36C24918R0123-001.docx

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614-18-106 - AE Correct Plumbing Piping & Replace Fixtures
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36C24918R0123
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36C24918R0123 P09 - Final SOW AE Correct Plumbing Piping - Replace Fixtures MEM.docx

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PART 1 – PROJECT DESCRIPTION

I. GENERAL SCOPE OF WORK: The A/E shall provide all necessary architectural and engineering services as required to prepare complete contract drawings, specifications, cost estimates, and construction period services for the project to “Correct Plumbing Piping and Replace Fixtures” at the Department of Veterans Affairs Medical Center in Memphis TN.

STATEMENT OF PROJECT OBJECTIVES

It is the intent of the Department of Veterans Affairs to have the A/E fully survey, investigate, and document the existing space and utility systems in order to gain the knowledge and insight necessary to prepare quality, accurate documents in a professional and competent manner. The project work includes but is not limited to the following:

1. The medical center campus has numerous potable water plumbing deficiencies that need to be corrected. Changes to the medical center have left unused water branches and dead legs. These dead legs are an area of stagnant water where legionella and other bacteria can grow. This project will correct dead end piping runs and other issues in the pipe routing.

1. Previous projects have already updated many of the fixtures to water conservation type. This project will replace the remaining fixtures with water conservation type.

1. Valves will be added to improve system balance and isolation capability.

1. Deteriorated piping will be replaced. The main issue is with dry rotting of sanitary piping and vents, resulting in thin walls and cracks. Accessing much of the piping will possibly require some architectural demolition and reconstruction.

1. VA Directive 1061 requires continuous monitoring of pressure, temperature, pH, dissolved solids, and oxidant residual of the water incoming from the utility. It also requires anti-scald devices installed at all showers and lavatories. These mixing valves must limit the hot water temperature at showers and lavatories to at or below 110° F. Continuous monitoring of temperature must be provided for discharge and return hot water piping at the hot water generators. Another requirement of the directive is to have the ability to conduct shock chlorination of the hot water and cold water systems.

1. A complete survey of suspect asbestos containing insulating materials is to be completed on the affected systems. Asbestos has been found in Building 1 on the cementitious cast material at joints and fittings, as well as the brushed on mastic coatings. Asbestos containing materials are to be abated due to condition as well as location where required to modify and correct piping.

1. The magnitude of the construction is estimated between $5,000,000 and $10,000,000. Deductive alternates are to be identified equal to 20% of the estimated construction cost. Estimating and cost control shall be part of every design phase and submission.

Building 1
Administration
1967

1. Instantaneous hot water heaters – like new

1. Monitoring system installed on CW, HW, and HWR

1. Issues

1. Dead-leg potable water piping

1. Dry rotting and cracked sanitary and vent pipe where underutilized

1. Thermostatic mixing valve needed at point of use for hot water, most locations

Pipe Basement
123,314
Utility
Ground Floor
143,640
Warehouse, Research, Radiation Oncology, Pathology, Boiler Plant
1st Floor
145,616
Clinical Lab, Main Radiology, Physical Medicine and Rehabilitation, Therapy Pool, Ophthalmology, Orthopedic, Dental, Mental Health Clinic, Mental Health Inpatient, Canteen Coffee Shop
2nd Floor
144,313
Main Kitchen, Canteen Food Court and Retail, Chapel, Medical Library, Neuropsychology, Mental Health Clinic, Mental Health Residential
3rd Floor
40,422
Operating Rooms, Post Anesthesia Recovery
4th Floor
22,512
Administration only
Equipment PH
365
Elevator
Building 1
Ambulatory Care
1984

1. Instantaneous hot water heater – like new

1. Issues

1. Dead-leg potable water piping

1. Galvanized steel potable water piping mains

1. Thermostatic mixing valve needed at point of use for hot water

Basement Floor
20,203
Administration only
1st Floor
20,203
Emergency Department, Outpatient Radiology
2nd Floor
14,949
Mechanical PH, OEF/OIF/OND and Polytrauma (2013 addition)
Building 1A
Bed Tower
2000

1. Instantaneous hot water heaters – original PKE ok

1. Issues

1. Thermostatic mixing valve needed at point of use for hot water, most locations without automatic faucets

Ground Floor
54,419
Inpatient Pharmacy, Outpatient Pharmacy, SPS, Chiller Plant, (2017 addition not in SF)
1st Floor
46,224
Nuclear Medicine, ENT, Audiology and Speech, (2017 addition not in SF)
2nd Floor
55,490
MICU, Cardiology, Respiratory, Nursing Unit
3rd Floor
57,389
SICU, Ambulatory Surgery, Vascular Lab, GI Lab, Nursing Unit
4th Floor
57,389
Dialysis, Hematology Oncology, Nursing Unit
5th Floor
55,507
Neurology, Geriatric, Nursing Unit
Equipment PH
3,238
Elevator
Building 5
Clinic Annex
1980

1. Instantaneous hot water heaters – like new

1. Monitoring system installed on HW and HWR, CW comes from Building 1

1. Issues

1. Thermostatic mixing valve needed at point of use for hot water, most locations without automatic faucets

Ground Floor
31,199
Women’s Clinic, Specialty Clinic
1st Floor
27,324
Women’s Clinic, Specialty Clinic
2nd Floor
10,111
Mechanical PH, PTSD (2012 addition)
Building 7
Spinal Cord Injury
1986

1. Instantaneous hot water heater – like new

1. Issues

1. Dry rotting and cracked sanitary and vent pipe where underutilized

1. Thermostatic mixing valve needed at point of use for hot water, most locations without automatic faucets

1. Thermostatic mixing valves installed on hot water entering patient rooms need to be eliminated

Pipe Basement
61,717
Utility
Basement Floor
73,800
Prosthetic, Research
1st Floor
79,786
GU/Urology, SCI Nursing Unit, Mobility Lab, Chiller Plant
2nd Floor
48,251
SCI Outpatient Clinic, Pharmacy, Rehabilitation
Equipment PH
3,500
Mechanical
Building 9
MRI
1990

1. Issues

1. Thermostatic mixing valve needed at point of use for hot water

1st Floor
6,785
MR1, MR2

PART 2 – DESIGN PERIOD

1. GENERAL

The A-E shall provide design period services to include drawings and specifications reflecting specific tasks identified in this statement of work document and as identified during project discussion meetings. A-E shall provide competent design period services using staff and consultants adequately knowledgeable of the various subordinate design disciplines including but not limited to: life safety and other building/utility systems as required for the project.

The A-E shall develop plans and system schematics for actual in-place components from VA-provided drawings and from field verification on site. Verify existing conditions affecting design. Information provided by VA on record drawings shall be verified for critical dimensions and critical components that may affect the design. A-E shall consider adjacent systems and components (architectural as well as utility systems) so as to avoid unforeseen site condition change orders to the construction contract. The A-E shall verify necessary building architectural and utility system components to provide for a full and complete design of replacement architectural elements and utility system components.

During the course of the project the A-E shall be required to attend project meetings. The A-E shall record meeting minutes and furnish meeting minutes and sketches as required to reach concurrence and approval by the design team members. Minutes shall be forwarded to all attendees within 36 hours of the meeting for review and comment. The A-E shall incorporate appropriate comments, finalize the meeting minutes and send out the final meeting minutes within one week of the meeting.

VA is contracting design period services to include Schematic Design (SD) Development, Design Development (DD), Construction Documents (CD), and Bid Documents. All submissions and related work for each design phase shall conform to the requirements in this document and Program Guide (PG)-18-15, Volume C A-E Submission Instructions as modified in this document. See the Access to VA Standards section of Part 3 for webpage to obtain PG-18-15.

Task
Calendar Days
Design Program
0
VA Review Design Program
0
Schematic Submission
30
VA Review Schematic Submission
10
DD1 Submission
60
VA Review DD1 Submission
10
CD1 Submission
50
VA Review CD1 Submission
10
CD 100% Check-set
20
VA Review CD 100% Check-set
10
Bid Documents
15
Total Days
215

2. SCHEMATIC DESIGN (SD)

Schematic Design reflects the basic work required to define the design scope of the project; includes options and what-if scenarios to allow VA to consider potential options for final design; and ensures arrangement of space complements the design scope as opposed to contradicting the design scope.

Schematic Designs vary to meet the specific design scope of the project. For instance, an architectural renovation may have a few potential designs represented schematically as concepts of patient/staff flow of people, materials, etc. being considered, but may not provide alternatives for utility systems until later discussions, whereas an infrastructure project renovating and/or replacing utility systems may have a few potential schematic designs representing the types of systems available and their application towards the specific project. The A-E shall submit the following in a single package and at one time per date identified in contract Special Provisions:

1. SD submittal package (PG-18-15 Volume C requirements as modified by this document)

1. Assembled minutes of meetings for work up to SD submission

1. Completed A-E Review Checklist for each applicable design discipline

Schematic comments returned by VA to A-E with:

1. General Comments

1. Drawing Comments

1. Specifications Comments

3. DESIGN DEVELOPMENT (DD)

Design Development includes initial work of the A-E required to represent the project as a set of drawings conveying the major intent of the project work. At this stage of project design, the physical layout of the new work should be shown. The A-E shall submit the following in a single package and at one time per date identified in contract Special Provisions:

1. DD submittal package (PG-18-15 Volume C requirements as modified by this document)

1. Assembled minutes of meetings for work up to DD submission

1. Completed A-E Review Checklist for each applicable design discipline

DD review comments returned by VA to A-E with:

1. General Comments

1. Drawing Comments

1. Specifications Comments

1. One Set of A-E DD drawings with using Service(s) approval signatures

1. Estimate Comments

1. Notes for specification details for sole source items, e.g. Johnson Controls, Notifier, etc.

4. CONSTRUCTION DOCUMENTS (CD)

The Construction Documents submission shall combine updates of all earlier sets of specifications and drawings and any other relevant project information (meetings, other discussions, etc) making up a complete set of project documents. The quality of and level of detail of the CD submission should be such that no further or minimal changes are needed. The CD submission shall incorporate all changes needed from earlier reviews and that a quick review shall show all information is presented in clear and concise format. Discussion of Contractor staging/parking/exterior space usage, management of phasing activities such as control of dust and debris (infection control), etc. shall occur during development of the CD submission. The A-E shall submit the following in a single package and at one time per date identified in contract Special Provisions:

1. CD submittal package (PG-18-15 Volume C requirements as modified by this document)

1. Assembled minutes of meetings for work up to CD submission

1. Completed A-E Review Checklist for each applicable design discipline

1. Include summary of staff participating in final drawing and specification quality review and date when check set review was completed.

CD review comments returned by VA to A-E with:

1. General Comments

1. Drawing Comments

1. Specifications Comments

1. One Set of A-E DD drawings with using Service(s) approval signatures

1. Estimate Comments

1. Electronic formats of VA specifications 01 00 00, 01 33 23 and any others required edited specifically for the project

1. Any comments regarding estimate

1. Electronic drawing showing project staging area on VA site plan for A-E to include in drawing package at final submission.

5. BID DOCUMENTS

The reproduction of specifications and prints is a reimbursable item within the contract. If additional sets are required, VA will request these in writing from the A-E and will compensate the A-E for additional reimbursable expenses to the extent the additional sets add expense.

1. A-E Provided Project Checklists: A-E shall provide a checklist of all submittals, certifications, tests, and inspections required per drawing and specification section. This checklist will show all products requiring submittals in the form of shop drawings, data sheets, manufacturer cut sheets, etc. as well as all other items shown as required submittal items including, but not limited to, reports, system evaluations, testing, operating and maintenance manuals, etc.

1. Submission Requirements: The A-E shall date all material and present the designs on VA standard size drawings that are appropriately labeled, “BID DOCUMENTS”, in large block letters above or beside the VA standard drawing title block. The A-E shall incorporate VA provided front-end solicitation documents.

The A-E shall submit 2 specification books and 1 full size and 3 half size drawing sets of reproduced project packages to VAMC Memphis, TN Engineering Department. The Contractor shall provide 4 Electronic bid set on DVD for the following disposition:

1. 1 ea including Editable Word Format of Specifications and PDF of the drawing set for Contracting Officer (NCO9)

1. 2 ea in PDF format including drawings only – Marked with “Drawings Only” and Project Number and Title for Contracting Officer.

1. 1 ea including Editable Word Format of Specifications, and PDF and 2016 (or compatible) AUTOCAD format of the drawing set for Contracting Officer Technical Representative to retain

Items i and iii above may be requested prior to completion of final bid specifications in or for the VA to submit for legal/technical review.

6. MODIFICATION TO PG-18-15, VOL C A-E SUBMISSION INSTRUCTIONS

Program Guide PG-18-15, VOL C provides a minimum level for submission compliance, which may not be adequate for certain, types of design. In some instances in which critical decisions need to be made, sufficient and relevant information has to be provided timely in order for the design to progress to meet certain milestone dates. The level of applicability of the program guide depends upon the scope of work and the exclusions, which are herein specified. Questions in regards to the applicability of specific requirements shall be resolved with the medical center staff prior to any submission deadline. For this project the following modifications to PG-18-15 Volume C are applicable:

Section I - General

1. Section I.A. – Introduction

0. This contract includes: Schematic, Design Development, and Construction Documents Submissions.

0. VAMC Memphis will provide existing background material in the form of existing floor plans and previous project record drawings to the extent available.

0. VAMC Memphis will provide VA specific guidance documents affecting project design not within the VA Technical Information Library (TIL). (e.g. VHA Directives, VAMC Memphis Policies, etc.)

0. This project requires a formal approval signature by the using Service(s) at the conclusion of Design Development in regard to architectural layout and space functionality.

0. All electronic drawings submitted shall be in Adobe (PDF) and AutoCAD (DWG) format.

0. All electronic versions of specifications shall be in Microsoft Word and Adobe formats.

0. Final drawings (Bid Documents) and specifications shall be submitted both in hard copy and electronic format on a compact disc.

1. Section I. B. – A-E Responsibilities

1. It is the VA’s intention to hold the AE responsible for “any errors or omissions in its designs, drawings, specifications, and other services.” Such errors or omissions must be corrected without additional compensation. Furthermore, the AE must be and remain liable to the Government for all damages caused by the AE’s negligent performance of any services furnished under the contract, notwithstanding the VA reviews of AE work.

1. There is no Memorandum of Agreement (MOA) for this project.

1. Section I. C. – Submission Policy

2. In addition to items listed, the A-E shall include a copy of a completed A-E Review Checklist for each design discipline within the scope of work. See the Access to VA Standards section of Part 3 for webpage to obtain information on the A-E Review Checklists Program. A-E Review Checklists shall be submitted with each submission package.

1. No modifications to the following;

3. Section I. D. – Quality Assurance/Quality Control

3. Section I. E. – Additional Services

3. Section I. F. – Critical Path Method Phasing Meetings

Section II – Submissions

Make the following changes;

1. Modify the following sections;

0. Section II. C. – Fire Protection & Notes

0. No Floor Plans/Drawings are required with the Schematic submission.

0. Section II. S. – Specifications

1. With the schematic submittal, A-E shall submit a marked-up specifications index table of contents downloaded from the VA TIL Master Specification List with Dates.

1. The A-E shall ensure the following as edits are made after the design development submission:

1. The date code header, e.g. 12-04, shall be removed from all specification sections,

1. The footer shall remain showing specification section-page, e.g. 21 05 11-1, 21 05 11-2, etc.

1. All references to specifications not needed for the project and thereby not included shall be removed; VA refers to these items as “dead references” which can lead to confusion during the construction period if they remain; VA can’t issue as a final document any specifications having these incorrect (unused) references

1. All “Spec Writer Notes” shall be removed; specific requirements of the Spec Writer Notes shall be noted on the hard-copy edits; VA can’t issue as a final document any specifications having these advice and directional notes

Section III – Distribution of A-E material

PART 3 – DESIGN AND CONSTRUCTION STANDARDS

1. GENERAL

In the development of submissions the A-E firm shall utilize certain VA and other design and construction criteria, examples of which can be found below. The design is not limited to these items and should be the result of compliance with applicable codes and standards, the user requests, and A-E creativity:

1. VA Design and Construction criteria in the Technical Information Library (TIL), including planning, design, and construction items such as: Design Alerts, Design and Construction Procedures, Design Guides, Design Manuals, Equipment Guide List, Master Construction Specifications, Room Finish and Door Hardware Schedule, Space Planning Criteria, etc.

1. Joint Commission on Accreditation of Healthcare Organizations (JCAHO) elements shall be considered.

1. NFPA Codes including, but not limited to: NFPA 101, Life Safety Code; NFPA 99, Healthcare Facilities; NFPA 70, National Electrical Code (NEC)

1. Compliance to all known applicable codes shall be reflected in the completed design and construction contract documents.

Conflicting criteria shall be brought to the attention of the VAMC Engineering Service Project Manager for resolution.

VA continually updates information in the Technical Information Library (TIL) used in project design. The A-E will be responsible for reviewing the guidelines in the TIL and incorporating the applicable criteria into the design and construction documents. The following section, Access to VA Standards, provides World Wide Web addresses for the TIL and commonly used VA standards and references.

2. ACCESS TO VA STANDARDS

The following are World Wide Web addresses to commonly used VA standards and references:

Technical Information Library (TIL) home pagehttp://www.va.gov/facmgt/standard/
Accessibility information (PG-18-13)http://www.va.gov/facmgt/standard/accessibility.asp
A-E Design Submission Requirements (PG-18-15)http://www.va.gov/facmgt/ae/des_sub.asp
A-E Review Checklists programhttp://www.va.gov/facmgt/standard/ae_checklist.asp
Design Alertshttp://www.va.gov/facmgt/standard/d_alert.asp
Design & Construction (PG-18-3)http://www.va.gov/facmgt/standard/proc_idx.asp
Design Guides (PG-18-12)http://www.va.gov/facmgt/standard/dg_idx.asp
Design Manuals (PG-18-10)http://www.va.gov/facmgt/standard/manuals.asp
Energy Conservation & Sustainability Programhttp://www.va.gov/facmgt/standard/energy.asp
Environmental Compliance program (PG-18-17)http://www.va.gov/facmgt/standard/env_idx.asp
Equipment Guide program (PG-18-5)http://www.va.gov/facmgt/standard/equipment.asp
Master Specifications Index (PG-18-1)http://www.va.gov/facmgt/standard/spec_idx.asp
National CAD Standards and Details (PG-18-4)http://www.va.gov/facmgt/standard/details.asp
Quality Alerts programhttp://www.va.gov/facmgt/standard/q_alerts.asp
Room Finishes, Door and Hardware Schedulehttp://www.va.gov/facmgt/standard/rooms/rooms.doc
Signage Programhttp://www.va.gov/facmgt/standard/signage.asp
Space & Facility Planning (PG-18-9)http://www.va.gov/facmgt/standard/spacework/
Technical Summarieshttp://www.va.gov/facmgt/standard/tsum_idx.asp

PART 4 – CONSTRUCTION CONTRACT AWARD PERIOD

The A-E shall provide VA with technical design services during the period of Construction Contract award. These services shall include, but is not limited to:

1. Review of construction contractor’s price proposal

1. Providing technical information needed to answer questions

1. Providing technical information needed to issue amendments.

PART 5 – CONSTRUCTION PERIOD

The A-E shall provide competent construction period services using staff and consultants adequately knowledgeable of the various subordinate design disciplines included in development of the project. Construction period services shall include:

1. Review of shop drawings and submittals

1. Review of change order proposals

1. On-site construction inspection visits and progress meetings including A-E’s written report of visit or meeting. Once the construction is thoroughly underway, periodic site visits are anticipated.

1. Commissioning

A/E shall provide up to 25 each site visit “units” during the construction period when requested by the Contracting Officer. A site visit “unit” is defined as a visit to the site of the project and any other affected areas by one individual for any part of a day when requested by the Contracting Officer or an authorized representative. On this job, a site visit should last 1-2 hours and may require the use of multiple “units” when more than one individual or an extended period of time is needed to inspect an area of work. Only registered architects and engineers familiar with the project may make these site visits. The Contracting Officer has the prerogative to determine the professional discipline(s) required for each site visit. The A/E shall notify the Project Engineer of their presence on site in order to document the number of individuals who are making the site visit. The A/E shall observe the construction, advise the Project Engineer of any deviations or deficiencies, and recommend appropriate corrective actions.

1. Pre-final and final inspections and preparation of itemized punch-list for project completion requirements

PART 6 – A-E CONTRACT CLOSE-OUT

The construction contractor shall keep a set of hard copy drawings updated to reflect all changes in the field from the bid documents. These hard copy drawings are turned over to VA at the conclusion of the construction contract. VA will provide these drawings to the A-E in order for the A-E to update the Bid Documents to reflect actual completed project conditions.

The A-E shall submit the record drawings showing any changes or modifications to the Bid Documents reflected on the hard-copy set of “as-builts” provided by VA; Drawings shall be individually marked “Record Drawing” and submitted in a single package as follows;

1. Drawings in AutoCAD (DWG) format of the entire project.

1. All drawing objects shall be removed. (e.g. Revit, Desktop, etc.)

1. All drawings must plot properly using the NCS.ctb plot file.

1. Provide a copy of the A-E firms typical CTB file and user information.

1. Drawings shall represent final project with all demolished and/or removed items deleted from the .dwg files

1. Provide to VA on disc

1. Drawings in an Adobe Reader (PDF) format of the entire project.

1. Printed Copies of the drawing set as follows;

1. None

PART 7 – SECURITY REQUIREMENTS

The A-E is responsible for assuring that all employees and consultant employees working on the project comply with these regulations.

1. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to VA Police with acceptable photo ID to obtain a badge. VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.

1. No photography or video recording of VA premises is allowed without prior authorization.

1. VA issued keys are to remain on VA property. Keys that are checked out from the Engineering Office shall be returned each day.

1. Before starting any work, the A-E shall submit an electronic security memorandum describing the approach to following goals and maintaining confidentiality of “sensitive information”.

1. The A-E is responsible for safekeeping of all drawings, project manual and other project information. This information shall be shared only with those with a specific need to accomplish the project.

1. All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the VA.

1. VA Information Custodial Language

0. 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).

0. 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 onsite 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.

0. 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.

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

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

0. 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.

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

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

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

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

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

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

1. Privacy – VA Mandatory Training

1. VA Privacy Training for employees without access to VA computer systems or VA sensitive information.

1. VA Talent Management System (TMS) training course VA20939 provides the mandatory Privacy Training requirements for any contractor without access to VA computer systems or VA sensitive information.

1. Each employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.

1. Provide the COR with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.

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