4 SOW 673-23-104 Install Fall Protection Anchorage_revised.pdf

James A. Haley VA Hospital Install Fall Protection Anchorage and Guardrails for Bldg. 1 and 2

673-23-104

STATEMENT OF WORK

PROJECT #673-23-104 (POP 365 Days)

I. SCOPE OF WORK:

A. Furnish all necessary professional services, equipment, labor materials, supervision, tools, testing, and specialty services (i.e., Industrial

Hygienist, Asbestos Contractor, RRC etc.) to perform a design-build for the NRM Project # 673-23-104, " Install Fall Protection Anchorage and Guardrails for Bldg. 1 and 2" at the James A. Haley VA Hospital, located at 13000 Bruce B. Downs Boulevard, Tampa, Florida, 33612. This project will support Safety department initiatives at JAHVA. The work includes, but is not limited to site investigation, design and preparation of drawings, phase planning, specifications, construction and installation of the Fall Protection Anchoring as designed in the hospital areas identified in the project description in this SOW. The DB Team is to include subcontractors performing professional services under this contract, shall perform its services consistent with the professional skill and care ordinarily provided by architects/engineers practicing in the same or similar locality under the same or similar circumstances.

The DB Team shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project.

The design phases will include 35%, 65%, 95% and 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 DB Team prior to moving on to the next scheduled submission.

The VA will provide requested As-Built drawings (in either AutoCAD, PDF, or JPG form) on a CD-ROM to the A/E for design purposes. The A/E is encouraged to review all drawings with the assigned VA representative

COTR to verify what existing drawings are available. The A/E shall coordinate with the VA representative COTR prior to viewing the drawings located at the VA and shall not remove any documents from the files.

The existing drawings on file at the VA may not be 100% accurate and may not exactly reflect the current conditions of the James A. Haley VA

Hospital. It is the responsibility of the A/E to review the existing drawings and verify the existing conditions.

B. Project Description: The JAHVA facility seeks a resolution with this project that will install a fall protection guard rail system for Building

1 and Building 2 as well as to provide a safe and compliant engineered solution for anyone needing to work on or from the roof that utilizes roof anchor points. This proposed resolution shall comply with current

OSHA Regulations and ANSI industry safety standards along with an engineer approved and certified safety system.

The proposed anchors shall be used for:

a. Fall restraint for non-suspended access work.

b. Tie-back anchors as required for rope descent systems (RDS), the preferred option for window cleaning.

c. Suspended scaffold equipment for larger maintenance projects.

Suspended access equipment must have an adequate tie back for primary suspension lines and a secondary tie back for the safety line attached to the worker. The design layout should be OSHA and ANSI regulation compliant in this regard.

Anchor Requirements to include:

• Anchor points shall be identified, tested, certified. Each anchorage shall be capable of supporting at least 5,000 pounds (2,268 kg), in any direction, for each employee attached.

• The testing method shall meet the ANSI I-14, ASME A-120, and OSHA requirements for a certified system. All anchors will need to be load tested post installation to a minimal of 2,500 lbs. This test method shall be approved by our engineering team.

• Suspended access equipment must have an adequate tie back for primary suspension lines and a secondary tie back for the safety line attached to the worker. This dual-anchor design layout is an OSHA and ANSI regulation that suspended access equipment must utilize.

• Upon completion of this project, a set of close out as built drawings shall be delivered showing the exact locations and styles of all anchors installed.

• The drawings shall be reviewed, approved, and stamped by an engineer, licensed in the state of Florida, to verify that the anchors comply with current OSHA and ANSI requirements.

• A Certificate for Use must be provided with closeout documents, per requirement 8.1.1(a) of the ANSI/IWCA I-14.

• An Equipment Manual/Logbook shall be provided with closeout documents for the understanding of the equipment function and maintenance as well as inspection and proof load test re-certification requirements with the ability to log the usage, inspection, and load test records.

• All construction debris created from the installation will be removed and any spaces that may have been affected will be cleaned daily prior to end of shift.

Guardrail work to include:

The need to install guardrails on the existing building rooftops of building 1 and 2 (a new U.S. manufactured railing system)is required. The railing system shall include the following:

Designed in accordance with OSHA Standards (29CFR1910.29 and

CFR1926.502).

Shop fabricates handrail components to the greatest extent possible for field assembly and to minimize on-site fabrications.

The top rail must be able to withstand 200 pounds of force in any direction at any point.

Assembled height: 42” (107cm) top rail above the walking-working surface.

Midrails are installed at a height midway between the top edge of the guardrail system and the walking-working surface. There shall not be a gap greater than 19 inches vertical or horizontal (but doesn’t have to be both).

All mid rails, infill panels, and screens that act as mid rails should be able to withstand 150 pounds of force in the downward and outward direction.

Top and mid rails should not extend beyond the terminating post unless they do not form a projection hazard.

Guardrails should be smooth so that they prevent injury from punctures or lacerations.

▪ 100% Made in USA

▪ American Welding Society Certified (AWS D1.1 & D1.3)

Roofing work to include:

• The need to repair the existing roofing due to installation of the anchors is required. The cutting of the existing roof shall be kept to a minimum and, where necessary, shall be made in a clean and orderly manner to prevent the appearance of a patch. Repair all damage to existing and new roofing caused by the work of this Contract at no additional cost to the Government. The work shall be executed in such a manner as to maintain the integrity of the existing roofing manufacturer's warranty.

• The Contractor shall utilize the services of a Registered Roof

Consultant (RRC) a Registered Professional architect or Engineer who specializes in roofing, to approve the roof repair design. The roof consultant must be engaged in roofing design and roofing construction as a primary endeavor. The roof consultant shall verify in writing that the design for the project is in accordance with the current VA and TIL requirements, standard industry practices and building codes.

• Prior to beginning roofing work, the Contractor shall hold a PreRoofing

Conference with the personnel directly responsible for the roofing systems work, as well as the roofing manufacturer's technical representative.

• Roof patching/flashing/waterproofing is required immediately after installation of roof anchors.

General:

• The Contractor should be aware that there may be hazardous material present and all the work inside of the facility space shall be heavily coordinated prior to ANY action. All proper ILSM and ICRA measurements must be strictly adhered to and any work that interferes with patient care shall be done after normal working hours of the affected departments.

• All areas that the contractor will have construction performed must have had a NESHAP performed by a qualified contractor and provide a report as a part of the 65% review.

• No additional charge shall apply for afterhours or weekend work.

• The DB Team shall evaluate these areas to determine if utilities or any other objects will need to be relocated or addressed in the design.

The DB Team shall also review the as–Built drawings and the site drawings for the areas affected.

• The DB Team shall show a detailed containment plan for infection control for this design. This plan shall be detailed showing locations and what infection control requirements are to be used for each area.

The HPMs for Safety and Infection Control will be provided to the D/B

Team for their use. Construction barriers will be required for the duration of the construction to isolate patients and staff from dust, debris and construction hazards as determined by the Safety Officer and Infection Control representatives. The D/B Team will also have to indicate these construction barriers on their drawings.

• New work includes, but is not limited to designing and preparing drawings, phasing planning, and specifications for all disciplines to create the engineered system for “Install Fall Protection Anchoring for Building 1 and 2” in the hospital campus areas listed in this SOW.

The D/B Team will be required to attend phase meetings at 35%, 65% and

95% to discuss progress with the VA staff. The D/B Team will be required to take meeting minutes and distribute to the VA for approval and as documentation of what was covered in the meeting.

C. Design Tasks:

1. SITE INVESTIGATION: Design Services shall conduct a site survey of the project area to ensure that the design is feasible and without any major obstacles. Available as–built drawings and related other project drawings are available to the DB Team, but field verification by the

DB Team must be completed to verify existing site conditions and to collect data as required for design development work to successful completion of design and construction documents.

2. DEMOLITION: The project demolition work may include structural, architectural, electrical demolition to clear space for the new systems.

3. CIVIL / STRUCTURAL: Work may include architectural modification and structural work. Structural engineering is expected to be completed by a Florida Licensed Structural Engineer for any needed structural reinforcements. All required borings and structural testing shall be completed by the DB Team. The D/B team shall proceed with a structural design that will not impede on pedestrian traffic at the ground level.

4. ARCHITECTURAL: Field verification of elevations and architectural dimensions are crucial to the success of this project, as the existing drawings are best represented. Exterior work must blend into the surrounding buildings and architectural appearances.

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. See paragraph

I.D.2 for additional information.

5. INTERIOR DESIGN: The VA Interior Designer will perform all interior color and material selections from the D/B Team’s recommended items.

The D/B team will coordinate all interior selections with the VA interior design staff.

6. INDUSTRIAL HYGIENIST: An Industrial Hygienist (IH), licensed by the State of Florida as an Asbestos Consultant, may be required due to the existence of asbestos containing materials that may be encountered during the construction project.

7. ASBESTOS: The D/B Team shall investigate the construction site to verify any asbestos containing materials. A NESHAP is required.

Asbestos containing sprayed-on fireproofing, floor tile & mastic, and other asbestos containing / contaminated materials / items may be encountered in buildings 1. If asbestos is encountered, it is the D/B

Team and their subcontractor’s responsibility to adhere to all VA, OSHA, Federal, and State regulations of ACM procedures. All work performed in areas containing asbestos will be done after normal working Submittal packages for the Asbestos & IAQ qualifications shall be provided to the VA. The IH shall perform duties as necessary by monitoring, inspecting, and testing inside / outside the work area in accordance with OSHA requirements.

a. NOTE: Some site investigation work may be in asbestos contaminated areas and will require the D/B team to have their personnel trained for Class 3 Asbestos Work (Maintenance & Operations within Asbestos

Contaminated areas).

b. IAQ: The IH will also have to design IAQ measures for construction work in relevant areas.

8. EQUIPMENT: The D/B Team shall coordinate the design work directly with the suppliers / manufacturers of the new equipment to produce a completely designed operational project. All drawings, schematics, and other data available from the equipment suppliers shall be incorporated in the A/E drawings and specifications. The D/B Team is to determine the points of connection between old and new equipment and clearly detail these connections on the drawings.

9. Design the project by using site measurements and verifying site conditions. The D/B Team shall not rely solely on the As–Built drawings.

10. The D/B Team shall provide other documentation (i.e., calculations, reports, recommendations, etc.) that is appropriate to support the design effort and to keep the Government fully informed of all issues or potential problems. Provide computations and sizing calculations for any anticipated new loads, altered loads, and existing loads for electrical, mechanical (HVAC, plumbing, medical gas and steam), sanitary, structural and fire protection designs. For computerized calculations, submit complete and clear documentation of computer programs, interpretation of input / output, and description of program procedures. 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.

11. The D/B Team shall provide all schedules and tables used on the drawings in MS Excel.

D. Additional Requirements and Information:

1. LIFE SAFETY: Requirement for acquiring and incorporating a Certified

Independent Third-Party Safety Professional review of design documents. The D/B Team shall design the necessary Life Safety and

Interim Life Safety provisions for impacted areas, both temporary and permanent measures. The D/B Team shall provide and coordinate the review of the Life Safety Provisions of the project design with a third party, independent licensed Fire Protection Engineer. The following areas will be reviewed by the third party:

a. NFPA Code Compliance

b. Environmental / EPA Impacts, Permits, etc.

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

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

e. Emergency preparedness

f. Disability Accessibility Compliance

g. National and Local Codes. The D/B Team shall deliver a letter certifying compliance with all Life Safety Codes and Requirements applicable to this project from the third party.

In addition, it is required that the D/B Team update all Life Safety

Drawings associated with the designed space and affected by the project.

2. 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 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.

3. 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.

4. DRAWINGS: The A/E shall provide electronic copies of drawings at each review step generated in the latest version of AutoCAD or its companion products (digitally signed DWGs) and PDF format in individual sheet files on CD-ROM. Include all associated support files (i.e., plot styles, external referenced files, etc.). This facility currently uses AutoCAD. The standard drawing size shall be ARCH E1 (30” x 42”).

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 D/B Team 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, including the film copies, shall be sealed (embossed & ink stamps) and signed by each respective Professional Engineer in their discipline, Industrial

Hygienist, Architect, and other necessary licensed professional consultants.

5. SPECIFICATIONS: The D/B Team 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#02. The Tampa VA has specifications that have been edited for general use at this facility and are the preferred specification to be used. If there are missing specifications sections from the Tampa VA specific specification then the specifications from the Technical Information Library shall be used. 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 COTR to obtain a copy of these specifications on CD-ROM. 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 CD-ROM in Microsoft Word. The VA uses MS Word. The format shall be 1.5 spaced, left justified, 2-sided, laser quality, and courier-new size 10 font. The specifications shall be provided in four (4) copies with rubber bands around three (3) of the copies. The remaining copy shall be in a colored, 3-“D”-ring loose-leaf binder, with identification labels on the binding and cover so the project title and number are readily visible and with tabbed dividers between each specification section. Any files submitted electronically (including but not limited to specifications and drawings) shall not have the following characters in their file name: \ / : * ? “ < > | # { } % ~ http://www.nationalcadstandard.org/ http://www.cfm.va.gov/TIL/spec.asp#02

6. DESIGN SCHEDULES: Design schedules shall be submitted to the VA as an 11x17 Microsoft Projects file at the beginning of the Notice to

Proceed, with each invoice for payment and shall never be more than 4 weeks old. Approximate time frames are presented below. Actual timelines submitted for approval should reflect the project complexity and follow the format presented below:

a) Begin Design Development (Notice to Proceed): NTP

b) First Submission Contract Documents (CD1-35%): NTP + 25 Days

c) First Review Meeting and Return First Submission: NTP + 35 Days.

d) Second Submission Contract Documents (CD2-65%): NTP + 65 Days

e) Second Review Meeting and Return First Submission: NTP + 75 Days.

f) Third Submission Contract Documents (CD2-95%): NTP + 105 Days

g) Third Review Meeting and Return Third Submission: NTP + 115 Days.

h) Forth Submission (Deliver Final Contract Documents) (CD3-100%): NTP

+ 145 Days.

7. REVIEW MEETINGS: The DB Team 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.

1. Sections of the documents that are not acceptable by the VA according to the design standards and criteria must be updated by the A/E prior to moving on to the next scheduled submission.

E. COMPLIANCE

• The contractor shall be fully responsible for compliance with all

VA, local, state, and Federal occupational safety laws, rules, and regulations.

• The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients.

• The contractor is responsible for meeting all applicable OSHA and

VA guidelines for safe working procedures.

• All work for the duration of the contract shall be performed by certified trained technicians.

F.CONTRACTOR EMPLOYEES

Contractor personnel shall present a neat appearance and be easily recognized as contract employees. Example: wearing steel toe boots and safety glasses ID badges and or name tags.

G.CONTRACTOR EMPLOYEE IDENTIFICATION

• All contractor employees must be clearly identified as contractors

(not VA employees) when performing services under this contract. This includes visual (appearance), verbal (phone), and electronic (email).

The contractor must provide all employees with a contractor identification (ID) badge at the contractor’s expense prior to performing work under this contract. Contractor employees are always required to display this badge when performing services under this contract.

• Employees released from service by the contractor must have their badge collected by the contractor. All badges must contain an expiration date and photograph of the employee.

• All contractor employees must also be required to wear VA issued badges and must always display these badges while in the performance of this contract and/or as instructed by the COR.

• The contractor supervisor must ensure that all contractor employees display their VA issued badges.

• The contractor supervisor must be responsible for managing all VA issued badges provided to contractor employees and immediately collect these badges from employees no longer working on the contract.

H.CONTRACTOR EMPLOYEE CONDUCT

• The contractor is completely responsible for all actions and conduct of their employees. Contractor employees must be well-groomed and neat in appearance.

• Contract employees must be professional in attire and must not wear any offensive clothing.

• Contractor employees must conduct themselves in a socially acceptable manner appropriate for an office work environment; Loudness, vulgarity, rudeness, smoking, or other similar offensive conduct by a contractor employee may be grounds for denying the employee further access to VA premises.

• Contractor employees must not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract.

I.CONTRACTOR RESPONSIBILITY

• The contractor shall obtain all necessary licenses and/or permits as required to perform this work.

• He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

• He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Florida.

• Further, it is agreed that any negligence of the Government, its officers, agents, servants, and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

K.CONTRACT AWARD MEETING:

• The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a Kickoff Meeting or advised the contractor that a kickoff meeting is waived.

L.PERIOD OF PERFORMANCE:

• This shall be a firm-fixed price contract. No construction work shall commence until the CO sign an NTP for construction. Construction work shall not commence until the CO issues the NTP for construction. POP

FOR DESIGN is NTP + 145 Days and the POP for Construction is design period + 220 days. The Total POP is 365 days.

• Warranty period for the installation and repair will be provided as part of the original contract documents for the project. A four-year warranty is required to be included on all materials and labor supplied by contractor for all aspects of this project that covers the support system and roof repairs made to accommodate the system.

M. CHANGES TO THE Statement of Work

• Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder with all other products of the project. Costs incurred by the contractor through the actions of parties other than CO shall be borne by the contractor.

N. Performance Requirements:

Contractor shall provide the necessary personnel and equipment to meet or exceed required service. Contractor shall have the following responsibilities:

• Provide licensed and trained personnel to perform the project in the

State of Florida.

• Provide all supervision, labor, and materials to complete all requirements described in this SOW.

• Contractor shall obtain all necessary licenses and permits required to perform this work required by this SOW, with each having completed the

Occupational Safety & Health Administration (OSHA) approved 10-hour

Construction Outreach Training or General Industry Outreach Training.

• Contractor shall take all precautions necessary to protect persons and property from injury and/or damage during performance of this contract.

• Contractor shall be responsible for any injury to their employees as well as for any damages to personnel or Government property that occurs during the performance of this contract that is caused by the

Contractor’s fault or negligence.

• Contractor shall insure that all areas where equipment is serviced under this contract are left in a clean, neat, and orderly condition.

• Contractors shall have technical training and evident track records of working experience with the installation of Fall Protection Anchoring and rooftop structural anchor points in industrial or commercial facilities within the last five (5) years.

• Contractors shall possess and utilize all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform all work safely, effectively, and timely. Tools, equipment, and PPE shall comply with

OSHA Standard 29 CFR 1910, (Subpart I), and NFPA 70E. Prior to initiating work, the Contractor shall provide documentation demonstrating that all instruments, test equipment, tools, and PPE possess current calibration and safety inspections. Dated calibration and safety inspection labels shall be visible on all equipment as applicable.

• Arrange and pay for all proper disposal of waste and debris.

• Maintain project schedule agreed upon in the purchase order documents.

• Provide all OSHA site safety for each employee during work.

• Contractor employees shall have background checks completed.

O.DELIVERABLES

• The Contractor shall perform the services necessary to complete the tasks in accordance with the procedures described in a timely and professional manner, consistent with industry standards, at the location, place, and time that the VA has set aside, and all in accordance with the SOW and RFP documents.

• Contactor shall provide a copy of the inspection document used (field report) on the day of each performed inspection.

P.TESTING SPECIFICATIONS

• All testing/inspections of the shall be in accordance with applicable industry standards and manufacturers recommendations. The initial test schedule shall be submitted to the COR no later than 10 days after award. The inspection schedule shall be submitted to the COR sixty (60) days prior to the start of the next inspection.

U. SECURITY CLAUSES:

With No Sensitive Data but Requires Training

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.

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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

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:

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.

(1) 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.

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 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.

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

All Contractor, Pharmaceutical Company Representative (PCR), and Healthcare Industry Representatives (HIR) will coordinate with Contracting Officer Representative for instructions so they are in compliance with James A. Haley Veterans’ Hospital policies listed on the JAHMC Document Management Center share point site:

HPM NO. 90-25; HEALTHCARE VENDOR ACCESS AND COMPETENCY

HPM NO. 132-04; SECURITY MANAGEMENT PROGRAM

HPM NO. 132-05; HOSPITAL IDENTIFICATION PROGRAM

HPM NO. 11-91; PHARMACEUTICAL COMPANY REPRESENTATIVES

HIR are required to report to MSDU (Room GC-003), immediately after entering the facility. HIR will be required to sign into the monitoring system and print a badge for proper identification. . The Healthcare Industry Representatives for

Nutrition and Food Services, Office of Information and

Technology, and Social Work Services are in included in this policy; vendors (HIR) for Pharmacy Services are to follow (HPM

11-91) policy. HIR must be sponsored by a physician, a Service

Chief, or their designee, for a specified date and a specified case. HIR are not permitted in patient care areas or clinics unless a prior appointment has been made.

Pharmaceutical Company Representative (PCR) refers to anyone acting on behalf of a pharmaceutical company or its business partners for the purpose of promoting the use of items managed under the VA formulary process. These items primarily include drugs, but to a lesser extent also include any medical supplies, nutritional supplements, and similar commodities managed under the VA formulary process.

a. Sign-In: PCRs may visit VA Medical care facilities no earlier than 8:00 a.m. and stay no later than 3:30 p.m., Monday through Friday, unless they receive prior approval from both the Chief of the Service that they will be visiting and the Chief of Pharmacy. Representatives visiting the JAHVH must sign in at the Pharmacy Administrative Office (Located in

Trailer 78) and wear a visitor’s badge as well as their company’s personal name badge while in the hospital.

Vendors: Reference Hospital Memorandum Policy Number 90-25

Healthcare Vendor Access and Competency.

Contractors and/or project managers: Will be issued a PIV/ID badge in accordance with the facility PIV Policy. Contactors will contact their assigned VA Contracting Officer

Representative (COR) for coordination.

Contract Personnel/Sub-Contractors: Contractors are responsible for the daily accountability and identification of all personnel assigned to their respective contract including sub-contractors. Contractors will identify personnel using the following procedures as appropriate.

Construction Project contract personnel will report to the contractor for issuance of a temporary self-adhesive identification badge. This badge will be issued on a daily basis and must include the following information: Company name, project number, date, and name of individual.

Contractor will maintain a daily log of all personnel.

Contract personnel not involved in an actual construction project will report to police dispatch for issuance of a numbered badge. A driver’s license or photo ID will be required each day upon entering the facility, in exchange for the badge, and will be given back once the badge is returned to police dispatch. The contractor will provide Police

Service with a list of names for all sub-contract personnel requiring access to the facility. It is the responsibility of the contractor to update the list as necessary.

NPR OPC; CBOCs and Off-site Lease facilities with VA Police staffing: As above with check-in with VA Police.

Off-site Lease facilities w/o VA Police staffing: Coordinate with COR, Administrative Officer, or Service Point of Contact.

NARA Records Management

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. James A Haley Veterans’ Hospital and Clinics 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 James A. Haley

Veterans’ Hospital and Clinics 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

James A. Haley Veterans’ Hospital and Clinics. 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 vehicle]. 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 James A. Haley Veterans’ Hospital and Clinics 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 vehicle]. 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 James A. Haley Veterans’

Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics policy.

8. The Contractor shall not create or maintain any records containing any non-public James A. Haley Veterans’ Hospital and

Clinics 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 James A. Haley Veterans’ Hospital and Clinics 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 James A Haley Veterans’ Hospital and Clinics 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 VHA-provided records management training, Talent Management

System (TMS) Item #4192704, Records Management for Everyone. 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 vehicle], 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.

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