Attachment 2 - SOW Provide High Level Disinfection Room at SPS - 7-21-25.docx

STATEMENT OF WORK

Project Title: PROVIDE HIGH LEVEL DISINFECTION ROOM FOR SPS Project Number: 672-22-810 VA Caribbean Healthcare System, San Juan, Puerto Rico

I. FOREWORD

A. This document does not relieve the construction firms of their professional responsibility to produce a correct, complete and fully coordinated work.

II. PROJECT DESCRIPTION

A. Contractor shall provide all required labor, materials and equipment to provide a high-level disinfection room at Sterile Processing Service (SPS). This project shall provide new disinfection equipment and shall re-organize the cleaning operations in one room. Existing sterilization equipment shall be relocated to this new room with additional equipment added for increased operational capacity.

B. Complete construction specifics and requirements are provided on the construction specifications and drawings set prepared by RGD CONSULTING ENGINEERS.

C. Construction Requirements:

1) CONSTRUCTION ACTIVITIES, INCLUDING WASTE DISPOSAL, SHALL BE PERFORMED ON WEEKDAYS AFTER 5PM. WORK ON WEEKENDS WILL BE ALLOWED WITH VA APPROVAL.

2) Piping Tie-Ins shall be performed during weekends to minimize impact on the hospital operations.

3) Utility shutdowns shall be strictly coordinated with the facility, 14 calendar days in advance, to minimize impact to daily operations. Shutdowns shall be performed during nights and weekends.

4) Contractor shall be responsible to obtain all state and federal permits required for construction and waste disposal.

5) Contractor shall comply with the Federal Government policy on waste recycling, disposition and shall present a Waste Management Plan to be approved by the facility Environmental Department.

6) Contractor performance period is 180 calendar days from Notice to Proceed (NTP).

7) The Contractor shall be responsible for all materials delivered and work performed until completion and acceptance of the entire job.

8) Training shall be provided to VA personnel of all new equipment installed.

D. Prior to any mobilization and construction, a project schedule shall be submitted and approved by COR and VA Chief Engineering. Contractor shall provide all necessary environmental documents and related EQB approved permits for construction.

E. Contractor shall completely prepare site, prior to the installation of the equipment, and furnish all labor, equipment and materials necessary to perform work for this specific project as required by this statement of work and the project specifications and drawings.

F. All projects associated construction and temporary work shall conform to the latest VA specifications, VA Standards, energy conservation methods, EPA, OSHA, ADA, NFPA, NEC, ASHRAE, LIFE SAFETY CODE, IBC, local, Federal and industry requirements and regulations.

G. The Contractor shall comply with all applicable federal, state and local requirements for protecting the safety of the contractor’s employees, building occupants and the environment. In particular, all applicable standards of the Occupational Safety and Health Administration (OSHA) shall be followed when working in accordance with this project. No process or materials shall be employed in such a manner that they will introduce additional hazards into occupied space.

H. Contractor shall keep the VA Project Manager informed at all times of the status and progress of the project.

I. The Contractor shall prepare written minutes of each meeting with the Government concerning contractual, design and construction matters. Copies of the minutes shall be furnished to the Contracting Officer and within seven calendar days of the meetings. The Contractor shall prepare written records of phone conversations addressing major project issues and furnish a copy to the Contracting Officer within five calendar days of contract.

J. Project performance is to be developed in accordance with VA guides, standards and requirements; local and federal codes; and other engineering standards and best practices as per A/E design work (detailed demolition drawings, all necessary civil, electrical, and plumbing and mechanical engineering specialties as well as detailed phasing and construction coordination drawings). The constructor will develop a well-organized, practicable and complete construction phasing for the proposed project in order that the normal hospital operations will not be interrupted nor disturbed except by previous and timely coordination with VAMC Center Director through the Project Manager/Engineer/COR.

K. Construction General Sections' applicable requirements: the Contractor shall comply with the applicable construction project requirements (e.g. submission of final as-built drawings, shop drawings, tests, safety requirements, new material and equipment provision and installation requirements, Buy American Act, payment and performance bonds requirements; insurance requirements; progress payments and schedules, work inspection and supervision, daily logs requirements, material and workmanship, guaranty, cleaning up, accident prevention, and other requirements) included in the specifications.

L. All vendor/contract personnel must report to the Police Service and identify themselves upon entering the VACHS facility. They shall all abide by Police Service rules and personal identification verification (PIV) regulations and to carry the identification card throughout the entire period while providing the service. This include but not limited to any other screening protocols the VA implement in response to any emergency at all VA facilities.

M. The offeror is responsible to present a proposal that fully incorporates all items on the Statement of Work. No omissions or assumptions will be permitted. All concerns / questions shall be responded through Requests for Information prior proposals submission. The offeror shall deliver according to the full extent of the Scope of Work, even if already awarded the contract.

III. GUARANTEE

A. The contractor guarantees the equipment against defective material, workmanship and performance for a period of one year, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.

IV. DEFINITIONS

A. Contracting Officer (CO): The services to be performed under this contract are subject to the general supervision, direction, control and approval of the CO.

B. VA Project Manager (PM): The Contracting Officer’s Technical Representative (COR) responsible for administering contracts under the immediate direction of the CO and the PM/COR at the construction site. When more than one PM/COR is assigned to a construction project one is designated as being in-charge and is called the “Senior PM/COR”. The PM/COR is responsible for protecting the Government’s interest in the execution of the construction contract work. His duties include surveillance of all construction work to assure compliance with the contract documents, interpretation of the contract documents, approval of changed work, approval of all submittals, samples, shop drawings, etc.

C. Contractor: This term, as used herein, refers to the Contractor under this contract.

D. A/E: This term, as used herein, refers to the Architect-Engineer firm that is part of the design team (Government Consultant).

V. CONSTRUCTION PERIOD SUBMITTALS

A. The contractor shall distribute one (1) electronic set of the submittal in pdf format attention to VA CO with copy to VA PM/COR via e-mail. All materials and equipment submittals must be submitted and approved by record A/E, VA PM/COR and CO prior to start of construction. All submittals shall be as per the specifications.

B. Other submittals – Contractor shall submit test results, certificates, manufacturer’s instructions, manufacturer’s field reports, etc. as required by the VA RFP specifications to PM/COR and CO in pdf format via e-mail correspondence.

C. Project record drawings – Contractor shall maintain a set of construction documents (field as-built drawings) to record actual construction changes during the entire construction process as required by the RFP specifications. The project record drawings will be available for review by the VA PM/COR at all times.

D. Shop drawings and submittals – A/E shall verify Contractor’s shop drawings, detail drawings, schedules, descriptive literature and samples, testing labor-laboratory reports, field test data and review materials for conformity with the RFP documents and specifications. The A/E shall recommend approval, disapproval or other suitable disposition to the VA PM/COR The VA PM/COR and CO will have final approval authority. The A/E shall evaluate the submittals with reference to any companion submittals that constitute a system. When necessary, the A/E shall request the Contractor to submit related components of a system before acting on a single component. The A/E may be required to hold joint reviews with the VA technical staff on complicated system submittals.

VI. PROJECT CLOSE-OUT

A. The contractor shall comply with the requirements in the “General Requirements”, Section 010000, for submission of final RFP as built drawings, manuals and other documents as noted. Required as built drawings and specifications shall be submitted in the same format required for the construction documents.

VII. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

A. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

B. 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.

C. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

D. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

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.

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: Comment by Wise, Jacquelyn (VHACLE): Remove Comment by Ortiz-Diaz, Sixto: ISO required language Comment by Ortiz-Diaz, Sixto: This LD’s language was introduced by the ISO when evaluating the VARS. They always require to include it on our SOW’s.

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 of 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.

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 before being granted access to VA information and its systems.

B. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

C. 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.

D. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe 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.

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