673 22 120 Design Build SOW - Oct 2022.pdf

James A. Haley VA Hospital

PROJECT TITLE: IMPROVE JAHVH CAMPUS GROUNDS PHASE 1

DESIGN /BUILD

Project No. 673-22-120 8/19/2022

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STATEMENT OF WORK

A. PROJECT OBJECTIVE

The James A. Haley Veterans’ Hospital civil amenities through the years deteriorated, damages to wear and tear that in some areas, it become a safety issue. The campus sidewalk and road network and parking should be restudied, planned, repaired, and constructed to maximize its potential and make it convenient to both patient, visitors, and public use of the facility. The VA shall engage the services of a

General Contractor in a Design /Build contract to produce architectural plans and specifications to be use for construction.

The General Contractor shall subcontract the preparation construction document to a registered A/E. The A/E shall base the design to the VA issued preliminary design plan, coordinate, and collaborate with the VA requirements below. Part of the campus improvement are the addition of U S military flags and US Flag/s and at Building 68 install a patriotic Mural along the Richard Silver Way.

The general contractor shall submit the construction document for VA review process and approval. The subcontracted A/E shall be the

Architect of record through the completion of the project. It is the responsibility of the General Contractor request for information(RFI)from the VA representative interpretation of this

SOW.

B. DEFINITION

Design-Build (DB) as defined by the Department of Veterans Affairs

(VA) is the procurement by the Government, under one contract, with one firm (which may be a joint venture) for both design and construction services for a specific project.

Campus Grounds shall be defined as VA property or properties exterior of the buildings that included open areas, walkways, sidewalks, roads, and parking lots with all the ground covers and landscaping.

As Built drawing shall be defined VA property drawings requested by the general contractor reflected as Task in the CPM. The GC request for as built plans, required duration and with 0 cost value. All VA documents are confidential materials and for use of this project

DESIGN /BUILD

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Page | 2 only. All VA materials shall be returned to the VA after the completion of project.

General Contractor (G C) shall be defined as certified SDVOSB construction company with partnership to a Florida licensed architectural firm as this project requirement in Design/ Build contract.

C. SCOPE OF WORK

C.1 Furnish all necessary professional services including a cost loaded CPM schedule of Works from design phase to construction phase, and schedule of Values in AIA Form 702 and 703, 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 #673-21-120 Improve JAHVH Campus Grounds, located at 13000

Bruce B. Downs Boulevard, Tampa, Florida, 33612. The work includes, but is not limited to site investigation, design and working drawing preparation, and technical specification. Construction document shall be approved by the VA PM/COR, as Phase 1 or Design phase.

C.2 Construction phase shall include phase planning, demolition and compliant waste disposal, construction, and implantation of VA approved Construction documents.

C.3 The GC shall provide competent inspections with timely reports to the

VA Project Manager (PM) for review prior to Construction. 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.

C.4 The GC Team shall perform an environmental assessment of the project to be submitted to the VA Environmental Engineer prior to the start of construction. The GC Team shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project.

C.5 Building 42-East and West Side Entry driveway entrance- redesign entry approach and sidewalks. West sidewalk shall be connected to existing sidewalk to both north and south sides. Landscaping shall be included in this area design scope.

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C.6 Building 42 front Parking-survey and document requirements to shave down uneven concrete slab, seal all cracks, reintroduce expansion joints. Correct parking slope to drain and black top finish sealed whole parking area with traffic paint parking lines and ADA parking signs.

C.7 Campus Sidewalk system

C.7.1 Sidewalk and walkways-Survey and document campus sidewalks deterioration and damages in demolition plan. Redesign walkway and sidewalks in the following areas a) Gate 6 b) Gate 3 c) Between Building 1 and New Bed

Tower Building and provide low voltage lighting at walkways and sidewalks as needed. Landscaping shall be included in this area design scope.

C.7.2 Patriotic Flag display (US, VA and state’s flag, all Military flags)-Along Richard Silver Way, design solar luminated Flag display. Present two perspective rendering of the design for VA approval. Landscaping shall be included in this area design scope.

C.7.3 Curbs, gutters, ramps, and rails, and detected damages as shown in construction drawing’s demolition plan shall be re reconstructed per VA approved plans and specification.

C.7.4 Campus roads, parking, and function pavement-As identified, in VA issued JAHVH Campus plan, the A/E shall survey, and document specified campus roads and parking areas in demolition plan. Plan documented roads and parking area shall have correct slope to drain, and manholes, grates, and access plate

C.7.5 Campus Perimeter Gates and Fences- the survey and documentation of all the damages and oxidation of the perimeter Gates and Fences, concrete.

Stucco and black steel fences from finish grade to complete height of the structure. Detail method of repair, construction, and painting shall be per

VA approved plans and specification.

C.7.6 Building 68 Mural installation- Building South wall survey and documentation of the walls, and the verified retrofitting or resurfacing preparation for approved mural design installation base on the VA approved plans and speciation. The wall shall be prepared for solar lighting to luminate the mural at nighttime.

C.7.7 Mural-The design shall have patriotic theme with the General contractor shall commission a known experienced mural artist who will specify the medium to be use for the Mural. The General Contractor shall submit 2 design proposal in man’s eye view perspective rendering depicting the Mural

DESIGN /BUILD

Project No. 673-22-120 8/19/2022

Page | 4 for VA approval. The material to be use shall be resistance to fading, chipping, and flaking for ten-year period.

C.7.8 Juliet, Romeo and Freedom Parking Lots-The survey and documentation of the parking lot for the removal of existing grass top parking space and shall be prep and pave with asphalt sealed with black top finished. The parking lines and traffic directions shall be designed to maximize or add number of parking space in plans and complete specs.

C.7.9 Erosion Control-Survey of parking lots and campus retaining pond embankments may show damages from erosion. The GC shall provide design for erosion solution such as rip-rap, baffles, barrier, and planting with mesh fiber for VA approval.

D. Purpose: The GC with collaboration partner A/E, architect of record shall complete construction working drawing and specification for construction of VA approved construction working drawing and specification from the Architect of records, the repair, rehabilitation, and construction per VA approved plans and specification.

F. 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 Works and Values, and 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) for review and

VA PM acceptance prior to issuance of NTP for Construction.

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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.

All VA provided drawings/documents shall be confidential and shall be used for this purpose of this project. The A/E shall review, and field verify all drawings /documents accuracy. 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.

G. Project Description: The GC shall completely provide all Design to VA

Approval, and the implementation and execution of repair, and construction of the VA approved the 100% Contract Drawings designs. The GC shall use, install, and construct per specifications and manufacturer directions to ensure the Life Cycle of the structure.

Execution:

a. Fifteen days after the kickoff meeting, the GC shall have a VA PM/COR approved works and values schedule, and cost loaded CPM as stated in

TIL Section 01 32 16.01. The Contracting Officer shall issue an NTP in fifteen days or after GC compliance with TIL Section 01 32 16.01 requirement, failure to comply said requirement may result to cancelation of this contract.

b. The GC shall furnish the VA approved complete plans and specification that shall be used for this project construction to completion.

c. The GC shall provide all necessary materials, labor, and equipment per

VA approved plans and specifications.

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 pedestrian/traffic control and parking control measures to perform the contract.

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f. The contractor is responsible for removal of all trash and debris because of the installation. Prepare, complete, and submit to the VA

Waste management monthly report.

H. 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.

I. 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 GC Design 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 civil, architectural, electrical demolition shall be based on VA approved plans, and specification.

3. CIVIL: Work may include architectural modification and structural work. Civil engineering is expected to be completed by a Florida

Licensed Civil Engineer for any needed civil work in this project.

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. ELECTRICAL: The GC Design 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

Page | 7 systems, security system, communications system, fire / safety system, etc. as needed and with available capacity.

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 GC 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.

8. EQUIPMENT: The GC 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 GC Team shall provide other documentation (i.e., calculations, reports, recommendations, etc.) that is appropriate to support the

Page | 8 design effort and to keep the Government fully informed of all issues or potential problems. 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.

J. Additional Requirements and Information:

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

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

Interim Life Safety provisions for impacted areas, both temporary and permanent measures. The GC 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 GC 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 GC 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 to comply with the accreditation requirements of the joint Commission. Therefore, designs shall comply with the

Page | 9 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 GC Design Team 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 GC 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 GC 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.nationalcadstandard.org/

Page | 10 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 COR 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 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:

a. Schematic Design “SD”:

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

0)

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

+ 10 Days http://www.cfm.va.gov/TIL/spec.asp#02

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d. First Review Meeting and Return First Submission: Approved Design

+ 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): Approved

Design + 20 Days

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

Design + 31 Days

i. Second Review Meeting and Return Second Submission: D Approved design + 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): Approved

Design + 42 Days

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

56 Days

n. Third Review Meeting and Return Third Submission: Approved Design

+ 70 Days

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

p. Fourth Submission Contract Documents (CD2, 100%): Approved Design

+ 84 Days

q. Fourth Review Meeting and Return Fourth Submission: Approved Design

+ 98 Days

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

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

Approved Design + 112 Days

(Overall Contract Period of Performance: Design NTP + 360 Days)

7. REVIEW MEETINGS: The DB Team shall call for a design review meeting 3 days after each submission during the design process and provide meeting minutes to the VA for approval and distribution.

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.

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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.

K. 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.

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.

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L. 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.

M. 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, 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.

J. UNSCHEDULED REPAIRS AND EMERGENCY SERVICE:

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• Contractor shall provide a telephone number for repair services assistance. Contractor shall notify the PM/COR immediately if the telephone number is changed.

• Contractor shall respond to emergency repair calls with their installation/warranty by phone normally within two (2) hours but no more than four (4) hours. Contractor shall provide an on-site response time of no more than four (4) hours or next business day if call is made after 1:00 p.m. and be required to repair the equipment and place it back in service within twenty-four (24) hours after notification by telephone call (unless another specified time is agreed to by the

PM/COR placing the service call request). Response time is defined as time contractor is first notified until the time vendor arrives on station. Failure to meet the required on-site response or repair time shall allow the Government an option to contact a third-party vendor to provide services. Costs for services provided by a third party shall be billed against the Contractor.

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 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:

• 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. The project shall be completed within __________ days from NTP.

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

Page | 15 incurred by the contractor through the actions of parties other than the PM 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.

• 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 in 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

Page | 16 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, show timely subcontractor completed payment back up data, and for every substantial completion claim shall back up with subcon release of claim..

• 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 PM/COR no later than 10 days after award. The inspection schedule shall be submitted to the PM/COR sixty

(60) days prior to the start of the next inspection.

Q. PERFORMANCE STANDARDS

• Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality

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Assurance Surveillance Plan (QASP) method of surveillance shall be by random inspection and monthly monitoring. 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/.

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

Page | 18 are completed, reports are submitted, and desired outcomes are achieved. When a surveillance 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.

• METHOD OF SURVEILLANCE: Simplified methods of surveillance shall be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic assessments of service and customer feedback.

• Periodic Assessment of Services — For services that occur over several months, the COR shall evaluate contractor performance on a quarterly 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.

• Customer Feedback — Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. To be considered valid, the customer complaint must clearly articulate the nature of the complaint, time, date, etc. The PM/COR shall investigate the complaint; if determined valid, the PM/COR shall advise the CO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file.

S. SURVEILLANCE PROCEDURES:

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

Evaluations shall be to the extent practical to assure the contractor provides quality services IAW the requirements of the contract. Evaluations could be evaluation, /validation of contractor supplied performance data, as well as analysis of Customer feedback, for performance trends and to ensure valid customer concerns are resolved timely.

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

Page | 19 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 systemic in nature. If the issue is determined to be an isolated occurrence, the

PM/COR shall continue with Quarterly 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 ask 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 services that are found deficient.

Failure to complete corrective actions shall be reported immediately to the CO for further action. Upon satisfactory completion of the work, the PM/COR will accept the services provided and authorize payment, by accepting the Contractor's invoice in Wide Area

Workflow.

T. SURVEILLANCE STANDARD:

• The Performance Standard set forth in the SOW and Line items is the standard the Contractor must meet for services to be deemed acceptable. Generally, under commercial services contracts, the

Government is relying on the Contractor's assurances that the services comply to contract requirements. Consistent with FAR

52.212-4, Contract Terms and Conditions, (a) Inspection and

Acceptance, the Contractor shall only tender for acceptance those services that comply to the requirements of the contract/order. The

Government shall require re-performance of noncompliant services at no increase in contract price. The Government reserves the right to refuse acceptance of noncompliant services. In no case, shall the

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Government's right to inspect services under the inspection provisions of the contract be prejudiced.

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 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

Page | 21 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:

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

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, so they follow 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

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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…