509-24-201 - AE - SOW.pdf

Charlie Norwood VAMC Renovate for Patient Privacy, Building 801, Wing 5D

Project No. 509-24-201

Statement of Work, STATEMENT OF WORK

ARCHITECTURAL / ENGINEERING (A/E) SERVICES

Date: January 23, 2023

Project Title: Renovate for Patient Privacy, Building 801, Wing 5D

Project No.: 509-24-201

Location: Charlie Norwood VAMC, Augusta, GA, Downtown Division, Building 801

I. SCOPE OF WORK:

A. The objective of the NRM Project 509-24-201 is to provide necessary professional services, equipment, labor, materials, supervision, and tools to produce a design package suitable to renovate for Patient Priva cy the 16,500 sq. ft., Building 801, Wing 5D, located at 950 15th St., Augusta, GA 30901. The work includes, but is not limited to, site investigation, schematic designs, preparation of drawings, specifications, cost estimates, and construction period services for all disciplines. The A/E, to include subcontractors performing professional services under this contract, shall perform its services consistent with the professional skill and care ordinarily provided by A/Es practicing in the same or similar locality under the same or similar circumstances. The A/E shall perform these services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project.

The design development (DD) (preliminary drawings) design phases will take the design to 35% completion. It does not include editing of specifications. The contract document (working drawings) design phases will include 65%, 95% and 100% review stages. If the documents do not meet all the requirements of each submission, then the portions of the documents that are not acceptable by the VA according to the design standards and criteria must be updated by the A/E and approved by the VA prio r to moving on to the next scheduled submission.

The VA will provide requested As-Built drawings (in AutoCAD, PDF, and/or JPG form), if available, on an FTP site that the A/E shall set up for design purposes. The A/E is encouraged to review all drawings with the assigned VA COR (Contracting Officer’s Representative) to verify what areas the project entails.

The A/E shall coordinate with the VA COR prior to viewing the drawings located at the VA and shall not remove any documents from the files.

The existing floor area/facilities of Wing 5D and the drawings on file at the VA may not be 100% accurate and may not exactly reflect the current conditions of the CNVAMC. It is the responsibility of the A/E to review the existing drawings and verify the existing conditions. The design and construction shall mimic most of the infrastructural improvements of the recently completed patient privacy project-ward 6A.

B. Project Description: Provide design services to Renovate for Patient Privacy, Building 801, Wing 5D.

Scope of work to include, but is not limited to site investigation, designing, prepare drawings, phase planning, specifications, cost estimates for all disciplines, and construction period services for project 509-

22-101, Renovate for Patient Privacy, building 801, Wing 5D. Project will renovate approximately 16,500 square feet on the 5th floor of building 801. Project will include replacement of air handling unit, demolition, asbestos abatement, architectural, mechanical, etc. The A/E will be required to attend phase meetings to discuss progress with the VA staff. The A/E will be required to take meeting minutes and distribute to the VA for approval and as documentation of what was covered within five business days of the meeting.

The A/E shall show a detailed containment plan for infection control and hazmat control, where required during construction design. This plan shall be detailed showing locations and what infection and hazmat control requirements are to be used for each area. Construction barriers will be required for the duration of the construction to isolate staff from dust, debris and construction hazards. The A/E shall indicate these construction barriers on their drawings.

C. Design Tasks:

1. SITE INVESTIGATION: The A/E shall review the existing field conditions and conduct a site survey of all areas listed above to ensure that the design meets the VA expectations and minimizes unforeseen conditions. The A/E shall also review the as–built drawings and the site drawings.

Available as–built drawings and related other project drawings will be provided to the A/E upon request, but field verification by the A/E must be completed to confirm existing site conditions and to collect data as required for design development work to successful completion of design and construction documents. Where there are no as-built drawings of the Wing 5D-CNVAMC, the A/E will first produce one that will be used for this site investigation.

2. DEMOLITION

3. ARCHITECTURAL: Field verification of elevations and architectural dimensions are crucial to the success of this project. The connection of existing and new constructions shall blend and make sense esthetically and functionally. Patient and Family Centered Care concepts are to be included in the design of this project. These concepts are outlined in the VA technical information library design guide documents. Design space and floor plan to comply with VA Design Manuals

4. ENGINEERING: Engineering work may include, but is not limited to, Electrical, HVAC, and

Plumbing. Engineering systems need to be evaluated and updated to meet the latest Design Criteria.

The A/E must meter electrical panels before any planned connection to insure available capacity. The

A/E shall evaluate existing As–Built drawings and any other projects that may affect the design or a ny other aspect of the project.

5. INDUSTRIAL HYGIENIST: A/E shall include in their proposal a Certified Industrial Hygienist

(CIH) that will assess and perform a thorough inspection of project area for presence of asbestos containing materials, including category 1 and category 11 non-friable ACM that may be encountered during the construction project. The CIH shall be a third party not associated to the A/E or construction contractors.

a . ASBESTOS: The A/E shall investigate the construction site to verify the presence of any asbestos containing materials. Such as: Asbestos containing sprayed-on fireproofing, floor tile & mastic, and other asbestos containing / contaminated materials. If asbestos is identified, it is the A/E and their subcontractor’s responsibility to adhere to all VA, OSHA and Federal regulations of ACM procedures. There may also be state and local regulations that apply to the identification of asbestos-containing materials (ACM). The national Emission Standards for Hazardous Air

Pollutants (NESHAP) for asbestos applies to most demolition projects. The A/E shall research these areas and more while designing this project.

6. Information gathered during the thorough inspection will enable the A/E to recommend which requirements of the NESHAP or any other regulatory body for asbestos will apply to the demolition work during the construction stage. If asbestos is identified, the A/E’s 100% construction drawings shall reflect the identification of asbestos.

7. The A/E shall provide all documentation (i.e., calculations, reports, recommendations, etc.) that is appropriate to support the design effort and to keep the VA fully informed of all issues or potential problems.

8. The A/E shall provide an investigation and explanation of code requirements incorporated into the design. Furnish a copy of each code quoted or used in the design, when necessary to provide additional understanding of design decisions.

9. The A/E shall provide all schedules and tables used on the drawings in Microsoft Project™ and PDF.

D. Additional Requirements and Information:

1. LIFE SAFETY: The A / E shall design the necessary Life Safety and Interim Life Safety provisions for impacted areas, both temporary and permanent measures. The following areas shall be reviewed, but not limited to:

a . Current NFPA Code Compliance (Last issued codes only)

b. Environmental / EPA Impacts, Permits, etc.

c. OSHA Compliance (i.e., Demolition, etc.)

d. Security Property / Infrastructure Management, Homeland Security, etc.

e. Emergency Preparedness

f. Disability Accessibility Compliance

g. National and Local Codes. The A/E shall deliver a letter certifying compliance with all Life

Safety Codes and Requirements applicable to this project from a third party.

In addition, it is required that the A/E update all Life Safety Drawings associated with the designed space.

2. CODES, STANDARDS AND EXECUTIVE ORDERS: The Public Buildings Amendment Act of

1988, Public Law (Pub. L.) 100-678 requires Federal agencies to follow national recognized "model" building codes. The VA has adopted the latest edition of the following codes and standards as a minimum for all projects performed in the modernization, alteration, addition, or improvement of its real property and the construction of new structures. The VA design Manuals and Master

Specifications specify other codes and standards that VA follows on its projects:

a . VA Directives, Design Manuals, Master Specifications, VA National CAD Standard Application

Guide, and other Guidance on the Technical Information Library (TIL)

(http://www.cfm.va.gov/til/).

b. International Building Code (IBC) including International Mechanical and Plumbing Codes

c. NFPA 101 Life Safety Code (see notes below)

d. NFPA National Fire Codes except for NFPA 5000 and NFPA 900.

e. Occupational, Safety and Health Administration (OSHA) Standards

f. VA Seismic Design Requirements, H-18-8

g. National Electrical Code (NEC)

h. National Standard Plumbing Code (NSPC)

i. Safety Code for Elevators and Escalators, American Society of Mechanical Engineers (ASME) A

17.1.

j. ASME Boiler and Pressure Vessel Code

k. ASME Code for Pressure Piping

l. Architectural Barriers Act (ABA) including VA Supplement, Barrier Free Design

m. Building Code Requirements for Reinforced Concrete, American Concrete Institute and

Commentary (ACI 318)

n. Manual of Steel Construction, Load and Resistance Factor Design Specifications for Structural

Steel Buildings, American Institute of Steel Construction (AISC)

o. Energy Policy Act of 2005 (Epact)

p. American Society of Heating and Refrigeration Engineers (ASHRAE) 90.1, Energy Standards for

Buildings Except Low-Rise Residential Buildings

q. Federal Leadership in High Performance and Sustainable Buildings: Memorandum of

Understanding (MOU)

r. Executive Order 13423: Strengthening Federal Environmental, Energy, and Transportation

Management http://www.cfm.va.gov/til/

s. Executive Order 13514: Federal Leadership in Environmental, Energy, and Economic

Performance

t. The Provisions for Construction and Safety Signs. Stated in the General Requirements, Section 01

00 00, of the VA Construction Specifications

u. American Society of Heating and Refrigeration Engineers (ASHRAE), Ventilation for Acceptable

Indoor Air Quality – ASHRAE Standard 62.1

v. Safety Standard for Refrigeration Systems – ASHRAE Standard 15

3. NOTES: NFPA 101 primarily addresses life safety and fire protection features while the IBC addresses a wide range of considerations, including, but not limited to, structural strength, stability, sanitation, adequate light and ventilation, and energy conservation. VA buildings must meet the requirements of NFPA 101, and documents referenced by NFPA 101 in order to comply with the accreditation requirements of the Joint Commission. Therefore, designs shall comply with the requirements of the latest issued edition of NFPA 101, and documents referenced therein. Design features not addressed by NFPA 101, or documents referenced therein shall comply with the requirements of the latest edition of the IBC or as otherwise addressed above in this Program Guide.

For design features that are addressed by both the IBC as well as NFPA 101 or a document referenced by NFPA 101, the requirements of NFPA 101 or the document referenced by NFPA 101 shall be used exclusively. This applies even if the IBC requirements are different.

4. Conflicts between Nationally Recognized Codes and Standards and VA Requirements: Should a conflict exist between VA requirements and VA adopted nationally recognized codes and standards, the conflict shall be brought to the attention of the VA. The resolution of the conflict shall be made by the authority having jurisdiction for the VA to ensure a consistency system wide.

5. DRAWINGS: The A/E shall provide electronic copies of drawings at each review step generated in the latest version of AutoCAD™ and PDF format in individual sheet files on FTP site that the A/E shall set up. Include all associated support files (i.e., plot styles, external referenced files, etc.). This facility currently uses AutoCAD™ 2016. The standard drawing sizes shall be ARCH E1 (30” x 42”)

(Full size) and ARCH C (18” x 24”) (Half size). The format to be used in creating the CAD drawings

(i.e., layer / level structure, fonts, font sizing, file naming conventions, etc.) is that of the latest edition of the National CAD Standard (www.nationalcadstandard.org).

a . The A/E shall follow these level / layer formats, file – naming conventions, and symbol library.

b. Drawings are to be drawn from the VA’s “As-Built” or construction drawings updated by site verification, not scanned reproductions.

c. The final sets of the new construction drawings shall be sealed (embossed & ink stamps) and signed by each respective licensed Professional Engineer in their discipline, CIH, Architect and other necessary licensed professional consultants.

6. ESTIMATE SUBMISSION REQUIREMENTS: The A/E shall submit a construction cost estimate for all trade disciplines at each project submission. This estimate shall show the cost of construction, http://www.nationalcadstandard.org/ most likely to be reflected by the construction contractors' bids, if the bids were submitted on the same date as the estimate. The level of detail for this estimate shall be consistent with the degree of completeness of the drawings being submitted. Therefore, if it is shown, it must be priced. If it is shown in detail, it must be priced in detail. For detailed elements, "lump sum" or "allowance" figures will not be acceptable. The first page will be a summary page showing deductive bid items, contractor mark-ups, overhead, profit, special insurance, and bonding to reflect true construction costs. The breakdown shall reflect Bid Items 1, 2, and 3 separately, then in aggregate. Provide an electronic copy of cost estimates with each submittal. During the construction pre-bid process, the A/E shall provide electronic copies of cost estimates in any format as requested by the COR or the CO.

7. SPECIFICATIONS: The A/E firm may obtain the list of the complete VA Construction

Specifications from the VA Facilities Management Technical Information Library (TIL), which is located at http://www.cfm.va.gov/TIL/spec.asp. Any specifications that are edited by the contractor shall be submitted to the VA for approval. The edited version of the specification shall be in Microsoft

Word™ in the editing format and all changes shall be in RED. Contact the project COR to obtain a copy of these specifications on FTP site. This facility will provide the specification sections needed based on the master list provided in the first review. The A/E shall provide the final edited specifications on FTP site in Microsoft Word™. The VA uses MS Word™ 2016. The format shall be

1.5 spaced, left justified, 2-sided, laser quality, and courier-new size 10 font. Any files submitted electronically (including but not limited to specifications and drawings) shall not have the following characters in their file name: \ /: * ? “ < > | # { } % ~ &.

8. DESIGN SCHEDULES: Design schedules shall be submitted to the VA COR as a Microsoft

Project™ electronic file, with each invoice for payment and shall never be more than 4 weeks old.

Approximate time frames are presented below in calendar days. Actual timelines submitted for approval should reflect the project complexity and follow the format presented below:

Design Development “DD”

a. Kick-off meetings and A/E Site visits (Notice to Proceed): NTP

b. Submission of initial Documents and Schedule (DD1): NTP + 10 Days

c. First Submission of Design Development (DD1–15%): NTP + 38 Days

d. First Review Meeting and Return First Submission: NTP + 53 Days

e. Second Submission (Final Design Development) (DD2–35%): NTP + 81 Days

f. Second Review Meeting and Return Second Submission: NTP + 102 Days

End of Design Development “DD”

Contract Document Stage “CD”

a. Begin Contract Document Stage: NTP + 102 Days

b. Third Submission Contract Documents (CD1-65%): NTP + 167 Days

c. Third Review Meeting and Return Third Submission: NTP + 188 Days

d. Fourth Submission Contract Documents (CD2-95%): NTP + 253 Days

e. Fourth Review Meeting and Return Fourth Submission: NTP + 274 Days

f. Fifth Submission (Deliver Final Contract Documents) (CD3-100%): NTP + 295 Days

End of Contract Document Stage “CD”

9. REVIEW MEETINGS: The A/E is required to attend a design review meeting after each submission during the design process and provide meeting minutes to the VA for approval and distribution.

10. The A/E shall design the project in such a manner that the base bid shall include the sum of the work.

However, there must be deduct bid items. The resulting project must still be a viable project if all alternatives are deducted from the construction project. No matter which option is selected, the hospital must continue to function during construction.

II. DESIGN DEVELOPMENT (FOR EACH DESIGN PHASE “DD”):

A. FIRST REVIEW: Design Development (DD1) submission (Flow and Occupant Study Data) – 15% complete.

a . Submittals: One (1) complete set of 15% drawings (half size). Provide electronic copies of the entire submission on FTP site.

B. SECOND REVIEW: Design Development (DD2) submission – 35% complete.

1. Submittals: Two full size sets of 35% drawings. Provide electronic copies of the entire submission on

FTP site.

2. Specifications: Submit a cover letter and a list of Specific VA master specifications intended for use on this project.

3. Drawings: The A/E shall provide a full list of project drawings showing the scope and plan for each discipline involved.

a . All Disciplines:

1) Demolition

2) Provide one drawing to include Interim Life Safety Code Plan, Phasing Plan, Security and environmental barriers.

3) Show and identify existing conditions, sections, elevations, details, dimensions, and capacities. The A/E shall site verify all items.

4) Show extent of asbestos that will be encountered and limits of removal with cost estimate, if applicable.

5) Show items to be removed, all disciplines.

6) Show missing items and equipment that should be replaced (for example Nursing stations, etc.)

7) Provide symbol sheets and explanation of detail symbols used.

8) Provide a VA Title Sheet for entire set of drawings.

9) Provide layout and equipment options.

b. Architectural:

1) Show location of existing equipment to be removed, remain, or be relocated.

2) Show location of new equipment.

3) Floor plans that include all rooms, door swing, windows, corridors, closets, mechanical, and other spaces.

4) Show the structural grid with assumed column sizes, expansion and seismic joint locations, and location of special seismic structural features.

5) Show site survey and connection point locations.

6) Show fire protection on the Interim Life Safety / Phasing Plan Drawing.

c. Engineering:

1) Show existing including capacities. Furnish preliminary load calculations.

d. Phasing:

1) Present proposed phasing plans that will accomplish the construction work with a minimum amount of disruption to the normal operations of the hospital. Anticipate this project to be completed in single phase.

e. Calculations:

1) Submit all preliminary engineering calculations.

4. Estimates: Submit one (1) copy of the cost estimate (for all disciplines). See “Estimate Submission

Requirements.”

5. Asbestos: Outline area of work expected to disturb asbestos containing materials.

6. Acceptance: If the documents do not meet all the requirements of this submission, then the portions o f the documents that are not acceptable by the VA according to the design standards and criteria must be updated by the A/E and approved by the VA prior to moving on to the next scheduled submission.

C. THIRD REVIEW: Final Design Development (DD2) submission – 65% complete. After material of the

35% review has been reviewed, the A/E shall make necessary changes to incorporate the review comments and furnish the following:

1. Submittals: Two full and one-half size complete sets of 65% drawings, one (1) set of complete cost estimates and one (1) set of calculations, computations and engineering data. Provide electronic copies of the entire submission on FTP site, as well as, presenting the design drawings as paper copy.

2. Specifications: Submit one (1) set of revised lists of specifications to be used for this project.

3. Drawings: The drawings shall be 65% complete, and include the following information:

a . All Disciplines:

1) All demolition works.

2) Environmental controls (dust partitions, signage, etc.).

3) Show and identify existing, verified dimensions, conditions, and interfacing.

4) Show items to be removed.

5) Provide symbol sheets and explanation of symbols used.

6) Provide plans to show Interim Life Safety Plan, Phasing Plan, Security, and Environmental barriers. Submit, as a minimum, a single line layout for all floors and roof areas with double line exterior walls at a scale not less than 1/8" = 1'-0".

b. Site:

1) Ensure that the Contractor is aware of the limited parking and material staging areas at this location.

2) Ensure that the Contractor is aware of the limited working spaces of the project site.

c. Architectural:

1) Submit floor plans and 65% complete details, schedules, and large-scale plans.

2) Draw elevations at a 1/8” scale. As necessary, show heights, fenestration and materials.

3) Show and identify connections of new work to old work.

4) Show general notes and other schedule data.

5) Show the location of new equipment.

d. Engineering:

1) The engineering drawings shall be 65% complete, showing controls, component sizes, points of origination and termination, nomenclature, and all other items necessary for a contractor / estimator to do a take-off.

2) Ensure all equipment has required seismic certifications.

3) Provide a preliminary schedule, if applicable.

4) Provide an equipment schedule for all equipment (including all medical equipment), showing manufacturer or basis of design, voltage, amperage, phase, conduit size, and conductor size.

e. Phasing:

1) Present revised phasing plans that will accomplish the construction work with a minimum amount of disruption to the normal operations of the hospital.

4. Estimates: See “Estimate Submission Requirements.”

5. Acceptance: If the documents do not meet all the requirements of this submission, then the portions o f the documents that are not acceptable by the VA according to the design standards and criteria must be updated by the A/E and approved by the VA prior to moving on to the next scheduled submission.

D. FOURTH REVIEW: First Contract Document Submission (CD1) submission – 95% complete.

1. Submittals: Two full and one-half size sets of 95% drawings, one (1) sets of complete cost estimates and one (1) sets of calculations, computations and engineering data. Provide electronic copies of the entire submission on FTP site in accordance with section I.D.6, as well as, presenting the design drawings as paper copy.

2. Specifications: Submit one (1) copy of the specification sections to suit the project. All editing and mark - ups shall easily identify modifications, deletions, and insertions through tracking of changes with the word document. The electronic copy of specifications shall be merged into one document.

"Catch-all" terms and generalizations shall be avoided. Items not relative to the project shall be edited out. The specifications shall be substantially complete as to content, checked and coordinated so that only an overall review will be necessary at the final working drawing submission.

3. Drawings: The drawings shall be 95% complete.

a . All Disciplines:

1) Demolition work.

2) Environmental controls.

3) Show and identify existing, verified dimensions, conditions, and interfacing.

4) Show items to be removed.

5) Provide symbol sheets and an explanation of the symbols used.

6) Provide plans to show Interim Life Safety Plan, Phasing Plan, Security, and Environmental barriers.

b. Site:

1) Ensure that the Contractor is aware of the limited parking and material staging areas at this location.

c. Architectural:

1) Submit near complete floor plans and 65% complete details, schedules, and large - scale plans.

2) Draw elevations at 1/8" scale. As necessary, show heights, fenestration and materials.

3) Show and clearly identify connections of new work to old work.

4) Show environmental controls and including dust partitions.

5) Show general notes and other schedule data.

6) Show location of new equipment.

d. Electrical:

a . Engineering:

1) Provide all drawings, elevations, plans, details, and schedules. Indicate all circuiting of all systems on drawings. Show details and sections of all areas where possible conflict with other trades exists.

2) Show final sizes, ratings, feeders, and identification of all engineering equipment and outlets.

3) The drawings shall be substantially complete.

4. Phasing: Present proposed phasing plans that will accomplish the construction work with a minimum amount of disruption to the normal operations of the hospital.

5. Code: Provide an investigation and explanation of code requirements incorporated into the design.

Furnish a copy of each code quoted or used in the design.

6. Estimate: See “Estimate Submission Requirements.”

7. Acceptance: If the documents do not meet all the requirements of this submission, then the portions o f the documents that are not acceptable by the VA according to the design standards and criteria must be updated by the A/E and approved by the VA prior to moving on to the next scheduled submission.

E. FINAL SUBMISSION (100%): After material of the Fourth Review has been reviewed, the A/E shall make necessary changes to incorporate all review comments (VA, CITP Safety Review, etc.) and furnish the following:

1. Specifications: One (1) copy of the edited specifications. Format to be as stated earlier under

“Specifications.” Provide an electronic file of the specifications in MS Word™ with all specification files merged into one file.

2. Drawings: The drawings shall be 100% complete in every respect. Provide three (3) complete sets of printed drawings, two (2) full-size prints and one (1) half-size prints. Also provide one (1) electronic copy of the drawings in accordance with section I.D.6.

3. Provide all calculations for the project including, but not limited to, architectural, structural, and electrical.

4. Provide on FTP site all project materials, including drawings, specifications, and calculations.

F. CONSTRUCTION PERIOD SERVICES:

The duration of construction period services may be indeterminate. The A/E firm shall review the scope of work during the design process and anticipate what the project timeframe shall be and provide adequate construction period services. The time to award the construction contract after design completion is dependent of many things and cannot be determined exactly.

1. The A/E firm shall review and answer all RFI’s related to the design within 10 calendar days and review all submittals for the project within 10 calendar days. The A/E shall verify all equipment has required seismic certifications and submittals reflect such certifications. The A/E shall review and approve the acceptance testing results provided by the Contractor on behalf of the VA for all building and utility systems.

2. At project completion, the A/E shall incorporate the As-Built drawings from the Contractor and furnish one (1) updated sets of prints / record drawings and AutoCAD drawing and present all documents as electronic copy on an FTP site, as well as, presenting the design drawings as paper copy.

3. The A/E firm shall review all cost estimates for all Contractor change orders and shall review all change order requests. The VA reserves the right for final approval / disapproval.

4. Ensure equipment is installed per seismic codes and standards.

5. The A/E must conduct a total of twelve (24) site visits during the construction period. The A/E must also attend the close-out punch list walk through after construction is complete.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a . 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.

SECURITY INCIDENT INVESTIGATION:

a . The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH:

a . Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

SECURITY CONTROLS COMPLIANCE TESTING:

a . On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

BADGING:

a . All employees of general contractor and subcontractors shall comply with VA security management program a nd obtain temporary VA badges. This will require fingerprinting and background checks of everyone. The employees of the general contractor will obtain permission of the VA Human Resources, be identified by project and employer, and restricted from unauthorized access.

TRAINING:

a . All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timef ra m e required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required for this SOW.

***************End of A/E Design Services SOW****************