36C26120B0016_1.docx

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Z1DA--640-20-117 PA Replace Dental Casework B-100
Solicitation number
36C26120B0016
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This document is a presolicitation notice for construction services to replace dental casework at the Veterans Affairs Palo Alto Health Care System facility in Palo Alto, California. The project involves removing and replacing casework, countertops, and mobile dental carts in seventeen dental treatment rooms. The performance period is 180 calendar days from notice to proceed. The estimated value is between $500,000 and $1,000,000. The solicitation will be a total set-aside for verified Service-Disabled Veteran-Owned Small Businesses. A site visit is scheduled for July 15, 2020, and questions are due by July 22, 2020 with responses published by July 29. Offers are due August 12, 2020. The Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 21 plans to issue the full solicitation on or around June 19, 2020.

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Other files

File Type Posted
S02 - Wage Determination - CA20200018 07.10.2020 - 36C26120Q0818.pdf PDF
36C26120B0016 0002.docx DOCX document
S05 - RFI Log - PA Dental Casework - 640-20-117.pdf PDF
S02 - RFI 001 Exhibit B_revised 7-18-20.pdf PDF
S02 - Final SOW - PA Dental Case Work_FINALv2.pdf PDF
S02 - FAR 52.211-6 Brand Name or Equal Provision.pdf PDF
S02 - RFI 008 - attachment.pdf PDF
36C26120B0016 0001.docx DOCX document
S04 - Site Walk Sign in Sheet - PA - Replace Dental_FILLED OUT.pdf PDF
S02 - SECTION 01 74 19 Construction Waste Management.pdf PDF
S02 - SECTION 01 00 00 General Requirements.pdf PDF
S02 - SECTION 12 36 00 Countertops.pdf PDF
S02 - SECTION 09 91 00 Painting.pdf PDF
S02 - SECTION 12 32 00 MANUFACTURED WOOD CASEWORK.pdf PDF
S02 - Exhibit A.pdf PDF
S02 - SECTION 07 92 00 Joint Sealants.pdf PDF
S02 - SECTION 09 65 13 RESILIENT BASE AND ACCESSORIES.pdf PDF
S02 - SECTION 01 35 36 Safety Requirements.pdf PDF
S02 - SECTION 01 32 16.15 Project Schedule.pdf PDF
S02 - Exhibit B.pdf PDF
S02 - SECTION 09 06 00 Shedule Of Finishes Case Work.pdf PDF
S02 - SECTION 22 05 11 Common Results for Plumbing.pdf PDF
S02 - SOLICITATION RFI FORM.pdf PDF
S02 - SECTION 12 34 00 Manufactured Plastic Casework.pdf PDF
S02 - SECTION 06 20 00 Finish Carpentry.pdf PDF
S02 -SECTION 01 57 19 Temporary Environmental Controls.pdf PDF
S02 - SECTION 02 41 00 Demolition.pdf PDF
S02 - SECTION 09 23 00 Gypsum Plaster.pdf PDF
S02 - PG 18-14 Room Finishes Door and Hardware Schedule.pdf PDF
S02 - SECTION 01 33 32 Shop Drawings Product Data and Samples.pdf PDF
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36C26120B0016 Section M

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5.

REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL

SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

1. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than ____ ___________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C26120B0016 X 06-26-2020 640-20-2-5281-0056 640-20-117 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Palo Alto Health Care System (90/NCA) 3801 Miranda Ave Palo Alto CA 94304-1207 c/o Timothy Saffles Dept. of Veterans Affairs, NCO 21 Building T-50 Miranda Ave Palo Alto CA 94304 Timothy Saffles 650-849-0290 Project Name: Palo Alto - Replace Dental Casework B100 CONSTRUCTION Project Site: VA Palo Alto Health Care System (VAPAHCS), 3801 Miranda Ave, Palo Alto, CA 94304 Project Number: 640-20-117

Provide all labor, equipment, materials, tools, supervision, safety measures, and transportation, etc. to:

replace all casewo rk, counter tops, and associated mobile dental carts in seventeen (17) dental treatment rooms located at the Dental Clinic in Building 100, Second Floor, Wing E at the Palo Alto VA facility.

Refer to Statement of Work (SOW) and attached specifications and exhibits for complete project details.

IAW FAR 36.204(a-e) and VAAR 836.204, disclosure of magnitude is: Between $500,000 and $1,000,000.

NAICS Code: 236220 - Comme rcial and Institutional Building Construction. Size Standard: $36.5MM.

Required timeframe (POP): 180 CALENDAR DAYS AFTER NTP (including 30 calendar days for submittals).

Refer to Submission of Bid Instructions for instructions on how to submit your bid.

Bid, Payment, and Performance Bonds are all required for this procurement.

*** THIS SOLICITATION IS BEING CONDUCTED UNDER FAR PART 14 SEALED BIDDING AND IS 100% SET-ASIDE TO SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS (SDVOSB) F

IRMS PER PUBLIC LAW 109-461. ***

Site visit: 12pm (noon), 07/15/2020 - Meet inside front lobby of Building 100, after security checkpoint, VAPAHCS, 3801 Miranda Ave, Palo Alt o, CA 94304.

NOTE: Please refer to the SPECIAL SITE VISIT NOTE that follows the SOW for site visit procedures and requirements.

RFIs due: 11am 07/22/2020 to timothy.saffles@va.gov.

RFI responses published: 11am 07/29/2020.

Offer due date: 11am 08/12/2020 to timothy.saffles@va.gov. Please provide hard copy and emailed copy.

X X 52.211-10 X

(1) emailed copy 11:00 08-12-2020 X

14. NAME AND ADDRESS OF OFFEROR

15.

TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a.

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN

COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

640-3600162-5281-854200-3220 23NRNR001

Department of Veterans Affairs

VA

Sierra Pacific Network (VISN 21) VA Palo Alto Health Care System (90/NCA) 3801 Miranda Ave Palo Alto CA 94304-1207 Department of Veterans Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 Angela Oppenheimer

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS6
B.1 PRICE/COST SCHEDULE6
ITEM INFORMATION6
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK7
I.Project Summary7
II.Statement of Services7
III.Site Location7
IV.Specific Areas of Emphasis7
V.Description of Work7
VI.Site Impact of Services and Response9
VII.List of Exhibits / Specifications9
SECTION D - PACKAGING AND MARKING22
[For this Solicitation, there are NO clauses in this Section]22
SECTION E - INSPECTION AND ACCEPTANCE23
SECTION F - DELIVERIES OR PERFORMANCE24
F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)24
F.2 DELIVERY SCHEDULE24
SECTION G - CONTRACT ADMINISTRATION DATA25
[For this Solicitation, there are NO clauses in this Section]25
SECTION H - SPECIAL CONTRACT REQUIREMENTS26
H.1 IT CONTRACT SECURITY26
PART II - CONTRACT CLAUSES36
SECTION I - CONTRACT CLAUSES36
I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)36
I.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)38
I.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)39
I.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)40
I.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-01)41
I.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)42
I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2020)43
I.8 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)46
I.9 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)46
I.10 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)47
I.11 52.223-20 AEROSOLS (JUN 2016)48
I.12 52.223-21 FOAMS (JUN 2016)49
I.13 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)50
I.14 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)53
I.15 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)53
I.16 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)55
I.17 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)56
I.18 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)56
I.19 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)57
I.20 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019)58
I.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)59
I.22 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)61
I.23 SUPPLEMENTAL INSURANCE REQUIREMENTS61
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS62
SECTION J - LIST OF ATTACHMENTS62
PART IV - REPRESENTATIONS AND INSTRUCTIONS64
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS64
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)64
K.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)68
K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)69
K.4 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)70
K.5 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)72
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS73
L.1 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)73
L.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)74
L.3 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)74
L.4 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)75
L.5 52.216-1 TYPE OF CONTRACT (APR 1984)75
L.6 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)75
L.7 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)76
L.8 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)77
L.9 52.228-1 BID GUARANTEE (SEP 1996)78
L.10 52.233-2 SERVICE OF PROTEST (SEP 2006)78
L.11 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)79
L.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)80
SECTION M - EVALUATION FACTORS FOR AWARD81

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
GRAND TOTAL
__________________

36C26120B0016 Section B

Page 1 of Page 1 of

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Work

I. Project Summary

Dental service is provided to the VA Palo Alto veteran patients in the dental treatment rooms which date 20+ years. The scope of work is for 17 dental treatment rooms and associated mobile dental carts requiring upgrade of the current dental model of care in accordance with the VA Palo Alto Dental Service, Authority Having Jurisdiction and VA Palo Alto infection control measures. This requisition does not include replacing existing medical dental equipment. The construction will take place in the VA Palo Alto hospital facility. The Contractor shall provide a cost proposal based on the scope of work with phasing and work hours permitted. The contractor shall submit design and submittals as required, which shall be approved by the VA COR prior commencing work.

II. Statement of Services

The contractor shall provide all material and labor to replace all casework, counter tops including management, material, design, safety, fire protection, infection control measures and revise MEP for medical equipment dental cabinetry for this project. In addition, if there are wall or flooring minor repairs associated with demolishing and installing new casework, contractor shall match existing finishes.

III. Site Location

Veterans Affairs Palo Alto Health Care System (VAPAHCS) Palo Alto Division, Dental Clinic Building 100, Second Floor, Wing E 3801 Miranda Avenue, CA 94304

IV. Specific Areas of Emphasis

The area of work is located at the Dental Clinic in Building 100, Second Floor, Wing E at the Palo Alto facility. The Contracting Officer’s Representative (COR) will provide site maps of proposed area of work upon request where available. Any questions regarding these details should be referred to the COR.

V. Description of Work

Contractor shall provide comprehensive service to fulfill project requirements as indicated below. Contractor shall perform in a professional manner to ensure long term durability, and meet all applicable standards, and codes. All work shall be done in accordance with, all laws, ordinances, building codes, rules and regulations applying to the work, including, but not limited to VA, Federal, State, County, City, Industry design guides, codes, standards, regulations and policies. Contractor shall work with COR to minimize construction impact to daily operation of VAPAHCS. Minimum project requirements are listed below.

Replace the existing casework in the dental treatment rooms. The work is to include:

A. Replace all casework; to include fully functional cabinets with the same number and dimension of drawers, doors, tall storage units, and workstation writing surfaces. Refer to exhibit B for more information.

B. Remove and reinstall any FF&E that is in the way of the work.

C. Rework existing plumbing for new sinks with new infrared faucet operation to be battery operated.

D. Configure all new casework to accommodate existing medical gas valves or electrical outlets to remain.

E. Replace portable wheeled cart for additional storage or provide instrument accessibility. Each of the 17 Dental Treatment/Surgical Rooms. See attached specification section 12 32 00 for more info.

F. Treatment rooms shall have one each of these cabinets. Cabinets to have similar dimensions and functions to the existing roll around cabinets.

G. Patch and paint as needed where replacement cabinetry does not align with demolished casework. Use gypsum plaster requirements for dental treatment rooms in accordance with the VA TIL Specs.

H. Patch and repair flooring as needed where replacement cabinetry does not align with demolished casework. Match with existing finishes and comply with VA TIL Specs.

I. Contractor shall provide all materials and labor for the installation of new sinks with new motion activated faucets on all casework and cabinetry with sinks.

J. Contractor shall remove all wall mounted casework and fixtures and patch and paint walls in rooms where new casework and cabinetry will be installed.

K. At where applicable, contractor shall verify existing wall backing in proper condition to support new casework L. Contractor shall provide all labor and materials on plumbing work and to restore plumbing system to its original working condition.

M. At where applicable, contractor shall disinfect and test water line before re-energizing the line.

N. Contractor shall provide field verify and provide shop drawings for all casework before any construction work begins.

O. Contractor shall provide Safety and Infection Control measures to include barriers, negative air and air scrubbers with HEPA filters.

P. All work to be performed on two rooms at a time.

Q. Construction activity that impacts patient care or facility operation shall be done on the weekends or after hours.

R. Period of Performance and Station Rules.

a) The total contract period of performance shall be 180 calendar days from the receipt of the Notice to Proceed to construction completion. The contract period of performance provides 30 calendar days for design and product submittals, shop drawings, phasing plan, and material procurement, schedule development, and schedule of utility shutdowns – all prior to mobilization.

b) Work to be performed Monday through Friday not including federal holidays.

c) All work that will impact the regular day to day operations of the clinic and surrounding services will be done after clinic hours per COR approval.

d) The contractor shall operate in accordance with specification with all laws, ordinances, building codes, rules and regulations applying to the work, including, but not limited to VA design manual, Federal, State, County, City, Industry design guides, codes, standards, regulations and policies.

e) Contractor shall phase the project to minimize impact to the Dental Clinic normal operation.

f) Contractor shall identify all required shutdowns, submit MOPs, and all applicable certifications to COR prior to mobilization. This includes air and noise mitigation, protection of existing dental equipment to stay in place.

VI. Site Impact of Services and Response

A. Contractor shall phase the project to minimize impact to the Dental Clinic normal operation.

B. Contractor shall identify all required shutdowns, submit MOPs, and all applicable certifications to COR prior to mobilization.

C. Contractor shall provide temporary generators for their equipment if the VA cannot supply power.

D. Contractor will have an on-site superintendent at all times whenever construction is performed.

E. All work that will impact the regular day to day operations of the clinic and surrounding services will be done after clinic hours.

VII. List of Exhibits / Specifications

See Attachment List and Attachments.

VA Palo Alto Healthcare System, Palo Alto Division 3801 Miranda Ave, Palo Alto, CA 94304 PA - Replace Dental Casework B100 CONSTRUCTION

SPECIAL SITE VISIT NOTE:

Due to current COVID-19 CDC guidelines and the sensitivity of the site visit location, the following procedures apply:

1. Please keep your site visit personnel to an absolute minimum.

2. Contractors shall provide and wear PPE including masks.

3. When entering the building, contractors shall wear PPE and answer three security screening questions (health questions).

4. Maintain social distancing.

5. Because this site visit will cover areas that are considered information sensitive, contractors are cautioned to maintain Personally Identifiable Information (PII) and Personal Health Information (PHI) security.

Site visit time and date: 12pm (noon), 7/15/2020.

Site visit location: Meet inside the front lobby, beyond the security checkpoint, of Building 100, Veterans Affairs Palo Alto Health Care System (VAPAHCS), 3801 Miranda Ave, Palo Alto, CA 94304-1207 All potential offerors are strongly urged and expected to attend the site visit.

VA Palo Alto Healthcare System, Palo Alto Division 3801 Miranda Ave, Palo Alto, CA 94304 PA - Replace Dental Casework B100 CONSTRUCTION

SUBMISSION OF BID INSTRUCTIONS:

Hand-deliver all the following documents to the address shown in box 8 of the SF-1442 Solicitation in response to this Invitation for Bid (IFB). Incomplete bid packages may be determined nonresponsive.

(a) One (1) original fully completed and signed Standard Form (SF) 1442; acknowledgment of all amendments, either by entering data in block 19 of the SF 1442, or by completing blocks 15 a, b, and c of Amendment(s) (SF 30’s), delivered to address in Box 8, SF 1442.

(b) One (1) original completed/signed SF24 Bid Bond with Raised Seals and Power of Attorney as required (delivered with original bid).

(c) One (1) fully completed Divisional Cost Break-Out / Calculation Sheet.

(d) Documentation of Safety & Environmental Record.

(e) Documentation of Experience Modification Rate (EMR).

(f) Current General Contractor’s License.

(g) Brand Name or equal product information (if applicable) as stated in SOW/Salient Characteristics.

(h) One (1) electronic bid package containing all items stated in (a) through (g) above, emailed to timothy.saffles@va.gov.

Refer to FAR provision 52.214-5, Submission of Bids (Dec 2016) for additional instructions.

Notes:

· Bidders are responsible for insuring and verifying their bid and all required bid documents are received at the address stated in Box 8 of SF-1442 by date and time specified in block 13A of SF-1442 Solicitation (subject to amendment).

· Bidders are cautioned to carefully review System for Award Management regarding their Representations and Certifications. See FAR 52.204-7 and 52.204-8 for specific instruction as needed. Also see 52.209-7 and 52.209-9 if applicable / included in solicitation for additional instructions.

INFORMATION FOR BIDDERS:

· Bids received after bid opening date and time will be rejected.

· Any exception to the terms and conditions of the IFB will result in a nonresponsive bid.

· Failure to provide complete definitive pricing on Divisional Cost Break-Out/Calculation Sheet will result in a nonresponsive bid.

· Bidders must acknowledge amendments to this solicitation in writing only. Otherwise a bid shall be determined nonresponsive.

PROSPECTIVE CONTRACTORS’ RESPONSIBILITY:

Purchases shall be made from, and contracts shall be awarded to, responsible prospective contactors only. The presumed winning Bidder must be determined as “responsible” by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications. To aid in making this determination, by no later than the solicitation due date, Bidders shall provide all documents as required under “Submission of Bid Instructions” above (including the original bid bond, if stated as a requirement in response to the solicitation).

These documents will be reviewed shortly upon receipt. This information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines below or to submit this information may result in a determination of Non-Responsibility and make the bid ineligible for award. The Contracting Officer will obtain additional information as needed and as specified in FAR 9.105-1 to make the Determination of Responsibility, to include, but not limited to the Federal Awardee Performance and Integrity Information System (FAPIIS), Excluded Parties List System (EPLS) and Past Performance Information Retrieval System (PPIRS).

PER VHA DIRECTIVE 7715 (06 April 2017) - SAFETY & ENVIRONMENTAL RECORD AND EXPERIENCE MODIFICATION RATE (EMR):

To be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an EMR of equal to or less than 1.0. See section that follows “Divisional Cost Break-Out / Calculation Sheet” for details.

RECEIPT OF BIDS:

1. Bids are due August 3, 2020, 11:00 AM Pacific at address shown in Block 8, SF-1442.

2. Public Bid opening will be August 3, 2020, 11:00 AM Pacific, in the conference room of Building T-50, VAPAHCS, 3801 Miranda Ave, Palo Alto, CA 94304.

3. Solicitation number and title must be clearly written on outside of delivery package.

4. After solicitation due date and receipt of bids, Bidders shall be evaluated on the basis established in this solicitation. The prospective Bidder chosen for award shall be subject to verification and confirmation of required, submitted bid documents.

PRE-BID SITE VISIT:

Bidders are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing construction services. Failure to inspect the site shall not constitute grounds for a claim after contract award.

See Provision 52.236-27 for specific information regarding the project pre-bid site visit, which will be the only opportunity for potential Bidders to visit the site. All potential Bidders, subcontractors, and suppliers are strongly encouraged and expected to attend the pre-bid site visit.

REQUEST FOR INFORMATION (RFI):

· To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI utilizing the RFI Form included in this IFB, and send it via email to timothy.saffles@va.gov.

· RFIs will be responded to as necessary in amendment format, which will be posted on beta.SAM.gov. Deadline for submission of RFIs for this IFB is July 13, 2020, 11:00 AM Pacific. No questions will be answered after this date and time unless determined by the Contracting Officer to be in the best interest of the Government. Telephone requests for information will not be accepted or returned.

PLANS / SPECIFICATIONS / DRAWINGS:

All drawings and specifications are attached in electronic format to this solicitation. Bidders are responsible for downloading and printing their own solicitation documents, including specifications and drawings. The VA will not provide hard copies of drawings and specifications to any Bidder. Contractors are responsible for ensuring that the construction document package used for submitting a bid for construction is complete, accurate, and current.

TRAINING:

All employees of the general contractor and subcontractors shall have completed the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s Competent Person/Superintendent shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

PREPARATION OF BID:

The Federal Government will NOT pay for any costs incurred in preparation and submission of bid.

PRIVACY AND CONFIDENTIALITY:

Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

Certification & Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

SYSTEM FOR AWARD MANAGEMENT (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at https://sam.gov/SAM/ and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.

ADDITIONAL VETBIZ INFORMATION:

(a) Eligibility of SDVOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs.

(b) At the time of submission of bid, the Bidder must represent to the contracting officer that it is a—

(1) SDVOSB concern

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) Verified for eligibility in the VIP database.

(c) A joint venture may be considered an SDVOSB or VOSB concern if

(1) At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and

(4) The joint venture meets the requirements of 13 CFR 125.15(b), modified to include Veteran-owned small businesses where this CFR section refers to SDVOSB concerns.

(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.

JOINT VENTURES - See 13 C.F.R. § 121.103:

(h) Affiliation based on joint ventures: A joint venture is an association of individuals and/or concerns with interests in any degree or proportion consorting to engage in and carry out no more than three specific or limited-purpose business ventures for joint profit over a two-year period, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally.

This means that a specific joint venture entity generally may not be awarded more than three contracts over a two-year period, starting from the date of the award of the first contract, without the partners to the joint venture being deemed affiliated for all purposes. Once a joint venture receives one contract, SBA will determine compliance with the three awards in two years rule for future awards as of the date of initial bid including price.

As such, an individual joint venture may be awarded more than three contracts without SBA finding general affiliation between the joint venture partners where the joint venture had received two or fewer contracts as of the date it submitted one or more additional bids, which thereafter result in one or more additional contract awards. The same two (or more) entities may create additional joint ventures, and each new joint venture entity may be awarded up to three contracts in accordance with this section. At some point, however, such a longstanding inter-relationship or contractual dependence between the same joint venture partners will lead to a finding of general affiliation between and among them.

For purposes of this provision and in order to facilitate tracking of the number of contract awards made to a joint venture, a joint venture must be in writing and must do business under its own name, and it may (but need not) be in the form of a separate legal entity, and if it is a separate legal entity it may (but need not) be populated (i.e., have its own separate employees). SBA may also determine that the relationship between a prime contractor and its subcontractor is a joint venture, and that affiliation between the two exists, pursuant to paragraph (h)(4) of this section.

NOTICE TO PROCEED (NTP):

A Notice to Proceed (NTP) shall be issued after award of a fully executed contract. The NTP date and time are “to be determined” after award to a successful Bidder. Primary factor in determination to issue NTP shall be the Prime Contractor submission of, and the Government review and approval of, both Payment and Performance Bonds, if required, both of which are enforceable legal documents.

SOLICITATION AUTHORITY:

This Invitation for Bid (IFB) is conducted under FAR Part 14 – Sealed Bid procedures, where firms are Bidders and shall submit a bid. References to RFP and Bidder’s, in technical specification sections and technical drawings are strictly coincidental and strictly for purposes of administrative convenience and efficiency. The Contracting Officer exercises final authority over all aspects of this IFB and any resultant contract.

SOLICITATION CLAUSES AND PROVISIONS:

Please note that this IFB, and any resultant contract, and all clauses and provisions located herein, supersede and contain final authority. Those clauses and provisions that may be referenced in IFB technical specification sections and technical drawings are strictly coincidental and are for purposes of administrative convenience and efficiency.

SOLICITATION DEFINITIONS:

Throughout this solicitation, and any resultant contract, the terms Contracting Officer's Technical Representative (COTR), Contracting Officer's Representative (COR), Project Engineer (PE), Resident Engineer (RE), and Project Manager (PM), all denote the same engineering official and may be used equally and interchangeably as described by the Contracting Officer (CO).

SMOKE AND CARBON MONOXIDE MONITORING REQUIREMENTS:

Contractor and its employees, as well as subcontractors and their employees, shall adhere to VA, VHA, and VAPAHCS Policies for smoke and carbon monoxide monitoring requirements. They are available upon request from COR.

WORK DAYS AND HOURS:

The Contractor is required to conduct construction services during normal business hours of 8:00 am to 5:00 pm, Monday through Friday, excluding federal government holidays, unless approved by the COR. If a shutdown is required to perform this work, a 30-day advance notification is required. It is the intent of the Palo Alto VA Medical Center that the work is to be completed within 180 calendar days from the issuance of the Notice to Proceed (NTP). The Contractor shall not conduct construction services when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Access to the work site may be restricted to these hours and days.

FEDERAL HOLIDAYS:

The Contractor shall not work on recognized federal holidays, unless approved by the COR:

New Year's DayLabor Day
Martin Luther King DayColumbus Day
Presidents' DayVeterans' Day
Memorial DayThanksgiving
Independence DayChristmas

Also included would be any other day specifically declared by the President of the United States of America to be a National Holiday.

SECURITY OF DOCUMENTS:

Security requirements addressing the destructions of records, drawings, and specifications by the Contractor shall be accomplished in accordance with VA Directive 6371 dated 02 May 2008.

SECURITY REQUIREMENTS (GENERAL):

1. All personnel employed by the contractor in the performance of work, issued under this contract, or any representative of the contractor shall abide by all security instructions and directives of the Department of Veterans Affairs. Employees are responsible for safeguarding all government property provided for contractor use.

1. At the close for each work period, government facilities, equipment and materials shall be secured, lights, and all doors and window secured.

1. The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of the station/campus and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified during background checks.

1. Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Employees and subcontractors later found to be undocumented or illegal aliens will be remanded to the proper authorities.

1. Contractor Badge Policies: All requests for contractor ID badges will be submitted through the station Police/Security office.

1. Vehicle registration, proof of insurance and a valid driver’s license must be presented for all vehicles while operating on the station/campus. All vehicles entering the station/campus are subject to search. Any refusal or non-consent by an employee will result in termination of their access and immediate confiscation of their ID badge.

Department of Veterans Affairs VA Palo Alto Healthcare System, Palo Alto Division 3801 Miranda Ave, Palo Alto, CA 94304 PA - Replace Dental Casework B100 CONSTRUCTION

DIVISIONAL COST BREAK-OUT / CALCULATION SHEET

Please provide a complete Divisional Cost Break-Out for the complete project. Pricing must be submitted on all individual line items of the pricing schedule / calculation worksheet. Required format is stated below. If necessary, add additional line items for each Division applicable to this project. Failure to do so may be considered non-responsive and may cause rejection of bid.

CALCULATION OF SELF-PERFORMED / SUBCONTRACTED WORK

Bidders for Commercial and Institutional Building Construction (NAICS code 236220, Size Standard $36.5MM) must provide at least 15% of this NAICS code of the cost of the contract performance incurred for Personnel will be spent on the concern's employees or the employees of other eligible Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns.

Provide a breakdown of Personnel and Material/Equipment costs by specification division listed for the project. Bonds, Insurance, Home Office Overhead, and Profit costs shall then be added after all Personnel and Material/Equipment costs have been calculated and subtotaled.

Clearly identify the Personnel costs that your firm will be performing and the Personnel costs of other eligible SDVOSB concerns. If both Prime and Subcontractor will work on same division, separate out the costs into two separate lines, one for Price and one for Subcontractor. For Example:

· Division 010000 – Prime Contractor (SDVOSB) - include Personnel and Material/Equipment costs of Prime contractor portion; then,

· Division 010000 – Subcontractor (state if sub is SDVOSB or not) - include Personnel and Material/Equipment costs of Subcontractor portion.

Required format (example, please modify to include correct Specification Divisions):

Specification Division

SDVOSB? (Y or N)

Personnel Material/ Equipment

Sub-Total

010000
DIVISION 1 – GENERAL REQUIREMENTS
$
$
$
020000
DIVISION 2 – EXISTING CONDITIONS
$
$
$
050000
DIVISION 5 - METALS
$
$
$
060000
DIVISION 6 – WOOD AND PLASTIC
$
$
$
070000
DIVISION 7 – THERMAL AND MOISTURE PROTECTION
$
$
$
220000
DIVISION 22 – PLUMBING
$
$
$

OTHER*

$
$
$
Bonds
$
Insurance
$
Home Office Overhead
$
Profit
$
TOTAL PROJECT BID AMOUNT
$

*Add lines, if necessary, for each division applicable to this contract.

CALCULATION OF SELF-PERFORMED PERSONNEL COSTS

1. Total personnel costs * both prime and all subcontractors: $__________________

2. Subtract all subcontractor personnel costs* that are not SDVOSB companies that will perform work on this contract: $__________________

3. Remainder is ‘Total amount of work to be self-performed under the Contract: $__________________

4. Self-performed work = Line 3/Line 1 x 100 = __________%

*personnel costs include labors, mechanics, other tradesmen, and office personnel directly charged to the project (includes project manager, job superintendent, administrative, estimators, etc.)

I certify the above representations are true and correct to the best of my knowledge.

___________________________________________________________
(Signature and Typed Name of Authorized Representative)Date

(Title of Authorized Representative)

PER VHA DIRECTIVE 7715 (06 April 2017) - SAFETY & ENVIRONMENTAL RECORD AND EXPERIENCE MODIFICATION RATE (EMR):

Contractor Certification Regarding Project:

To be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an EMR of equal to or less than 1.0.

All Bidders shall submit the following information pertaining to their past Safety & Environmental Record and EMR with their bid.

1. SAFETY & ENVIRONMENTAL RECORD: A self-certification on company letterhead that the contractor has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

1. EMR: All Bidders shall submit information regarding their current EMR. This information shall be obtained from the Bidder’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder’s EMR is above 1.0, Bidder must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the EMR, and the anticipated date the EMR may be reduced to 1.0 or below.

2017
2018
2019

Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations. (Four serious, one repeat, or one willful disqualifies the contractor.)

Number of violations from EPA within the last 3 years. Please attach explanation for any violations.

Company’s Current Insurance Experience Modification Rate (EMR) = _____________ (Note: Contractor must support the EMR with a signed letter from Insurance Carrier on their letterhead.)

Signature: ______________________________________________

Print Name: ______________________________________________________

36C26120B0016 Section C

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SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] 36C26120B0016 Section D

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SECTION E - INSPECTION AND ACCEPTANCE

36C26120B0016 Section E

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FAR Number
Title
Date
52.246-12
INSPECTION OF CONSTRUCTION
AUG 1996

SECTION F - DELIVERIES OR PERFORMANCE

FAR Number
Title
Date
52.242-14
SUSPENSION OF WORK
APR 1984
52.247-34
F.O.B. DESTINATION
NOV 1991

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 09/21/2020. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

F.2 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE

36C26120B0016 Section F

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SECTION G - CONTRACT ADMINISTRATION DATA

[For this Solicitation, there are NO clauses in this Section] 36C26120B0016 Section G

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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.

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