceed with demo until this has been accomplished. The contractor is required to attend a Pre-Construction Conference after contract is awarded and prior to issuance of the notice to proceed. The Government will notify the contractor when this conference will be held. Due to the demand for parking on site the VA does not typically provide a laydown area but due to the scope of this work and it being throughout the campus; the VA will determine a laydown yard for contractor construction equipment and materials. The contractor will be allowed to store materials in this location at their own risk. They should secure their laydown area at the end of each day. It will be the responsibility of the Contractor to protect, remove and repair any damaged items that are not included in the contract; that receive damage as a result of the work being performed. Daily clean up and maintenance of the job site shall also be the responsibility of the Contractor. Contractor should ensure coverage or closure of their dumpster to avoid it being filled with debris by others. All construction materials and equipment shall be secured at the end of each workday by the Contractor as the Government will not be responsible for any damages to equipment or materials left unsecured by the Contractor. Unauthorized access to any area other than the work area is strictly prohibited. Job site safety shall comply with and to all latest OSHA standards. In the event historical or archeological items are found the Contractor shall immediately contact the Contracting Officer and wait for direction on how to proceed.

3.0 DEMO: The purpose of this project is to provide all labor, equipment and materials to replace existing 2nd Floor Roof. This will include, but is not limited to, vapor barrier, insulation and tapered insulation, built-up roof plies, coverboard and cap sheet. The Contractor shall haul demoed items off site when their dumpster is full. All environmental regulations should be followed by the contractor during the course of this contract in accordance with Federal Government standards and policies when working on a federally government owned property.

4.0 EXTERIOR ROOF AND REPAIR: Along with demo, the Contractor shall be responsible for installation of a new vapor barrier, insulation and tapered insulation, built-up roof plies, coverboard and cap sheet returning the roof to a complete reclaimed/established area, acceptable by the VA. New conduit, for any existing wiring shall be provided in accordance with the A-E’s drawings and specs. The full project scope includes the A-E’s base-bid and all add-alternates to include:

1. Penthouse Roof System Replacement

2. Replace Equipment Curbs

3. Replace Existing Treated Nailer Blocking

4. Replace Existing Metal Fascia The contractor shall provide as-builts of the area to show work as actually installed in accordance with the A-E’s Design.

5.0 EXISTING CONDITIONS: Current roofing is old and is experiencing leaks in different areas. Patch jobs have taken place as a temporary fix but an overall replacement of the entire roof is past due.

6.0 SUBMITTALS: The Contractor shall provide required submittals as indicated on Schedule of Material Submittals (SMS). The Contractor shall submit to the COR an approved location for refuse dumping and manifest a for hazardous materials for review and approval by VA Safety Office before removal from campus. A list of equipment to be used (crane, hoist, trash chute etc.) shall also be submitted as part of the SMS. Furthermore, the Contractor must provide specifications and product information for roofing materials.

As-built drawings (redlines) indicating the locations of new roofing, solar panel brackets, and any replaced or rerouted conduit should also be included in the SMS. shall also be listed on the SMS. Additionally, the Contractor must provide materials, schedules, and test results for Government review. The contractor shall provide the number of copies for each submittal as listed in the SMS of all required submittals. Upon completion of work, the Contractor shall notify and schedule pre-final and final inspections with the Government. Before the pre-final inspection, the Contractor shall provide a set of redlines for Government review to be used as a mark-up set for the pre-final inspection.

7.0 WORKING HOURS: Work shall be done during regular business hours. The Contractor may request night or weekend work which must be submitted and approved by the Contracting Officer, however there is no guarantee that those requests will be approved. Contractors shall plan for the following work hours:

Monday – Friday 0700 – 1600

Government Holiday Schedule:

8.0 PERFORMANCE PERIOD: The period of performance is 270 calendar days, which includes, material submittals, ordering, and Government review, and also includes 30 days needed for badging.

9.0 All work shall comply with all the most current Federal, State, Local, and VA environmental laws and regulations.

10.0 ADDITIONAL VA REQUIREMENTS: The VA COR will advise the contractor of the location and processes to obtain the following as needed:

A. Security: Construction workers shall be required to obtain and wear security badges in plain sight above the waist at all times. Contractors found without a badge will be immediately removed from VA property by VA Police. Allow 21 business days to obtain badging. Security badges are obtained through the COR.

B. Tuberculosis (TB): Contractor is responsible for TB testing of all construction workers scheduled to be on-site at the VA prior to the start of work. On-site workers will provide the VA Infection Control Nurse a copy of the TB test at the time of the infection control training provide by the VA. TB test must be within 90 days prior to assignment. Coordinate with the VA COR. TB training class is free and is a 20 min video.

C. Infection Control and Safety: The construction workers must attend the Infection Prevention training provided by the VA 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 the construction site.

D. Information Security: 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.

E. Privacy Officer: The contractor will not have access to Patient Health Information (PHI) nor will they have capability of accessing patient information during the services provided to the VA

F. Records Manager:

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. chp. 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.

2. 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.

3. 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.

4. STVHCS 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 STVHCS 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 STVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. 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 STVHCS 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).

6. 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 STVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

9. 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.

10. The STVHCS 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 STVHCS 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.

11. 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, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

END OF SECTION

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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INSTRUCTIONS TO OFFERORS

To assure responsiveness of submitted bids, bidders shall follow the instructions contained herein. These instructions prescribe the format of the bid and describe the approach for development and presentation of the bid package. These instructions are designed to ensure the submission of necessary information. Bidders are required to meet all solicitation requirements, including terms and conditions, representations, and certifications. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Interested bidders shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of bids.

1. Bids shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing a bid shall initial each erasure or change appearing on any proposal form.

2. Bidders shall submit proposed prices for ALL bid items as listed in the bid schedule. Failure to submit proposed prices for ALL bid items will result in the proposal being rejected as nonresponsive without further consideration.

3. Alternate bids Will NOT be considered unless this solicitation authorizes their submission.

4. The following documents shall be submitted to the Contracting Officer on the due date and time listed on the SF 1442. Electronic bids transmitted through email are the only authorized form of submission under this solicitation. One (1) emailed electronic PDF document of the bid shall be submitted at the time of the bid opening. The emailed electronic PDF document of the bid shall be organized as follows:

a) Pricing: Page 2 of the SF1442 shall be completed and signed by the signatory authority. All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) shall be completed.

b) Section B – Schedule of Prices/Description shall be completed by the offeror

c) Bidders shall be solely responsible for monitoring Government’s website www.sam.gov for amendments to this solicitation if any and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments.

d) Duly executed Bid Bond/Guarantee: Bid Bond is required for this IFB.

e) Evidence of SDVOSB Status: Copy of SBA Veteran Small Business Certification Program (VetCert) Registry printout showing your firm as a verified SDVOSB. Please be advised that to be eligible for award, Offerors are required to register their businesses at veterans.certify.sba.gov and https://www.sam.gov (Previously known as www.ccr.gov) and complete the Online Representations and Certifications Application (ORCA). Bidders shall submit a printout of their ORCA.

f) Respond to all requirements in the “Special Standard of Responsibility” and in the “Self-Performed Calculations” sections.

g) Limitation on Subcontracting: IAW VAAR 852.219-75 each offeror will review the clause and complete the certificate included in the clause. This certificate will be completed prior to solicitation closing and submitted with the proposal documents. Failure to comply with this requirement will result in removal of proposal for consideration for award.

h) Failure to submit all aforementioned documents (a, b, c, d, e, f, and g) shall result in a nonresponsive offer and the bid shall not be considered.

5. Bids shall be submitted electronically to the email address below by or on the due date set forth in this solicitation, Page 1, Form SF1442, Block 13:

a) Contracting Officer: Rhonda Richardson | Email: Rhonda.Richardson5@va.gov and Contract Specialist: Eileen Myers | Email: Eileen.Myers@va.gov.

The Email Subject Line Shall Read: 36C25726B0004 Replace 2nd Floor Roof, Project 671-24-004.

It is solely the responsibility of the bidders to ensure the Government receives the bids before or on the exact due date and time set forth in this solicitation.

INQUIRY ON THE SOLICITATION AND DEADLINE FOR INQUIRY

1. All Request for Information (RFI) about this solicitation shall be directly submitted via email to the contracting officer: Rhonda.Richardson5@va.gov and Eileen.Myers@va.gov No phone or faxed inquiries will be accepted.

2. Deadline for all Request for Information (RFI) is August 14, 2026 at 10:00 AM CDT.

3. Government’s responses to inquiries will be issued in the form of Amendment(s) to be posted on the same website where this solicitation is posted: www.sam.gov. All interested bidders including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

BID OPENING

1. A public Bid Opening will not be held. Bids shall be opened by the Contracting Officer and Contract Specialist, witnessed, and recorded on an official Bid Abstract. Bid Abstracts will be available upon request via email to: Rhonda.Richardson5@va.gov and Eileen.Myers@va.gov

2. A virtual bid opening will be held at: https://teams.microsoft.com/meet/257809016810994?p=W4TWTY5a5IHAi8eNmg Dial in by phone +1 469-551-3381,,648165602# United States

BID EVALUATION

1. All bids submitted on time and in accordance with provision 52.214-5 will be evaluated for the conformance to all requirements of this solicitation. Any bid that fails to conform to the requirements of this solicitation will be determined non-responsive and therefore rejected.

2. Bid prices will be evaluated as follows:

a) For the purpose of determining the low bid conforming to the solicitation, the Government will evaluate the proposed total schedule bid items and make an award on the proposed total schedule bid items to the bidder whose bid conforms to this solicitation and is deemed the most advantageous to the Government.

BASIS FOR CONTRACT AWARD

1. Award will be made to the lowest responsible bidder whose bid conforms to this solicitation and is deemed the most advantageous to the Government, considering only price and price-related factors specified in this solicitation.

2. Award will be made in accordance with provision 52.214-19 Contract Award—Sealed Bidding—Construction incorporated by reference in this solicitation.

3. Determination of Responsibility:

a) Pursuant to FAR 9.103 prescribing that purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only, the Government will perform the determination of responsibility on the apparently lowest bidder whose bid is deemed conforming to the solicitation as stated under paragraph a). The Government’s determination of responsibility will be performed in accordance with FAR 9.1 and will include but not limited to the review of all federal excluded or debarred lists from different U.S. departments, and from the Federal Awardee Performance and Integrity Information System (FAPIIS), available at www.ppirs.gov.

b) Since this solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Business (SDVOSB), the Government will refer the matter to the Small Business Administration which will decide whether to issue a Certificate of Competency if the Government deems a potential SDVOSB awardee nonresponsible.

Special Standard of Responsibility Solicitation Submittal Requirements:

The Offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each Contractor who is part of the partnership or joint venture and for the entity itself. EMR shall not be submitted for subcontractors.)

1. OSHA or EPA Violation(s):

Offerors shall provide Summary of Work-Related Injuries and Illnesses, affirming that the Offeror has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years.

1. Experience Modification Rate (EMR):

Offerors shall provide documentation to show that the offeror has an Experience Modification Rate (EMR) of equal to or less than 1.0.

Site Visit The Site Visit for this project will be held on August 11. 2026, at 10:00 AM CST. Participants will meet at the STVHCS Hospital Main Lobby at 7400 Merton Minter Blvd., and will be meet by the Contracting Officer Representative (COR) for further instructions. Please allow a total of 3 hours for the walk through.

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INSTRUCTIONS FOR CALCULATION OF SELF-PERFORMED WORK IAW “Limitations on Subcontracting” (VAAR 852.219-75)

OFFEROR’S SELF PERFORMED ESTIMATED CALCULATIONS

At the time of proposal Offeror’s are required to complete.

a) Offeror’s total proposed price: $ __________

b) Cost of Materials $ __________

c) Total excluding materials (a-b) $ __________

d) Amount projected to be paid to non-VIP listed SDVOSBs: $ __________ (not including materials)

e) Offeror’s percentage of estimated Non VIP work (d/c X 100 = %) __________%

f) Offeror’s percentage of estimated self-performed work (100 – e = %) __________%

A/E-Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

V.T.C.A. Tax Code §151.311 Offerors are hereby notified that in accordance with V.T.C.A., Tax Code §151.311, the purchase of tangible personal property for use in the performance of a contract for an organization exempted under Section 151.309 or 151.310 of this code is exempt if the tangible personal property is incorporated into realty in the performance of the contract. Additionally, the purchase of tangible personal property, other than machinery or equipment and its accessories and repair and replacement parts, for use in the performance of a contract for an improvement to realty for an organization exempted under Section 151.309 or 151.310 of the code is exempt if the tangible personal property is necessary and essential for the performance of the contract and completely consumed on the job. The VA is an exempt organization.

Therefore, the contractor’s purchase of such building and construction materials within the State of Texas to be incorporated into the real property belonging to the U.S. Department of Veterans Affairs (VA) or completely used in the performance of the contract is subject to exemption from Texas Sales and Use taxes under the code. To take advantage of the tax exemption, the successful offeror under this solicitation must complete a Texas Sales and Use Tax Exemption Certificate when it purchases construction materials for this contract.

Notwithstanding FAR 52.229-3, all proposals received in response to this solicitation are presumed to reflect this tax exemption and therefore should not include Texas’ Sales or Use Taxes on sales of materials for incorporation into VA real estate under this contract or used in the performance of this contract.

The successful offeror is responsible for obtaining the certificate, as it is specific to the state of Texas, and not the VA.

2.1 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor 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.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. 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.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. 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).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

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

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and…