36C26121Q0188.docx

Department of Veterans Affairs Network Contracting Office 21 (NCO 21)

MULTIPLE-AWARD CONSTRUCTION CONTRACT

(MACC) GROUP 1

TASK ORDER PROPOSAL REQUEST (TOPR)

SITE VISIT

Project Number: 640A4-21-905 Project Title: Remove Bulk Oxygen Storage Bldg. 62

VA Palo Alto Nevada Health Care System

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 21

Description: THIS IS A TASK ORDER PROPOSAL REQUEST (TOPR). Proposals are being requested and shall ONLY be accepted from contractors who were awarded a Veterans Integrated Service Network 21 (VISN 21) Multiple Award Construction Contract Group1 from Network Contracting Office 21.

A proposal site visit shall be held at the VA Palo Alto, California (Livermore Campus) on Wednesday, December 16, 2020. Specific details on time and location are as follows:

Time: 10:00 AM Location: VA Palo Alto Health Care System Livermore Campus

Point of Contact: Charee Harris, 775-788-5511, charee.harris@va.gov

The purpose of the event is to provide industry with information on an opportunity to visit the site of the projects for which proposals shall be solicited. Additionally, these events serve to encourage industry participation and afford potential offerors additional information through a question and answer session prior to proposal submission.

Project specifications and drawings shall be incorporated into the TOPR and will be available for all potential offerors and shall be posted electronically through beta.sam.gov contract opportunities. .

10:00 AM Pacific

PAGE OF PAGES

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO.

4.

CERT. FOR NAT. DEF.

RATING

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5A. ISSUED BY

6. DELIVER BY (Date) 5B. FOR INFORMATION CALL: (No collect calls)

7. DELIVERY

NAME

TELEPHONE NUMBER

FOB DESTINATION

(See Schedule)

OTHER

AREA

CODE

NUMBER

9. DESTINATION

a. NAME OF CONSIGNEE

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

d. CITY

e. STATE

f. ZIP CODE

d. STATE

e. ZIP CODE 10.

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE ON

OR BEFORE CLOSE OF BUSINESS (Date) This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

ITEM NO.

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(a) (b) (c) (d) (e) (f)

a. 10 CALENDAR DAYS %

b. 20 CALENDAR DAYS %

c. 30 CALENDAR DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS

16. SIGNER

a. Name (Type or print)

b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP CODE

c. TITLE (Type or print)

NUMBER

IMPORTANT:

11. SCHEDULE (Include applicable Federal, State and local taxes)

12. DISCOUNT FOR PROMPT PAYMENT

(THIS IS NOT AN ORDER)

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (REV. 6-95)

Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

REQUEST FOR QUOTATIONS

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36C26121Q0188 12-10-2020 640-21-1-5281-0009

VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 120 Days After Notice to Proceed

Charee Harris 775-788-5511

VA Palo Alto Health Care System

4951 Arroyo Road Livermore

CA

94550 01-11-2021 See CONTINUATION Page Project Number 640A4-21-905

The contractor must provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to remove bulk oxygen tank in accordance with statement of work.

Place of Performance: Veterans Affairs Palo Alto Healthcare System, 4951 Arroyo Road, Livermore, California 94550 Period of Performance is 120 calendar days from issuance of notice to proceed (NTP). Bid, payment and performance bonds are NOT required.

NAICS 236220 (Commercial and Institutional Building Construction - $39.5MM) VAAR 836.204 Magnitude of Construction for this Project is Less than $30K.

This procurement is 100% set aside for SDVOSB VISN 21 MACC Group 1. MACC 1 Terms and Conditions Apply.

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Scope of Work

1.0 General Intent

1.1 The contractor must provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to Demolition the existing Bulk Oxygen tank and piping and alarm system and install a New Bulk Oxygen O2 Manifold system at Building #62. all components necessary to have a fully functioning Bulk Oxygen O2 Manifold system and Alarm system for the Department of Veterans Affairs Palo Alto Health Care System (VAPAHCS), at 4951 Arroyo Road Livermore Ca. 94550 building #62 in accordance with the NFPA 99 Health Care Facility Code 2018 and the NFPA 55 Compressed Gases and Cryogenic Fluids Code 2010 Edition.

1.2 The contractor must perform to the standards in this contract. This project shall take no longer than 120 calendar days from the notice to proceed to complete.

1.3 This project shall be supervised by the appointed COR to insure minimal impact to resident’s day to day activities and minimal noise. Scheduling of work shall be at the convenience of the VAPAHCS.

2.0 General Information and Requirements

2.1 The objective of this project is to downsize from the current oversized system and consolidate to a minimized system for the current operated capacity that is correct to the building needs of the Livermore Division Building #62.

2.2 The contractor shall provide operation and maintenance instructions, and manufacturer documentation at the completion of the project. Manufacturer documentation and maintenance schedule to be provided in close out documents.

2.3 The contractor shall provide all tools, equipment, and personal protective equipment necessary to complete this project as deemed by industry standards, this SOW, all related specifications, applicable code requirements, and site policy.

2.4 The contractor shall provide daily cleanup and securing of work site, including securing tools and equipment. Disposal of all waste and debris is at the contractor’s own expense.

2.5 The contractor shall provide quality control of all work conducted and the individual appointed shall be competent and educated/experienced in the field of work this scope encompasses.

2.6 All work shall be coordinated with the COR assigned to this project and only commence once approved.

2.7 Badges: Contractor will obtain required ID badges for all employees used on project at start of each workday; Report the COR for escort to the station police service for sign in and badge issuance.

2.8 Security: The contractor and their personnel shall be subject to the same Federal laws, regulations, standards, and VA policies as VA personnel regarding information and information system security.

2.10 Schedule: Normal work hours will be 8:00am – 4:30 pm Monday-Friday excluding Government holidays unless otherwise approved by the COR. It is the intent of the Palo Alto VA Medical Center that the work is to be completed within 120 calendar days from the issuance of the Notice to Proceed (NTP). Any request to utility shutdowns must be requested in writing at a minimum of 30 days prior to the requested day of shutdown.

2.11 Codes and Standards: The Contractor shall follow all applicable codes and standards to this type of work including but not limited to Health Care System Memorandums (HCSM), OSHA Guidelines, Lock-out-Tag-out, and Rules of Station. If any code/standard is found to be contradictory; the authority having jurisdiction (COR) shall make the final determination and work shall proceed at no additional cost to the Government.

3.0 Specific Tasks

3.1 The contractor shall provide all supervision, administrative and technical support, labor, subcontractors, tools, transportation, materials, supplies and equipment.

The contractor shall plan, schedule, and ensure effective completion of the following tasks:

Installation of New Bulk O2 Oxygen Manifold system of steel "H" medical oxygen cylinders on a rolling bank of 6 and all necessary components to have a fully functioning Bulk O2 Oxygen Manifold system.

Contractor shall provide labor and Material for the following:

· Installation of new piping system to tie into the existing Building #62 inlets.

· Installation of new Steel "H" medical oxygen cylinders and all components needed for operations of system.

Installation of New Bulk O2 Oxygen Manifold Alarm System and all components necessary to have a fully functioning Bulk O2 Oxygen Manifold Alarm system.

Contractor shall provide labor and Material for the following:

· Installation of new Alarm system and components to tie into the current existing Building alarm systems.

Electrical for the Construction and Installation of New Bulk O2 Oxygen Manifold system and Alarm System and all components.

Contractor shall provide labor and Material for the following:

· Electrical Installation and Electrical connections and parts to be all inclusive as part of the system installation and completion of new system.

Demolition and removal of the existing Bulk Oxygen Alarm, piping system and tank.

Contractor shall provide labor and Material for the following:

· Demolition and Removal of all existing piping and cap all piping that cannot be removed.

· Demolition and Removal of the current alarm system and electrical components.

· Demolition and Removal of the existing Liquid Oxygen, USP Tank.

Crane and Crane Operations is to be included for the removal of the existing Bulk Oxygen Tank.

Contractor shall provide labor and Material for Crane and Crane Operations for the following:

· Demolition and Removal of the existing Liquid Oxygen, USP Tank.

Demolition and removal of the existing Canopy, Racking and fencing from the old Bulk Oxygen system pad.

Contractor shall provide labor for the following:

· Demolition and Removal of all existing fencing.

· Demolition and Removal of all fence post and components.

· Demolition and Removal Racking and components of the existing Liquid Oxygen, USP Tank.

Contractor shall verify all equipment is working per normal operation.

Contractor shall test the alarm system for all critical points.

Contractor shall furnish as-built drawings.

Contractor shall provide electrical labor for the following:

· Mount New panel and equipment modules with Alarm System.

· Pull wire to new devices if needed.

· Demo existing panel and wire to devices to be removed.

· Label all control wiring to control panels and devices.

Medical Gas System Technician of expert mater shall provide the following:

· Startup and Commissioning Support

· Technical Support insure a fully working system

Contractor shall provide third party for the following:

Contractor shall provide the following:

· Testing and certification of system.

· Permit to Operate upon completion of the system.

· Electrical work.

· Disposal of all removed equipment and Tank.

Contractor shall provide dedicated project manager for project entirety

4.0 Technical Exhibits

Specifications (see attached, listed below)

01 32 16 PROJECT SCHEDULES

01 33 23 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

01 35 26 SAFETY REQUIREMENTS

01 42 19 REFERENCE STANDARDS

01 45 00 QUALITY CONTROL

26 05 11 REQUIREMENTS FOR ELECTRICAL INSTALLATIONS

02 41 00 DEMOLITION

13 05 41 SEISMIC RESTRAINT REQUIREMENTS FOR NON-STRUCTURAL COMPONENTS

Project No:640A4-21-905 Livermore Division O2 BULK OXYGEN upgrade 36C226121Q0188

Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for— Wednesday, December 16, 2020 at 10:00 AM Pacific

(c) Participants will meet at— VAPAHCS 4951 Arroyo Road, Bldg. 62, Livermore, CA 94550 (End of Provision)

QUOTATION SUBMISSION:

The following documents are to be included in the RFQ submission:

One (1) original completed Quotation amount entered in block 11 of the SF18 Offer page;

One (1) fully completed Supplemental Price Breakdown by Division Sheet

One (1) fully completed and signed SF 18 Offer page, acknowledgment of all amendments by completing blocks 15a, b, and c of the Amendment and attaching to the SF 18 Offer page;

One (1) Documentation of Safety & Environmental Record and Documentation of Experience Modification Rate (EMR) (See below instructions).

Offerors are responsible for ensuring and verifying their price and all required documents are received at the email address designated to charee.harris@va.gov and by the date and time specified in block 10 of the SF 18 Solicitation (subject to amendment). Any exception to the terms and conditions of this request for quotation will result in a nonresponsive quotation.

QUOTATION ARE TO BE SENT TO:

One (1) electronic copy via email of the price quotation are to be sent to arrive on or before the due date/time at the following email address:

Quotations have been authorized and are to be sent by email to Charee Harris at charee.harris@va.gov.

Solicitation number and title must be in the title of the email. Faxed quotations are not permitted under any circumstances.

REQUESTS 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 RFQ, which is to be sent via email to charee.harris@va.gov. See RFI form for specifics.

RFI responses will be responded to as necessary in amendment format, which will posted/e-mailed to all concerned.

Deadline for submission of RFIs for this solicitation is January 6, 2021 at 10:00 AM Pacific Time. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone requests for information will not be accepted or returned.

QUOTATION DUE DATE SCHEDULE:

Quotation volumes and the electronic copy are due by the date and time set for the receipt of quotations shown in Block 10 of the SF 18.

INSTRUCTIONS TO OFFERORS:

Quotation received after January 11, 2020 at 10:00 AM Pacific Time may be rejected.

Any exception to the terms and conditions of this RFQ will result in a nonresponsive quotation.

Failure to provide a definitive price or conditioned price will result in a nonresponsive quotation. Receipt of a Price Quotation must be in accordance with terms and conditions of this RFQ. Offerors must acknowledge (in writing only) amendments to this solicitation, otherwise a quotation may be determined nonresponsive.

The apparent successful offeror must be determined as “responsible” by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications.

SITE VISIT:

Potential Offerors are strongly 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-offer site visit, which will be the only opportunity for potential Offerors to visit the site. All potential Offerors, subcontractors, and suppliers are strongly encouraged and expected to attend the pre-offer site visit.

BID GUARANTEE:

As required a bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for the opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

PERFORMANCE & PAYMENT BONDS:

In accordance with FAR 28.102-1 and Contract Clause 52.228-15, offerors are reminded that any award amount over $35,000 shall require a Payment Bond (or other acceptable protection – see clause FAR 52.228-13), and awards exceeding $150,000 shall require both Payment and Performance Bonds. All bonds are due no later than 10 calendar days after award.

LIQUIDATED DAMAGES: N/A

WAGE DETERMINATION APPLICABLE TO THIS PROJECT:

General Decision Number: NV20190040 11/15/2019 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.

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

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 contractors shall submit information regarding their current EMR. This information shall be obtained from the contractor’s insurance carrier and be furnished on the insurance carrier’s letterhead. Must have an EMR of equal to or less than 1.0.

PRIVACY TRAINING:

All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative (COR).

TRAINING:

All employees of the general contractor and subcontractors shall have 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.

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.

The 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.

PLANS/SPECIFICATIONS/DRAWINGS:

Drawings and specifications are attached in electronic format to this solicitation. Contractors are responsible for downloading and printing their own plan sets. The VA will not provide hard copies of the drawings and specifications to any Contractor. Contractors are responsible for ensuring that any construction document package used for their quotation or construction is complete and up to date.

BRAND NAME OR EQUAL:

The RFQ may include the salient characteristics of the “or equal” aspect for determination of what is equal to any cited brand name. See FAR 52.211-6 for “brand name or equal” information. This is an extremely long, detailed, and comprehensive RFQ, including all specifications and drawings. Please note that, wherever a brand name is cited, contractor shall ensure, in any resultant contract, that any equal has the salient characteristics of the brand name. Lack of confirmation shall be grounds for Government inspection at any time and Government direction for replacement of materials or equipment by the Contractor at no increase in contract price or time.

SYSTEM FOR AWARD MANAGEMENT (SAM):

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

ADDITIONAL VETBIZ INFORMATION:

1. 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.

2. At the time of submission of offer, the offeror must represent to the contracting officer that it is a—

a. SDVOSB concern

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

c. Verified for eligibility in the VIP database.

3. A joint venture may be considered an SDVOSB or VOSB concern if,

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

b. Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

c. The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and

d. 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.

4. 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 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 offer 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 offers 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.

RESPONSIBILITY REQUIREMENTS:

A responsibility check will be accomplished for the apparent awardee prior to award. Checks of the VIP database (to insure apparently successful offeror is a verified Service Disabled Veteran Owned Small Business), System for Award Management (SAM) database (Central Contractor Registration, Online Representations and Certifications, and Excluded Parties List System to insure registrations are current, valid, and no debarment records exist). Any information retrieved or received by the Government that would be cause for negative or unsatisfactory responsibility rating may result in the offeror being determined ineligible for award.

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS:

The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon inclusion in the contract, the Contracting Officer’s Representative will verify that all contractor personnel have acquired EMS Awareness Training at their appropriate site or location.

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, and PROJECT MANAGER:

Any reference contained within solicitation documents, 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, his employees, his subcontractors, and their employees shall adhere to VA, VHA, and VASNHCS Policies for smoke and carbon monoxide monitoring requirements. They are available upon request from COR.

NOTICE TO PROCEED (NTP):

A notice to proceed shall be issued after award of a fully executed contract. The NTP date and time “to be determined” after award to a successful contractor. 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, both of which are enforceable legal documents

BASIS FOR AWARD

INTRODUCTION:

This is a price only selection conducted in accordance with Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures, supplemented by the Department of Veterans Affairs Acquisition Regulation (VAAR). These regulations are available electronically at https://www.acquisition.gov/ and https://www.va.gov/oal/library/vaar/

EVALUATION:

Price Only -- The Government will evaluate the lowest price offer to determine if the price is fair and reasonable for the work to be performed. To be considered fair and reasonable for the work performed, the evaluators will also check for appearance of unbalanced line item prices. If deemed necessary, the supplemental price breakdown information will be used to assist the Government in performing the price evaluation described above. Offers which are materially unbalanced as to prices for the basic requirement and the option quantities are not fair and reasonable. An Offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

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 Offerors shall submit the following information pertaining to their past Safety & Environmental Record and EMR with their offer.

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.

2. EMR: All Offerors shall submit information regarding their current EMR. This information shall be obtained from the Offerors’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an Offeror’s EMR is above 1.0, Offeror shall 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.

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:

DIVISIONAL COST BREAK-OUT

CLIN 0001

Remove Bulk Oxygen Provide complete Divisional Cost Break-Out for complete project. If necessary, add additional lines for each Division applicable to this project.

010000

DIVISION 1 - GENERAL REQUIREMENTS

OTHER

SUB TOTAL:

BONDS & INSURANCE

OVERHEAD

PROFIT

TOTAL PROJECT BID AMOUNT:

GENERAL CONDITIONS

4.1 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

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

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

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

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

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

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

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

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

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

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

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

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

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

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

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

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

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

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

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

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

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

g. The contractor/subcontractor agrees to:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA.