VA261-17-B-0515-018.docx

VA261-17-B-0515 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)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

VA261-17-B-0515

X 12-04-2017

VA261-17-B-0515

612A4-13-311 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California Healthcare System 10535 Hospital Way, Bldg 650, Rm 3D112 Mather

CA

93703 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California Healthcare System 10535 Hospital Way, Bldg 650, Rm 3D112 Mather

CA

95655-4200 William W Hall Jr 916-843-9179 Project Title: Building 700 First Floor Renovations, Imaging Department VA Northern California Healthcare System 10535 Hospital Way Mather, CA 95655 Project Number: 612A4-13-311

Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, mechanical, electrical, plumbing, fire protection systems, fire alarm systems, etc., and furnish labor and materials and perform work for the construction and renovation of existing space in Building 700, VA Nothern California Healthcare System located in Mather, CA 95655 as required per the specifications and drawings.

In accordance with VAAR 836-204 - Disclosure of the magnitude of construction projects, the magnitude of the VA (Veterans Affairs) project being solicited under this IFB is between $5,000,000 and $10,000,000.

This project is being solicited under NAICS Code 236220 and Small Business Size Standard of $36.5 Million.

Note #1 TO BIDDERS: A pre-bid conference and site visit shall be held on December 19, 2017 at 9:00 am PT at the VA Northern California Healthcare System, 10535 Hospital Way, Mather, CA. 95655 Bldg. 650, Engineering Conference Room.

Note #2 TO BIDDERS: This procurement is a 100% Total Service Disabled Veteran Owned Small Business Set-Aside in accordance with Public Law 109-461.

Note #3 TO BIDDERS: IAW FAR 14, Sealed Bids. Award will be based on price and price related factors.

Note #4 TO BIDDERS: All Request For Information (RFI's) shall be submitted to the Contract Specialist, william.hall6@va.gov & denise.groves@va.gov, in writing, by January 3, 2018 @ 11:00AM PT.

Note #5 TO BIDDERS: Bid Bonds, Payment Bonds and Performance Bonds shall be required under this solicitation and any resultant contract.

note 6 to Bidders: Current specifications, in the solicitation, contain a requirement for Guaranty Period Services .

Disregard them. They are being removed from this solicitation. An ammendment with updated specification will be posted at a later date.

X X 52.211-10 X Zero (0)

10:00AM PT

01-25-2018 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd., Bldg. 98 McClellan

CA

95652-1012 Department of Veterans Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 Denise R. Groves Contracting Officer

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

VA261-17-B-0515 Section B

Page 1 of Page 1 of

PRICING SCHEDULE FOR DEDUCT ALTERNATES – ATTACHMENT A

0001 BASE BID – Building 700 First Floor Renovation – Imaging Department Provide all materials, labor, tools, equipment, transportation, supervision, project management, administrative support, and specialized expertise necessary to renovate existing space on the first floor, approximately 7500 square feet, for the Imaging Department. The new space shall include Cath Labs, Cardiac CT Scanner Room and associated control equipment rooms, Holding/Prep Recovery rooms, Nurse Station, Stress Lab, and other support spaces as required by the Statement of Work, drawings, specifications, and attachments at the Veterans Affairs Northern California Healthcare System (VANCHCS) located in Mather, CA.

Provide all materials, labor, tools, equipment, transportation, supervision, project management, administrative support, and specialized expertise necessary to renovate existing space on the first floor, approximately 7500 square feet, for the Imaging Department. The new space shall include Cath Labs, Cardiac CT Scanner Room and associated control equipment rooms, Holding/Prep Recovery rooms, Nurse Station, Stress Lab, and other support spaces as required by the Statement of Work, drawings, specifications, and attachments at the Veterans Affairs Northern California Healthcare System (VANCHCS) located in Mather, CA. This alternate will delete all demolition work in Phase 2 Construction area including (E) M/W Restroom 1A029, (E) ER Staff Lounge 1A027, (E) G.I. Lab 1A025, (E) ER MD Office 1A227 and (E) Corridor C1-109 and delete all construction work in Phase 2 Construction area associated with the new Cardiac CT Scan 1A-010, Control Room 1A-010A, and Stress Lab 1A-018.

The “Alternate Bid 1 Price” should reflect the base bid (above) minus Deduct Alternate 1.

Alternate Bid 1 Price $________________________________

Page 1 of

PRICING SCHEDULE

1 ‐ GENERAL CONDITIONS

2 ‐ SUBSTRUCTURE

3 – SHELL

4 ‐ INTERIORS

5 ‐ SERVICES

6 – EQUIPMENT AND FURNISHINGS

7 ‐ SPECIAL CONSTRUCTION & DEMOLITION

VA261-17-B-0515 Building 700 First Floor Renovation – Imaging Department

ATTACHMENT B

For Informational and Analysis Only Per FAR 15.404-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Department of Veterans Affairs VA Northern California Health Care System 10535 Hospital Way Mather, CA 95655

Scope of Work Bldg. 700, 1st Floor Renovation, SMC Project # 612A4-13-311

1. GENERAL

1.1 The project is located in Bldg. 700 at the VA Mather campus.

1.2 The construction project includes the renovation of 7500 SF for the Imaging department on the 1st floor of Bldg. 700. The new space shall include Cath Labs, Cardiac CT Scanner Room and associated control and equipment rooms, Holding/Prep Recovery rooms, Nurse Station, Stress Lab, and other support spaces as required by the specifications and drawings.

1.3 The construction will require 2 phases. The Contractor shall coordinate with the owner to minimize the disruptions to the other phased areas to keep them operable during construction.

Phase 1A Temporary Construction – Prior to starting any demolition or construction work in Phase 1 Construction area, provide and install new temporary partition and new temporary door assembly at (E) G.I. Lab 1A025 as shown on Drawings to allow continuous operation and access to (E) G.I. Lab. Relocate, extent and reconnect all utilities including, but not limited to, light switches, power receptacles, tele/data outlets, nurse call control and dome light, etc. as affected by the new temporary partition and new temporary door assembly.

Phase 1 Construction – Complete demolition and construction for entire project area except for the following rooms as shown on sheet AS1-1:

· (E) M/W Restroom 1A029

· (E) ER Staff Lounge 1A027

· (E) G.I. Lab 1A025

· (E) ER MD Office 1A227

· (E) Corridor C1-109

The exact boundary of Phase 1 Construction to be confirmed and coordinated with the COR in the field. All existing area outside the boundary of Phase 1 Construction area shall remain operational during the entire period of the Phase 1 Construction. At completion of Phase 1 Construction, obtain acceptance from Government for Government move-in. The Government shall occupy Phase 1 Construction area upon completion and prior to beginning work in Phase 2 Construction Area.

Phase 2A Temporary Construction – Prior to starting any demolition or construction work in Phase 2 Construction area, provide and install new temporary partition and temporary door assembly at new Electronics 1A-016 as shown on Drawings to allow access. Verify exact locations of temporary partition and access door with COR in the field.

Phase 2 Construction – Complete demolition and construction for the following rooms as shown on sheet AS1-1:

· (E) M/W Restroom 1A029

· (E) ER Staff Lounge 1A027

· (E) G.I. Lab 1A025

· (E) ER MD Office 1A227

· (E) Corridor C1-109 and any remaining area of the entire project.

The exact boundary of Phase 2 Construction to be confirmed and coordinated with COR in field. At completion of Phase 2 construction, obtain final acceptance from Government for entire project area.

The construction contract will have two (2) separate phases, each having its own period of performance. The total period of performance for the two (2) phases will be four hundred fifty-five (455) calendar days. Phase One will be comprised of three hundred seventy-five (375) calendar days. Phase Two will be comprised of eighty (80) calendar days.

2. PROJECT REQUIREMENTS

The contractor will follow interim life safety measures (ILSM) implementation during construction for phasing diagrams, code compliance, egress plans, construction barriers and coordinate all utility shutdowns that may impact hospital functions with the COR, the VA safety officer and the VA infection control requirements.

0. Contractor shall coordinate with the owner to minimize the disruptions to the other phased areas to keep them operable during construction.

0. Contractor shall coordinate with the owner to minimize the disruptions to the other phased areas to keep them operable during construction.

0. See attached drawings and specifications.

3. RECORDS MANAGEMENT

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

4. NCHS RULE OF THE STATION

DEPARTMENT OF VETERANS AFFAIRS

VA NORTHERN CALIFORNIA HEALTH CARE SYSTEM

RULES OF THE STATION

DEPARTMENT OF VETERANS AFFAIRS NORTHERN CALIFORNIA HEALTH CARE SYSTEM

The guidelines published in this issue are for the use and convenience of construction and maintenance contractors, vendors and others performing contract work at all Divisions of the VA Northern California Health Care System.

INDEX

CC. Damage to Government Property DD. Dust and Fume Control EE. Noise FF. Roads and Walks GG. Fire Safety Precautions

Contractors may request, in writing, approval to work other hours or weekends. Except for emergencies, the contract person should receive such requests two weeks before the scheduled work. When possible, Contractors will submit emergency requests at least two days before the scheduled work.

U. CONTRABAND. Contraband is any item prohibited by Federal Law on VA grounds. These items also include any item or material that a person might use in a threatening manner. Examples include, but are not limited to:

AA. OCCUPATIONAL HEALTH AND SAFETY: Contractors and their employees are expected to comply with and are subject to applicable OSHA and CAL-OSHA regulations as at any construction site. Contractor’s On-site Superintendent shall conduct daily construction site safety reviews.

BB. INJURY ACCIDENTS: The Health Care System does not have the equipment, facilities, or personnel trained to handle serious injuries. Call 911 for emergency medical assistance and notify the VA Police at 916-366-5401at Mather, CA.

CC. DAMAGE TO GOVERNMENT PROPERTY caused by the Contractor or his workmen, whether accidental or incidental to the work, shall be corrected immediately at the Contractor’s expense. This includes damage to lawns, shrubbery, irrigation systems, curbs, etc. Caused by construction vehicles/traffic and other operations.

DD. DUST AND FUME CONTROL will be exercised on all construction operations. Workers will be careful not to operate any vehicles, gas or diesel engines, or to perform any fume or dust generating process near a building intake system. Appropriate dust barriers will be utilized to mitigate dust entering into patient areas and/or the HVAC System. Barriers will be approved by Infection Control prior to work commencing. If Safety requires a more stringent barrier, the more stringent barrier will apply with Infection Control requirements are also satisfied.

EE. NOISE will be held to a minimum at all times. Jack-hammering, core drilling and other noisy or disturbing operations may have to be rescheduled to avoid interfering with surgery or other programs. OSHA standards related to decibels are a requirement in any event.

FF. ROADS & WALKS. Any debris dropped along egress from the station will be cleaned up immediately. Mud and dirt on roads and walks will be cleaned up as soon as the construction operation is complete or at the end of each day.

GG. FIRE SAFETY PRECAUTIONS. Contractors are expected to comply with all fire safety precautions. In the event of a fire or during regular fire drill, the contractor must vacate the construction site within the zone affected.

HH. ILSM AND ICRA PROJECT RISK ASSESSMENT. Contractor will submit the ILSM AND ICRA PROJECT RISK ASSESSMENT from for approval.

End of Scope of Work

VA261-17-B-0515 Section C

SECTION D - PACKAGING AND MARKING

[For this , there are NO clauses in this Section] VA261-17-B-0515 Section D

SECTION E - INSPECTION AND ACCEPTANCE

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

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

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

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

(End of Clause)

E.2 VAAR 852.246-71 INSPECTION (JAN 2008)

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

(End of Clause)

E.3 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)

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

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

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

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

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

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

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

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

(End of Clause)

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

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

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

VA261-17-B-0515 Section E (End of Clause)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 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 455 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)

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

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

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

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

(End of Clause)

F.3 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)

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

VA261-17-B-0515 Section F (End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

VA261-17-B-0515 Section G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

VA261-17-B-0515 Section H

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

I.2 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.