673 20 109 SOW 25 Oct 2022.pdf

James A. Haley VA Hospital

REPAIR EXPANSION JOINTS IN BUILDING 55 PARKING GARAGE

Project No. 673-20-109

Page | 1

STATEMENT OF WORK

DESIGN BUILD PROJECT #673-20-109

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, etc.) to perform a Design Build for the

NRM Project #673-20-109, "Repair Expansion Joints in Building 55 Parking

Garage" at the James A. Haley VA Hospital, located at 13000 Bruce B. Downs

Boulevard, Tampa, Florida, 33612. The work includes, but is not limited to site investigation, design and preparation of drawings, phase planning, specifications, demolition and compliant waste disposal, construction, and installation of sealant, including removal and application of required backer rod and sealants on the entire fifth and sixth floor of the parking garage BLDG 55. The contractor shall provide competent inspections with timely written reports to the VA Project Manager (PM/COR) for VA review and acceptance prior to Design/Construction. This shall include review of the current structural conditions, sealant and expansion conditions, with viable design solutions commensurate with findings. The DB Team, including all appropriate subcontractors performing professional services under this contract, shall perform its services consistent with competent 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. Additional Project Information and site information shall be available to all Bidders present on site and signed in (and their duly authorized representatives), during both the combined

Pre-award Project Meeting and Project Solicitation walk through session.

B. Purpose: The existing BLDG 55 Parking Garage exterior sealant has failed leaving critical joints exposed. To maximize the life cycle of the structure and affirm the value of the concrete support system for the existing parking garage structure, it is critical that all potentially vulnerable points be sealed between concrete members.

Page | 2

C. The design phases shall include SD 30%, DD 60%, CD 90%, 100% Contract

Documents, VA review stages. The contractor shall provide a CPM Baseline

Project Schedule with timely updates that is compliant with the VA

Technical Information Library (see TIL 01 32 16.16 refer to page 24) that shall be reviewed for acceptance by the VA Representative (PM/COR). The contractor shall provide the Schedule of Project Values detailed completely to agree identically with all the values required by the CPM

Baseline Project Schedule Activities. These sequenced documents shall meet all the requirements at each submission, 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 design phase submission. Within ten (10) days after the acceptance of each phase of design drawings (SD 30%, DD 60%, CD 90%, 100% Contract Documents) a fully detailed Project Estimate shall be submitted to the VA Project Manager. Within ten (10) days after the VA acceptance of each phase of design drawings (SD 30%, DD 60%, CD 90%, 100%

Contract Documents) the fully detailed construction CPM Project Schedule shall be timely submitted to the VA Project Manager (PM/COR) for review and VA PM/COR acceptance prior to issuance of NTP for Construction.

The VA will provide requested existing 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 PM/COR to verify what existing drawings are available. The

A/E shall coordinate with the VA representative Project Manager (PM)and

Contracting Officer Representative (COR) 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 at the Project Site.

D. Project Description: Provide all Design Build services to accommodate the design and repair of the expansion joints in Building 55 Parking Garage.

Including the 100% Contract Drawings design accepted, preparation, Page | 3 installation of sealant, removal and application of required backer rod and sealants on the entire fifth and sixth floor of the parking garage.

Installation shall be performed as per specifications and manufacturer directions to ensure the Life Cycle of the structure.

Execution:

a. The Design Team shall survey and timely report existing conditions in writing to the VA PM/COR prior to NTP for Design and NTP for

Construction.

b. The Design Team shall determine the failure of the existing exterior sealant and design. A certified report of the failure findings must be timely submitted to the VA. The solution must prevent premature failure of the products used and ensure the preservation of the structure.

This solution must be accepted by the PM/COR and VA Stakeholders.

c. The Contractor shall furnish the materials, labor, and equipment necessary to remove all existing expansion, vertical and transition joints on the 5th and 6th floors.

d. All areas of application must have an approved surface preparation procedure as per manufacturer specifications of the product used.

e. The Contractor shall be responsible for procurement, coordination and execution of any traffic control and parking control measures to perform the contract.

f. The Contractor shall furnish the materials, labor, acceptable mock up, and equipment necessary to install all new expansion, vertical and transition joints on the 5th and 6th floors as per the new design and requirements.

g. The contractor is responsible for removal of all trash and debris because of the installation.

E. New work includes, but is not limited to designing and preparing drawings, phasing planning, and specifications for all disciplines required in this

SOW. The D/B Team shall be required to attend Design phase meetings at

30%,60%,90%, and 100% Contract Documents, to discuss progress with the VA staff. The D/B Team shall be required to take meeting minutes and distribute to the VA for approval and as documentation of what was covered in the meeting.

Page | 4

F. 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. Design Viability shall be clearly shown and shall be acceptable no later than the SD2 submission for review by the VA before beginning DD1 shall be authorized to begin. Available as–built drawings and related other project drawings are available to the DB

Team by request, but field verification by the DB Team must be completed to verify existing site conditions to the VA and to collect data as required for Design Development (DD1) work to successful completion of design and Construction Documents (CD1,CD2).

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 shall 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 shall perform all interior color and material selections from the D/B Team’s recommended items.

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

6. ELECTRICAL: The D/B team must evaluate the electrical systems serving the design scope area to determine if there is enough, and provide modifications and extensions to the existing electrical systems, security system, communications system, fire / safety system, etc. as needed and with available capacity.

Page | 5

7. 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.

8. 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 shall 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 shall 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 shall also have to design IAQ measures for construction work in relevant areas.

9. 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.

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

11. 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

Page | 6 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.

12. The D/B Team shall provide all schedules and tables used on the drawings in MS Excel 2013.

G. 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 shall 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, Page | 7 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 http://www.nationalcadstandard.org/

Page | 8

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: \ / : * ? “ < > | # { } % ~

6. DESIGN SCHEDULES: Design schedules shall be submitted to the VA PM/COR as a Microsoft Projects (MS) file and a (11” x 17” print of the MS file) at the beginning of the Notice to Proceed for Design, with each invoice for payment and shall never be more than 4 weeks old. The

Microsoft Project file shall contain a displayed column for

Predecessors and a column for Successors. Notice to Proceed for

Construction shall be issued separately. Approximate time frames are presented below. Actual timelines submitted for acceptance should reflect the project complexity and follow the format presented below:

http://www.cfm.va.gov/TIL/spec.asp#02

Page | 9

a. Schematic Design “SD”:

b. Begin Schematic Design (Notice to Proceed with Design): Design NTP

+ 0)

c. First Submission Schematic Design (SD1 + SD2, 30%): Design NTP +

10 Days

d. First Review Meeting and Return First Submission: Design NTP + 20

Days

e. End of Schematic Design Phase 30% “SD”: Acceptance by VA

f. Design Development “DD”:

g. Begin Design Development (Notice to Proceed with Design): Design

NTP + 20 Days

h. Second Submission Design Development (DD1 + DD2, 60%): Design NTP

+ 31 Days

i. Second Review Meeting and Return Second Submission: Design NTP +

42 Days

j. End of Design Development Phase 60% “DD”: Acceptance by VA

k. Contract Documents “CD”:

l. Begin Contract Documents (Notice to Proceed with Design): Design +

42 Days

m. Third Submission Contract Documents (CD1, 90%): Design NTP + 56

Days

n. Third Review Meeting and Return Third Submission: Design NTP + 70

Days

o. End Contract Documents Phase 95% “CD1”: Acceptance by VA

a. Fourth Submission Contract Documents (CD2, 100%): Design NTP + 84

Days

b. Fourth Review Meeting and Return Fourth Submission: Design NTP +

98 Days

c. End Contract Documents Phase 100% “CD1”: Acceptance by VA

d. Sixth Submission (Deliver Final Contract Documents) (CD3-100%):

Design NTP + 112 Days

(Overall Contract Period of Performance: Design NTP + 360 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.

Page | 10

8. 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.

H. 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 PM/COR.

Page | 11

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.

I. 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.

J. 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.

Page | 12

J. UNSCHEDULED REPAIRS AND EMERGENCY SERVICE:

Reserved

K. CONTRACT AWARD MEETING:

• The contractor shall not commence performance on the tasks in this SOW until the following are all completed and accepted; The PM/COR and CO have conducted a Kickoff Meeting or advised the contractor that a kickoff meeting is waived. NTP for Design is issued. NTP for

Construction is issued after completion of design is accepted by

PM/COR.

L. PERIOD OF PERFORMANCE:

• The Period of Performance (POP)is 360 days. This shall be a firm-fixed price contract. Warranty period for the installation and repair shall be provided as part of the original contract documents for the project.

M. CHANGES TO THE Statement of Work

• Changes to this SOW shall only be by written correspondence to the

Project Manager for acceptance, and then for acceptance by the Contract

Officer by written authorization. A copy of each change shall 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 the PM/COR and CO shall be borne by the contractor.

N. Performance Requirements:

• Contractor shall provide the necessary personnel and equipment to meet or exceed timely required service as shown in the CPM Baseline Project

Schedule. Contractor shall have the following responsibilities:

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

State of Florida. These personnel shall be identified in writing as well as their licenses and training expertise and timely submitted to the PM/COR.

• 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

Page | 13

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 in structural joints, structural expansion joints, and related components in healthcare, industrial, educational, or commercial facilities for a minimum of 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 CPM Project Schedule agreed upon in the contract purchase order documents, including but not limited to: provide MS Project (in operational electronic program) timely updates, show Substantial

Completion date, show Inspections, show Deliverables, show submissions, show receivables, show Earned Value Management (EVM) documents, show regular pay applications and all back up data (Including all Release of

Claims), show timely subcontractor completed payment back up data

(Including all subcontractor’s Release of Claims).

• 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

Page | 14 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 the PM/COR copies of each and every inspection document used (field report) on the day of each performed inspection.

• Each deliverable shall be delivered to the VA PM/COR and shall be listed on a dated standard Transmittal letter accepted by the VA

PM/COR. This requirement shall include document deliverables such as, CPM Project Schedules, EVM and EVM’s related percentages of work completed by Prime Contractor, Payment Requests and their back up (all

Release of Claims including subcontractors), project related reports, and shall be acceptable to be deliverable by email to VA PM/COR.

• Transmittal of all deliverables, submissions, and all other Project documents (e.g., RFI’s, letters, etc.), and their Transmittal Letters, shall not be accepted Transmittals by use of other electronic software

(such as Procore, and similar software).

P. TESTING SPECIFICATIONS

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

Q. DESIGN AND CONSTRUCTION PERFORMANCE STANDARDS

• Performance standards define desired Design and Construction. The

Government performs reviews and inspections to determine if the

Contractor exceeds, meets, or does not meet these standards. At the end of each option year, A Contractor Performance Assessment

Reporting System (CPARS) will be sent to the contractor. The contractor has the right to either agree or respond. This reporting applies to this contract. https://www.cpars.gov/, https://www.acquisition.gov/.

https://www.cpars.gov/ https://www.acquisition.gov/

Page | 15

R. ROLES AND RESPONSIBILITIES:

• Project Manager (PM) – A person duly appointed with authority to manage the project in its entirety on behalf of the Government. The authority includes but is not limited to, determining and enforcing acceptance of; deliverables, submissions, earned value payment requests and timeliness, requests for payment and related acceptance of Release of Claims, acceptance of CPM Project Schedules, Project

Schedule of Values, Earned Value Management (EVM) submissions, NTP validity and enforcement, Inspection validity and timeliness, design review validity, Project Demolition and Waste Disposal validity, validity of Qualifications for Personnel Appointments and

Replacement Appointments to project Contractor and Subtractors, recommendation of termination of contract, meeting minutes, Substantial Completion and its documentation, and etc.

• Contracting Officer (CO) - A person duly appointed with the authority to enter, administer, and terminate contracts on behalf of the Government. The CO is the only person who can legally commit the

Government and only the CO, as the Government's agent, can modify the contract/order. The CO is the final authority for determining the adequacy of the Contractor's performance. CO decisions arising under or relating to the contact are final.

• Contracting Officer's Representative (COR) — An individual designated in writing by the CO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., oversight of Contractor's performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority' rests solely with the CO. The COR’s primary duty is to monitor the

Contractor's performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When an oversight observation results in an unacceptable evaluation, the PM/COR shall report the unacceptable performance to the Contracting Officer. The COR is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

Page | 16

• Periodic Assessment of Design/Construction — For contracts that occur over several months, at minimum the COR shall evaluate contractor performance on a monthly (e.g. each pay request)basis, and upon completion of services. Generally, the Government shall rely on the Contractor's Quality Control system to ensure that services conform to contract quality requirements before they are tendered to the Government for acceptance.

S. VA OVERSIGHT PROCEDURES:

• The PM/COR shall evaluate the Contractor's performance monthly using the Performance Standards established in the contract/order.

Evaluations shall be made to the extent practical to assure the contractor provides compliant quality work and services meeting the requirements of the contract. Evaluations could be evaluation, /validation of contractor supplied performance data, as well as analysis of VA feedback, for performance trends and to ensure valid

VA concerns are resolved timely.

• If at any time the PM/COR receives indicators (e.g. Valid statements or notes of Performance Standards are not being met) that the

Contractor's performance is less than acceptable, the PM/COR shall investigate to determine if this is a onetime issue that has been promptly corrected, or if the discrepancy is systemically repetitive in nature. If the issue is determined to be an isolated occurrence, the PM/COR shall continue with Monthly Evaluations. If the issue is recurring and systemic in nature, the PM/COR shall perform more frequent evaluations.

• The PM/COR shall notify the Contractor each time an unacceptable observation has been recorded and direct the Contractor to correct the problem. The PM/COR shall record the contract requirement, the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The

Contractor shall be given two working days after notification to correct the deficiency in accordance with requirements of the contract. Deficiencies that cannot be corrected within two working days shall be reported to the Project Manager and Contracting

Officer.

• The PM/COR shall re-examine the entire work that has been found to have deficiencies. Failure to complete corrective actions shall be

Page | 17 reported immediately to the CO for further action. Upon satisfactory completion of the work, the PM/COR will accept the work provided and authorize payment, by accepting the Contractor's fully compliant payment request.

T. 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 work 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:

Page | 18

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

PM/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

Page | 19 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.

i. 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 project Manager and contracting officer and the PM/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) shall coordinate with the

Project Manager and Contracting Officer Representative for instructions

Page | 20 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 shall 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 shall 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: Shall be issued a PIV/ID badge in accordance with the facility PIV Policy. Contactors shall contact their assigned VA Project Manager/Contracting Officer Representative

(PM/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 shall identify personnel using the following procedures as appropriate.

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

Contract personnel not involved in an actual construction project shall report to police dispatch for issuance of a numbered badge. A driver’s

Page | 21 license or photo ID shall be required each day upon entering the facility, in exchange for the badge, and shall be given back once the badge is returned to police dispatch. The contractor shall 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

PM/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.

a. 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 Project

Manager and 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

Page | 22 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 Project Manager and

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 Project Manager’s and

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…