36C26118R0541-004.docx

36C26118R0541

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.

36C26118R0541 X 06-19-2018

TBD

654-18-2-6059-0272 654-18-831 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno

NV

89502-2597 Proposals have been authorized and are to be sent by email to Dario Rissone at dario.rissone@va.gov.

Dario Rissone 775-785-7156 Project Number: 654-18-831 Project Title: IPP USP 797/800 Compliance (Pharmacy) Project Location: VA Sierra Nevada Health Care System, 975 Kirman Avenue, Reno, Nevada 89502

This is a TWO-PHASE DESIGN-BUILD ACQUISITION issued in accordance with FAR Subpart 36.3. This solicitation is a Two-Phased Request for Proposal (RFP). In Phase I, the Government anticipates selecting a maximum of three (3) most highly qualified offerors, creating a competitive range. Phase II consists those offeror within the competitive range submitting technical and price proposals.

General Description: The Design-Build Contractor shall provide all labor, materials, tools, equipment, transportation, supervision, technical expertise, permits, travel and all services deemed necessary for proper design-build service, construction, and historic preservation as required by the Statement of Work and other documents for this project.

IAW VAAR 836.204 - Disclosure of Magnitude for this VA project: Between $500,000 and $1,000,000. The Project’s NAICS CODE: 236220, Commercial and Institutional Building Construction--Small Business Size Standard: $36.5 Million.

This is a total Service-Disabled-Veteran-Owned-Small-Business (SDVOSB) set-aside under public law 109-461.

The single organized site visit for the first phase of this Design-Build RFP has been scheduled as follows:

Date: 29 June 2018 Time: 1000 Location: The flagpoles in front of the main hospital entrance on 975 Kirman Avenue, Reno, Nevada

Addendum to block 11, Standard Form 1442: A separate Notice to Proceed (NTP) will be issued for design and construction.

Addendum to block 12a: Bonds are not required until the Phase II solicitation has been awarded.

Addendum to block 13b: Offer Guarantee shall be required to be submitted with Phase II Proposal.

Please submit all questions regarding the solicitation and supporting documentation in writing using the RFI submission requirement provided within this solicitation via email to Dario.Rissone@va.gov. Phase I RFIs will be accepted until 6 July 2018, 4:00 PM Pacific Standard Time (PST). Phase I Proposals are due by 19 Jul 2018 4:00PM PST to the e-mail address listed in Block 7 of this form.

4:00 PM PST

07-19-2018 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 VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno

NV

89502-2597 Department of Veteran Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971

Table of Contents

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

36C26118R0541 Section C

Page 1 of Page 1 of

STATEMENT OF WORK

FOR

DESIGN BUILD SERVICES

IPP USP 797/800 Compliance

PROJECT 654-18-831

May 7, 2018

VA SIERRA NEVADA HEALTH CARE SYSTEM

RENO, NEVADA

IPP USP 797/800 Compliance

PROJECT 654-18-831

DESIGN BUILD SERVICES

1. GENERAL

1.1. The Design Build (DB) contractor shall furnish:

1.1.1. Design: all design (AE) services, materials, supplies, equipment, investigations and project supervision, and construction period services associated with this contract. Design shall meet VA Design Guides and Design Criteria and VA Master Specifications. Design shall follow all current applicable codes, including International Building Codes (IBC), National Fire Protection Association (NFPA), Occupational Safety and Health Administration (OSHA) and all USP 797/800 standards/requirements.

1.1.2. Construction: all labor, materials, supervision, and administration for the construction phase of this contract.

1.1.3. Provide and install temporary leased USP 797/800 compliant pharmacy compounding trailer or equal temporary removable facility (the term ‘trailer’ will be used interchangeably for ‘trailer or equal temporary removable facility’) for VA staff pharmacy use during construction period. Provide all labor, materials, supervision, and administration for the installation of the pharmacy trailer. Leased trailer is to have all necessary HVAC, compounding hood equipment, electrical, plumbing, data/comm and furniture for a complete ready to function pharmacy rooms. The trailer is to be connected to medical center electrical system. Contractor is to furnish design services for site selection, preparation and all labor and materials to deliver, install and connect trailer to site. This temporary swing space pharmacy trailer is to be a turn-key installation. The trailer is to be approximately 55’ by 8.5’. The trailer is to have an entry room in the center with a non-hazardous buffer room (ISO-7) with anteroom (ISO-8) on one end and a hazardous buffer room (ISO-7) with anteroom (ISO-7) on the other.

1.2. The project is located at the Sierra Nevada Health Care System located at 975 Kirman Ave, Reno, NV, 89502.

1.3. Site is located at the VA Sierra Nevada Health Care System (VASNHCS) in Reno, NV.

2. SCOPE

2.1. The design must renovate and upgrade the pharmacy rooms to meet all USP 797/800 standards and requirements for sterile compounding and sterile compounding of hazardous drugs. The design will include HVAC systems, hot/cold domestic water, waste drains and building management program modifications. Specific design and construction elements include:

2.1.1. Modification and upgrade of HVAC system serving the pharmacy rooms (G2640, G2642, G2644, G2656) to meet the USP 797/800 air flow and static pressure criteria. Modify and upgrade of HVAC system serving the pharmacy Bulk Storage and Unpacking room (G2656) to meet the USP 800 air flow and negative static pressure criteria. This includes any changes, modifications or upgrades to ducting, air handler controls, grilles, filters, pressure sensors and pressure controllers. The HVAC system must be modified to convert the system from constant air volume (CAV) boxes to actuated venturi valves that can adapt to a dynamic pressure environment that precisely controls static pressure in the rooms to the USP 797/800 criteria. The new controllers and sensors shall be directly compatible with the existing BMS (JCI Metasys). Design shall include any necessary programing and computer graphics updates to the existing building management system (NAE’s, AHU controllers, Metasys Computer in boiler plant).

2.1.2. Renovation of the HVAC system will require selective demolition and replacing of existing ceiling system as necessary.

2.1.3. Perform a T&B prior to design to establish baseline conditions and incorporate necessary adjustments/modifications to all existing duct branches affected by this project to match the baseline conditions.

2.1.4. All repairs to walls, ceilings, door, and door frames are to match existing.

2.1.5. All new electrical is to meet VA specifications and NFPA 70 for hospital use. Include all necessary electrical for new HVAC equipment back to existing building electrical source (home runs to MCC’s).

2.1.6. Disconnect and remove existing hood from clean room G2644 (left hood when facing both units.) Turn hood over to government and relocate to designated onsite storage.

2.1.7. Demolish and remove existing sink. Install new floor mount stainless steel deep scrub sink, Surgikleen GAT-SURGI-KLEEN-1000-FM or equal on opposite wall from entry door in pharmacy anteroom G2642 to meet USP 797/800 criteria. New sink shall have temperature control, additional back splash panel and storage shelf options. Core drill as necessary to connect with existing hot/cold domestic water and waste drains below slab.

2.1.8. Include the installation of a wall mounted HEPA filtered pass through air lock to replace the existing between pharmacy work room and Clean room G2644. Pass thru to be Clean Air Products; CAP 18WHF or equal. Include alternate options (dedicated exhaust vent).

2.1.9. Include all necessary design/construction features for a complete project.

2.1.10. There is not any expansion (new square footage) associated with this project.

2.1.11. Erect a plastic construction barrier as necessary to prevent dust infiltration into the pharmacy area.

2.1.12. Adjacent areas must remain fully operational.

2.1.13. ICRA must be negative pressure. Provide alternate options.

2.1.14. All construction work is to be during normal hours, 7:30AM to 4:00PM. Any work that creates noise loud enough to impact patient operations, disturb patients or staff is to be accomplished after working hours.

2.1.15. Construction drawings to denote egress, construction site access, dumpster location, storage areas and temporary barriers. Parking is limited to offsite.

2.1.16. All outages and outages are after hours. Submit outage notice 14 days in advance of the outage date for approval.

2.1.17. Any modifications to lighting and electrical systems.

2.1.18. Any modifications to fire alarm and fire sprinkler systems.

2.1.19. All finishes that need to be replaced or repaired are to match existing finishes and comply with USP 797 and USP 800.

2.1.20. All signage changes and modifications are included in this contract.

2.1.21. Design shall include all requirements from the “VA Reno – Local Requirements for A/E Designs” document as applicable.

2.2. The scope of AE services shall include the following:

2.2.1. Preliminary site investigation of the planned project location and temporary trailer site location.

2.2.2. Development of a complete stamped and signed design package including all appropriate trades which, at a minimum, should include: architect, civil, structural, mechanical, electrical and plumbing for pharmacy area.

2.2.3. Development of a complete stamped and signed design package including all appropriate trades which, at a minimum, should include: architect, civil, structural, mechanical, electrical and plumbing for temporary pharmacy trailer site preparation and installation of trailer.

2.2.4. Construction period services including, but not limited to: submittal review, RFI review and responses, weekly construction site visits, and reviews and emergency phone or on-site responses as issues arise.

3. SCHEDULE FOR DESIGN BUILD

All design review meetings to be held at the VA facility in Reno.

4. DESIGN REQUIREMENT

4.1. VA design instructions, guide specifications and reference material are available at the VA Office of Facilities Management website http://www.cfm.va.gov/TIL/. This design shall substantially meet all VA requirements.

4.2. Utilize AE Submission Instructions, Volume C as detailed at VA website http://www.cfm.va.gov/cfm/contract/ae/aesubmin.doc unless otherwise changed by this SOW.

4.3. Site Design Data. The AE shall perform field reconnaissance, surveys, and site investigations required to obtain engineering information and design data for the accomplishment of the contract documents per this Statement of Work.

5. DESIGN DELIVERABLES

5.1. Construction Schedule. A construction schedule indicating phasing, durations, and critical site visit milestones for the AE (and consultants).

5.2. VA Criteria Deviation Log. VA criteria must be strictly followed unless approved otherwise by the Contracting Officer. Any approved deviations must be maintained in a Deviation Log.

5.3. Submittal Register identifying every submittal required by the drawing specifications. The AE shall provide a draft submittal register at the 100% drawing submittal and a final submittal with the Bid Documents.

5.4. Drawings and Specifications. The items specified below may not include all required deliverables. Provide other required deliverables as required in the VA’s Technical Information Library.

5.5. Submittals

5.5.1. Hard Copy: Specifications shall be single spaced, double sided, 3-hole (3/8th inch holes) punch, in a notebook. Drawings shall be on 24-lb bond paper, bound unless otherwise noted. Drawing size: full size 42x30, half size 22x16.

5.5.2. Electronic Files (AutoCAD, PDF, Word, etc). Must be provided in editable format. Electronic filenames shall include both the drawing/spec number and the drawing/spec name in the order (ex:

5.5.3. 35% Design Submission: Hard copy: 1 full-size set of drawings, specifications (table of contents indicating intended spec sections.), and construction schedule. Electronic: One CD containing separate files for each drawing in AutoCAD and PDF; construction schedule; specs in MS Word.

5.5.4. 65% Design Submission: Hard Copy: 1 full-size set of drawings, 1 half size, specifications (table of contents indicating intended spec sections), construction schedule. Electronic: One CD containing separate files for each drawing and rendering (in AutoCAD and PDF), construction schedule, specs in both MS Word and PDF, VA Criteria Deviation Log, etc.

5.5.5. 100% Design Submission: Hard copy: 1 full-size set of drawings, 1 half size, specifications; construction schedule. Electronic: Electronic: One CD containing separate files for each drawing and rendering (in AutoCAD and PDF), construction schedule, specs in both MS Word and PDF, VA Criteria Deviation Log, design calculations, etc.

5.5.6. Bid Documents: Hard copy: 1 full-size sets of drawings (one loose), 2 half size set of drawings; 2 sets of specifications; construction schedule; design calculations. Electronic: one CD containing: separate files for each drawing in AutoCAD and PDF; one fully bookmarked PDF file containing all the drawings; one Word file containing all the specification sections; a Word file for each specification section; one PDF file containing all the specification sections; a PDF file for each specification section, submittal log; VA Criteria Deviation Log, construction schedule; design calculations.

5.5.7. Record Drawings: Hardcopy: One set full-size 24-lb bond paper. Electronic copy: two CDs each containing: each drawing to be a separate file, both in DWG and PDF (the DWG format must be unprotected to permit future editing); and one fully bookmarked PDF file containing all the drawings.

6. CONSTRUCTION SUPPORT SERVICES

6.1. The AE shall perform field reconnaissance, surveys, and site investigations required to obtain engineering information and design data for the accomplishment of the contract documents. Specific site visit milestones will be identified in the construction schedule – textual trip reports are required within two days following the visit. In addition to scheduled visits (weekly production meetings and specific construction schedule milestones) unscheduled visits, Submittal and Shop Drawing Reviews. The DB A-E shall perform submittal reviews and provide recommendations for the range of acceptance to rejection. Unless otherwise agreed, the VA will determine final outcome of submittals.

6.2. Production Meeting participation. Weekly production meetings will be held at the job site. If the A/E is within a 60-mile radius of the jobsite, then face to face attendance is required by the A/E, otherwise, phone attendance is acceptable.

6.3. Project record drawings - The DB contractor will maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process as required by the RFP specifications. The project record drawings will be available for review by the COR at all times.

6.4. Perform submittal and shop drawing reviews. The AE shall perform submittal reviews and provide recommendations for the range of acceptance to rejection. Responses shall be due within 14 calendar days of receipt.

6.5. Provide site inspection visits as requested by the Contracting Officer or COR and provide immediate on-site comments. Forward formal inspection reports to the COR no later than seven (7) calendar days after the site visit.

6.6. Review and prepare response to construction contractor RFIs forwarded by VA within seven (7) calendar days from receipt.

7. RISK CONTROL

7.1. The VASNHS is an active hospital and therefore will require consideration to those areas with patients and staff.

7.2. The Contractor shall be responsible for the administration and management of all aspects of this SOW. This includes responsibility for all Contractor employees, subcontracts, agents, and anyone acting for or on behalf of the Contractor.

7.3. The Government is authorized to restrict the employment under the contract of any Contractor employee or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

7.4. The parties agree that the Contractor’s personnel working as a result of this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

8. SECURITY

8.1. Contractors do not need and shall not be allowed access to any VA personnel or VA patients Personal Health Information (PHI) or Personally Identifiable Information (PII) in the performance of the requirements of this SOW. Additionally, the contractor does not need and shall not be allowed access to VA sensitive information in the performance of the requirements of this SOW.

8.2. The contractor shall not connect contractor-owned IT devices (laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public) network. Computer certification and accreditation requirements do not apply, and a security accreditation package is not required.

8.3. 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.

9. APPLICABLE REFERENCES

10. ATTACHMENTS

10.1. Site Location

10.2. Floorplan

10.3. Pharmacy project 654-07-177 record drawings

NEW COMMUNITY

10.4. Current pharmacy HVAC Test and Balance

SECTION D - PACKAGING AND MARKING

“For this Solicitation, there are no Clauses in this section.”

36C26118R0541 Section D

SECTION E - INSPECTION AND ACCEPTANCE

E.1 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)

The clause entitled "Inspection of Construction" in FAR 52.246-12 is supplemented as follows:

(a) Inspection of materials and articles furnished under this contract will be made at the site by the resident engineer, unless otherwise provided for in the specifications.

(b) Final inspection will not be made until the contract work is ready for beneficial use or occupancy. The contractor shall notify the contracting officer, through the resident engineer, fifteen (15) days prior to the date on which the work will be ready for final inspection.

(End of Clause)

E.2 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)

(a) Signing of the bid shall be deemed to be a representation by the bidder that:

(1) Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly engaged in construction, alteration, or repair of buildings, structures, and communications facilities, or other engineering projects, including furnishing and installing of necessary equipment; or

(2) If newly entering into a construction activity, bidder has made all necessary arrangements for personnel, construction equipment, and required licenses to perform construction work; and

(3) Upon request, prior to award, bidder will promptly furnish to the Government a statement of facts in detail as to bidder's previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated work.

(b) Unless otherwise provided in this contract, where the use of optional materials or construction is permitted, the same standard of workmanship, fabrication and installation shall be required irrespective of which option is selected. The contractor shall make any change or adjustment in connecting work or otherwise necessitated by the use of such optional material or construction, without additional cost to the Government.

(c) When approval is given for a system component having functional or physical characteristics different from those indicated or specified, it is the responsibility of the contractor to furnish and install related components with characteristics and capacities compatible with the approved substitute component as required for systems to function as noted on drawings and specifications. There shall be no additional cost to the Government.

(d) In some instances it may have been impracticable to detail all items in specifications or on drawings because of variances in manufacturers' methods of achieving specified results. In such instances the contractor will be required to furnish all labor, materials, drawings, services and connections necessary to produce systems or equipment which are completely installed, functional, and ready for operation by facility personnel in accordance with their intended use.

(e) Claims by the contractor for delay attributed to unusually severe weather must be supported by climatological data covering the period and the same period for the 10 preceding years. When the weather in question exceeds in intensity or frequency the 10-year average, the excess experienced shall be considered "unusually severe." Comparison shall be on a monthly basis. Whether or not unusually severe weather in fact delays the work will depend upon the effect of weather on the branches of work being performed during the time under consideration.

(End of Clause)

E.3 VAAR 852.246-71 INSPECTION (JAN 2008)

Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.

(End of Clause)

E.4 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)

The clause entitled "Warranty of Construction" in FAR 52.246-21 is supplemented as follows:

Any special warranties that may be required under the contract shall be subject to the elections set forth in the FAR clause at 52.246-21, Warranty of Construction, unless otherwise provided for in such special warranties.

36C26118R0541 Section E (End of Clause)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)

(a) The contractor shall submit with the schedule of costs, a progress schedule that indicates the anticipated installation of work versus the elapsed contract time, for the approval of the contracting officer. The progress schedule time shall be represented in the form of a bar graph with the contract time plotted along the horizontal axis. The starting date of the schedule shall be the date the contractor receives the "Notice to Proceed." The ending date shall be the original contract completion date. At a minimum, both dates shall be indicated on the progress schedule. The specific item of work, i.e., "Excavation", "Floor Tile", "Finish Carpentry", etc., should be plotted along the vertical axis and indicated by a line or bar at which time(s) during the contract this work is scheduled to take place. The schedule shall be submitted in triplicate and signed by the contractor.

(b) The actual percent completion will be based on the value of installed work divided by the current contract amount. The actual completion percentage will be indicated on the monthly progress report.

(c) The progress schedule will be revised when individual or cumulative time extensions of 15 calendar days or more are granted for any reason. The revised schedule should indicate the new contract completion date and should reflect any changes to the installation time(s) of the items of work affected.

(d) The revised progress schedule will be used for reporting future scheduled percentage completion.

(End of Clause)

F.2 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)

The Resident Engineer on all assigned construction projects, or other Department of Veterans Affairs employee if designated in writing by the Contracting Officer, shall serve as Safety Officer and as such has authority, on behalf of the Contracting Officer, to monitor and enforce Contractor compliance with FAR 52.236-13, Accident Prevention. However, only the Contracting Officer may issue an order to stop all or part of the work while requiring satisfactory or corrective action to be taken by the Contractor.

36C26118R0541 Section F (End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

36C26118R0541 Section G

For this Solicitation, there are no clauses in this Section For invoice and payment purposes, the VA Purchase Order Number will be provided at time of award.

Page 1 of

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.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…