S02 36C24624B0008 Attachment Vl - SOW.pdf

STATEMENT OF WORK

Project # 637-22-103

REPLACE AND UPGRADE CHILLED WATER SYSTEM

ASHEVILLE, NC

SCOPE

Construction Services: Provide materials, labor, tools, supervision and equipment necessary to perform work as described in the construction drawings and specifications to be provided at solicitation. Work includes, but not limited to: Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials to perform the replacement of approximately 10,000 linear feet of chilled water piping system in the occupied hospital Building 47 at the Asheville VA Medical Center.

SITE ACCESS

The Contractor shall obtain and monitor assigned security badges, passes, and/or identification (used by prime contractor, designer, and/or subcontractor staff) used during the duration of the Contract. All security badges or passes shall be returned to the COR upon expiration of the badge, upon completion of the project, or when possession of the badge is no longer necessary (e.g., upon removal of contracted personnel from specific projects). The Contractor shall ensure access is authorized to the appropriate construction site and routes/areas required to complete the Contract. All personnel shall comply with Medical Center security rules and procedures.

HOURS OF WORK

The normal hours of work on installations are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. Off-hour work including evenings and weekends will be required for work which transmits noise and vibrations through the building structure. For work during other than these hours of work, the Contractor shall submit, in writing, for the Contracting Officer's approval, a notice of any period of scheduled work other than the normal hours of work specified above. This notice shall be submitted not less than two weeks prior to each period of work scheduled at times other than normal hours of work including holidays.

US Government holidays. When any of the US Government Holidays fall on a non-workday, the holiday will be observed on either the preceding or succeeding workday. The choice of any such preceding or succeeding workday shall be coordinated with the COR and the CO.

FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by Asheville VA Medical Center:

• New Year’s Day – 1 January

• Martin Luther King’s Birthday – Third Monday in January

• Presidents Day – Third Monday in February

• Memorial Day – Last Monday in May

• Juneteenth/Freedom Day – 19 June

• Independence Day – 4 July

• Labor Day – First Monday in September

• Columbus Day – Second Monday in October

• Veterans Day – 11 November

• Thanksgiving Day – Fourth Thursday in November

• Christmas Day – 25 December

• Any other Federal Holiday granted by the President of the United States

OTHER CONTRACT REQUIREMENTS

COVID SCREENING (IF REQUIRED)

Contractor shall submit to COVID screening daily in accordance with National VA policy when onsite or entering buildings. This will be coordinated with the COR before arrival at any VA facility.

INFLUENZA VACCINE

All contractors shall receive annual seasonal Influenza vaccinations and the GC is responsible for maintaining the required paperwork on site and must provide when requested by VA personnel.

TUBERCULOSIS SCREENING

Contractor shall provide written certification that all contract employees assigned to the work site have had a pre-placement tuberculosis screening within 90 days prior to assignment to the worksite and been found have negative TB screening reactions. Contractors shall be required to show documentation of negative TB screening reactions for any additional workers who are added after the 90-day requirement before they will be allowed to work on the work site.

NICOTINE FREE CAMPUS EFFECTIVE 1 OCT 2019

As part of the U.S. Department of Veterans Affairs’ (VA) commitment to provide excellent health care for Veterans, the department will implement a new policy restricting smoking by patients, visitors, volunteers, contractors and vendors at its health care facilities by October. VHA’s new smoke-free policy applies to cigarettes, cigars, pipes, any other combustion of tobacco and non-Federal Drug Administration approved electronic nicotine delivery systems (ENDS), including but not limited to electronic or e-cigarettes, vape pens or e-cigars.

COMPLIANCE

Compliance Awareness Training shall be completed by vendor prior to access at the Charles George VA

Medical Center (CGVAMC). Vendor has responsibility for “Duty to Report” any fraud, waste and abuse witnessed while on VA premises to the Compliance Officer.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes CGVAMC Clinic records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their CGVAMC contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as

National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR

Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of

44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. The CGVAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the CGVAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting

Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to CGVAMC. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to

CGVAMC control or the Contractor must hold it until otherwise directed. Items returned to the

Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the

Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY

PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The

Contractor (and any sub-contractor) is required to abide by Government and CGVAMC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

8. The Contractor shall not create or maintain any records containing any non-public Charles

George VAMC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The CGVAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which the Charles

George VAMC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take CGVAMC-provided records management training. The

Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.