S06 36C24624B0008 Attachment I - SOW 3 May 2024.pdf

STATEMENT OF WORK

Project # 637-22-103

REPLACE AND UPGRADE CHILLED WATER SYSTEM

ASHEVILLE, NC

DATE: 03 MAY 2024

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.

REQUEST FOR INFORMATION (RFI)

The Contractor shall use the RFI process to ascertain the government’s intent and/or clarifications applicable to scope, drawings, specifications, and/or other contract documents. The Contractor shall identify the specific issue, applicable circumstances, proposed solutions, and a date by when a decision is requested to the COR. The COR shall provide a recommendation to the CO for approval. The Contractor will not be authorized to move forward regarding the issue(s) related to the RFI until formal direction is provided, in writing, by the CO or COR.

PROJECT WEBSITE

The Contractor shall establish a project website with real-time worldwide access available to the government within 15 days after Notice to Proceed (NTP). The website shall include, but not be limited to, a submittal tracker/register, an RFI tracker, a Contract and Contract Modification Tracker, a photo log, the project schedule, daily logs, and project progress and status reports, and correspondence. It shall provide a means to post by the Contractor and to post by the government and its identified key personnel, to include but not limited to, the Contracting Officer, Contracting Officer Representative, Projects Manager, Industrial Hygienist. Documents or other materials posted on the site may not be deleted without CO approval. The Contractor shall submit a complete digital archive of the site to the CO for project closeout. Hard copies (one copy of each) submitted to the Contracting Office shall be in letter size, six-section classification folders, earth red color with 2 inch capacity fasteners two hole punch at the top of the folder and tab dividers.

All documents will be submitted in hard copy with appropriate numbering for easy identification. More than one submittal may be sent in one folder, however, they must contain similar submittal types each folder (i.e, material submittals in one folder, meeting minutes in one folder, requests for information in one folder).

Hard copies shall be mailed on a bi-weekly basis at a minimum. The folders shall be filled to capacity.

There shall be no markings or labels on the outside of the folders. An index shall be provided in each folder stating what the folder contains. The Website shall also notify via email all applicable personnel of any changes to its project content (i.e. Uploads, Submittal submission coordination status such as submitted, resubmitted, approvals, denials, deletions, etc..) for the purposes of efficient information notification and completion of action items by either party.

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 7:00 a.m. to 5:00 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. However, the availability of waivers are not the responsibility of the Government and remain at the level of between the Contractor (Prime/Sub Contractor) and its subsequent Employees. The requirements for personnel whom employers grant a waiver will be required to wear face masks while within the Medical Center during the Influenza Season (01 Dec 20XX - 31 Mar 20XX).

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.

VA POLICE REQUIREMENTS AND EXPECTATIONS FOR CONTRACTORS:

1. Adherence to Law & Policy:

• All contractors, subcontractors, and all other personnel associated with the contract are expected to adhere to NC State Law (Traffic and criminal) and all federal criminal and civil codes, specifically those enumerated in 38 C.F.R. § 1.218 which are prominently posted at all VA entrances.

• Enforcement is conducted by VA Police officers on the main Asheville Campus and local police officers at all CBOC’s and MACPAC. Investigations are conducted by both VA Police and OIG Criminal Investigations at all properties; both agencies have power of arrest at all VA properties to include CBOC’s.

• Penalties for offenses range from collateral forfeiture/ fines, to federal imprisonment, depending on the severity of offense and sentencing factors.

• Traffic and parking offenses are prosecuted in federal (CVB) court and can also result in seizure and impoundment of vehicles and revocation of driving privilege on VA property.

• Operators of any vehicle or equipment on VA property must have a valid operator’s license recognized by the State of NC, and valid registration/ safety inspection if required, for all vehicles operated on property at all times.

• Introduction of weapons, unauthorized drugs, and alcoholic beverages on this property is prohibited. Persons entering this property consent to an inspection of all packages, luggage, and containers in their possession when arriving. Refusal of consent to search is basis for the denial of admittance.

2. Badging:

• All contracted personnel are required to prominently display the Photo-ID badge or sticker pass they are issued upon entry for work at all times while on VA Property. The decision of which type of ID will be issued is to be determined by the Contract Officer Representative.

• Photo-ID badges are available at the PIV/ Electronic Fingerprint Office (Building 15 1st Floor Asheville Campus) and stickers are available at Vendor Check-in (Building 47 Basement Asheville Campus)

3. Access Control:

• All grants of electronic or key access will be coordinated between the COR and the VA

Police (for electronic) or Locksmith (for keys).

• The project COR is ultimately responsible for all proxy cards or keys issued and will not allow unauthorized personnel to use either.

• Cards and keys will be returned intact upon the completion of the term of issuance or sooner if deemed necessary by the COR or VA Police.

4. Parking:

• Parking space availability is extremely limited on all Va campuses. Contractors must adhere to all parking regulations enumerated in 38 C.F.R. § 1.218 (a)(12) and only park in the area designated for their vehicle by the VA Police.

• Contractors must register for parking at the Asheville VA Police Office (Building 47 Basement Asheville Campus) and display the parking permit issued on the vehicle while parked.

• Work trucks may be temporarily parked near work sites providing this is pre-arranged with the VA Police and the vehicle does not interfere with lanes of travel or block emergency lanes.

• Parking at VA facilities other than Asheville Campus will be arranged through that facilities’ director or designee, usually the site administrative officer.

• Vehicles found blocking traffic or illegally parked are subject to seizure by boot or impoundment in addition to a criminal citation issuance.

• VA Police reserve the right to change parking arrangements if the need arises; all contractors will cooperate with adjustments to parking arrangements.

5. Traffic Control:

• VA Police will assist as available in blocking travel lanes and parking lots for construction projects; such assistance is limited to what can be accomplished without compromising required manpower for regular police operations and with consideration to safety.

• All coordination for lane and lot blocking must be communicated through the COR to the VA Police with as much prior notice as feasible, generally a minimum of two business days before hand with a full week preferable.

• Traffic direction/ assistance with oversized vehicles requires a minimum of two weeks prior notice from the COR due to manpower and authorization requirement considerations.

• VA Police Officers will only actively participate in traffic direction as a last resort or upon emergent circumstances. It is the responsibility of the contractor to provide manpower necessary to physically direct traffic. VA Police will assist with safety and enforcement issues as needed.

6. Area Security:

• It is the responsibility of the contractor to ensure accountability and security of their own property; the Department of Veterans Affairs assumes no liability for lost or stollen equipment and the VA Police will not prioritize contractor owned equipment for security checks above any other property.

• Construction sites are required at all times to be secure from unauthorized entry. Doors are not to be propped open or left unlocked when the area is unattended.

• VA owned property utilized or manipulated by contractors must be returned intact and may not be removed without prior authorization coordinated through the COR.

7. Reporting:

• Loss or damage of equipment, theft or other criminal activity, and any vehicle accidents are to be immediately reported to VA Police.

Contractors are required to cooperate with all law enforcement investigations and interactions including those with VA Police, VA OIG, and local Police. Such cooperation includes adherence to lawful orders from law enforcement, answering questions truthfully, and reporting any known criminal activity. Failure to cooperate will result in being asked to leave VA property regardless of employment or contract status.