A-E SOW 687-24-104 COMBINED Steam Lines and B145 02.pdf

ARCHITECT / ENGINEER

Statement of Work

Facility: Jonathan M. Wainwright Memorial VA Medical Center Project Name: A/E Services, Extend and Repair Steam Heat Utilities and Correct B145 Deficiencies Project Number: 687-24-104 Date: 02/29/2024

Place of Performance Walla Walla Campus 77 Wainwright Dr.

Walla Walla, WA 99362

PROJECT BACKGROUND:

The Walla Walla Veterans Administration Medical Center (WWVA) has a newly renovated centralized steam generation plant and seeks to utilize this steam in additional buildings.

The campus steam and condensate distribution loop was replaced in 2013, except for the piping from the loop to the buildings. Three buildings were constructed in 2011, all utilizing decentralized low pressure boiler systems for hydronic heating. When these buildings were planned , it was thought that the steam generation plant would be decommissioned.

Since then, plans have changed; now the campus is out of compliance with VHA Directive 1810 Boiler and Boiler Plant Operations. In addition, the branch lines connecting the primary steam loop with the individual buildings are failing in many areas and require replacement.

WWVA also Specialty Care Clinic (B145) with several deficiencies that prevent the building from functioning properly. This project will upgrade HVAC system to function properly.

1.0 OVERVIEW

Provide Architect/Engineer professional services to include Schematic Documents, Design Development Documents, and Construction Documents. Work included in these deliverables is preliminary concept and program development, investigative services, design narratives/analysis, planning consultations and visits, design work, calculations, preparation of contract drawings and specifications, sample boards, preparation of cost estimates, construction period services, site visits.

2.0 SCOPE OF WORK:

Extend and Repair Steam Heat Utilities:

Design a steam transportation system connecting the existing primary loop with the appropriate buildings, replacing independent boilers with heat exchangers, utilizing our centralized steam generation plant for both building heat and domestic hot water.

Correct B145 Deficiencies:

Specifically, this project will upgrade Building 145 HVAC system to function properly.

Room temperatures in the wintertime are 7- 10 degrees below set point and multiple components frequently require manual reset. Numerous items affecting the fire sprinkler system, fire and smoke partitions, missing drains, and others, require correction.

SPECIFIC TASKS:

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A. Extend and Repair Steam Heat Utilities:

Evaluate and replace, the steam and condensate lines, traps, pumps, insulation and other appurtenances from the main loop to the steam utility entrances of Buildings B63, B65, B66, B74, B76, B77, B78, B81, B82, T-1, T-2 and T-7. Evaluations shall include:

a. Steam trap distances to not exceed 200’ apart.

b. Steam trap pressure differential pressures on all current existing traps.

c. Existing steam plant capabilities to supply steam to buildings 140, 0143, and

145.

d. Insulation:

i. Damage or discoloring of outer jacketing;

ii. Penetrations left unsealed;

iii. Loose or missing insulation;

iv. Ice, mold, mildew or condensation on the jacketing;

v. Jacketing that is sagging or pulling away from the pipe/support;

vi. “Hot spots” in the insulation system;

vii. Expansion or contraction joints that appear to be functioning incorrectly.

e. Install new steam and condensate lines from the main loop into B140, B143 and B145.

f. Evaluate size of steam heat exchangers to supply heating water, domestic hot water and steam humidification in B140, B143 and B145.

g. Evaluate the space constraints in the current mechanical room and determine if an external building is necessary to house the new and existing equipment. Demolish natural gas boilers, water heaters, and related utilities in B140, B143, and B145 not suitable for reuse.

h. Evaluate the feasibility of installing steam heat exchangers to supply heat and hot water to B48 and B49. If feasible, demolish existing systems and install heat exchangers and install new steam and condensate lines from the main loop into B48 and B49.

i. Design shut-off valves to isolate each building independently and pressure reducing valves as necessary.

j. Include valve pits, as necessary, to access shutoff valves.

k. Provide comprehensive maintenance plans inclusive of valve schedules, Correct B145 Deficiencies preventive maintenance tasks with steps and frequencies. This maintenance document must be in an editable form of excel or Adobe editable Form format.

B. Correct B145 Deficiencies:

Provide all professional services required for an analysis and design for the scope of work as outlined above. The work includes, HVAC, plumbing and fire/life safety upgrades.

a. Evaluate B145 HVAC system for deficienciesEvaluate B145 Fire/Life safety system for deficiencies.

b. Review Government-provided HVAC assessment and independent report.

c. Evaluate the space constraints in the current mechanical room and determine if an external building is necessary to house the new and existing equipment.

3.0 A/E RESPONSIBILITIES:

A. Pre-Design Site Investigation: Conduct a thorough site inspection to verify existing conditions. At least three days prior to visit provide an agenda for site visit.

a. A report of all questions, comments and observations that may affect the design shall be annotated during the visit and emailed by the Contracting Officer Representative (COR) to contractor.

b. A response to each item in the email shall be expected within 3 days of being sent. The responses should include if and how the item shall affect the design.

B. Produce a complete set of drawings for each division of construction, outlined by PG- 18-1, required for the scope of this project. A design narrative/analysis that explains the basis of design shall explain not only why the preferred design path is recommended but also explain why alternatives were excluded. Calculations, sample boards, and specifications shall be drafted in accordance with professional standard practices and VA criteria found in the VA TIL. Each AE discipline shall obtain from the VA TIL a copy of their respective VA design manuals, standard details, construction standards, and VA National CAD Standard (NCS) Application Guide. A/E shall annotate all references and their sections in the narrative, calculations, specs etc that apply to the project.

C. Provide a checklist of all submittals, certifications, tests, and inspections required per drawing and specification section.

D. Attend a kickoff meeting with VA engineering staff. Include a thorough site inspection of existing project area. Don’t rely on the accuracy of the original construction drawings for information. This meeting will include a tour to view the project site.

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E. Recommend design approach and options based on the existing site and new engineering requirements. Include design approach and options in the schematic design narrative prior to start of design phase. Design approach shall explain the ruling out of common options.

F. Plan, coordinate, and conduct monthly design and coordination meetings between A/E technical disciplines before submitting material for each VA review. COR to establish a File Transfer Protocol site or other project management site suitable for the file sizes for use by the A/E and the VA to review documents and assist in communication.

G. Provide a preliminary cost estimate as part of the schematic design phase and an itemized cost estimates at mid-design and final design. Follow the Manual for Preparation of Cost Estimates for specific deliverable requirements, see Attachment 2 for applicable sections.

H. Provide a recommended construction period of performance, with estimated variance, and risk register.

3.1 DESIGN CRITERIA:

A. Design within Funding Limits: the construction cost limit for the construction contract cannot exceed $8,054,000.

B. The following criteria, found in the VA Technical Information Library at http://www.cfm.va.gov/TIL/, shall be used to develop the design. Many of the below documents refer in turn to other manuals, designs, and codes; all of them must be followed unless a deviation is called for below. Where conflict of any reference occurs, the A/E shall notify the VA and request clarification on how to proceed. Track these conflicts in a conflict registry as seen in Attachment 1.

1. Master Construction Specifications PG-18-1

2. Design & Construction Procedures PG-18-3

a. Topic 18: Every analysis listed in Topic 18 shall only be performed if explicitly called out in this Statement of Work.

3. Standard Details and CAD Standards PG-18-4

4. Equipment Guide List PG-18-5

a. Priority shall be given to PG-18-9 and PG-18-10 as well as the end user needs at the facility. Any conflicts must be submitted to VA for clarification and approval.

5. Space Planning Criteria, and VA-Space & Equipment Planning System (VA-SEPS)

PG-18-9

http://www.cfm.va.gov/TIL/

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a. All space planning design shall be coordinated and approved by the facility space planner.

6. Design Manuals (by discipline) PG-18-10

7. Design Guides (graphical, by function) PG-18-12

8. Topic Specific Standards and Criteria PG-18-13

9. Room Finishes, Door, and Hardware Schedules PG-18-14

10. Minimum Requirements for A/E Submissions PG-18-15 Vol C

Section I Submission Deviations:

a. Replace paragraph A.7 with the following: Submit with each design submission, all calculations, assumptions, reports, investigations, and analyses performed, generated, used for reference, or similar, that influenced the outcome of the design. All calculations shall be labeled and reference the appropriate section of the narrative, and each narrative associated with calculations shall cross reference back to the appropriately labeled calculation. All calculations submitted during a review shall be resubmitted during subsequent reviews for any changes.

b. Per paragraph A.11 final drawings shall be furnished in an electronic / non-physical format that can be downloaded (email, a database, etc.)

c. Omit paragraph B.4

d. Paragraph D.2: Resubmission, if necessary, shall be 5 calendar days after the COR returns the plan.

e. Paragraph E: adjust minimum of three vendor submissions for additional services to a minimum of two submissions.

f. Paragraph F.A Schematics phasing meeting shall be required. Contractor shall propose a date to outline phasing requirements that will allow A/E to have the deliverable to the COR at least two working weeks before deadline of schematics.

g. It is expected the checklists shall be followed unless contractor asks for approval to deviate with a formal RFI request.

Section II Submission Deviations:

a. A Submission checklist shall be provided for COR approval of the SD two weeks after NTP.

b. All cost estimates shall include the calculations and narratives to support assumptions and where the data used for the calculations came from.

Correct B145 Deficiencies

c. Any conflict that is demonstrated between the checklists in this PG and the sample checklists on the TIL will be resolved via the checklist submission and approval process.

11. Environmental Planning Guide PG-18-17

12. Seismic Design Requirements H-18-8

13. Manual for Preparation of Cost Estimates TIL A/E Submissions

a. Per Section 2 paragraph, the more stringent of requirements shall be adhered to. A/E shall notify VA of conflict via the registry document, as required in paragraph B above.

b. Disregard references to the Project Book.

c. See https://www.cfm.va.gov/cost/ for some templates required by Table 2-

1.

C. Provide a phasing schedule that ensures the least disruptive construction schedule and design the subsequent work accordingly.

D. The specifications and drawings may refer to brand names for components or equipment but must also include “or approved equivalent”.

E. Each progressive design submittal should build upon the previous narrative, otherwise known as Basis of Design, to provide a clear development and design philosophy fitting to the project.

F. The A/E will schedule a design review meeting after the VA review of each submission.

The meeting invitees will include the CO, COR and any other stakeholders identified throughout the project.. The A/E will take and distribute meeting minutes and include input into subsequent design submissions.

3.2 DRAWINGS

A. All drawings and specifications shall be based on standard Department of Veterans

Affairs guidelines, Program Guide PG-18-3 Design & Construction Procedures and Program Guide PG-18-15 Contractor Submission Instructions for Minor & NRM Construction Program and all supplements listed herein. Where available, the COR will provide the Contractor with AutoCAD drawings for use as background information.

B. Provide all drawings and specifications necessary for a contractor to complete construction, including direction to the contractor for staging areas, utility shutdowns, building access, security, parking, and any required phasing. Attend design review meetings to go over WWVA comments and discuss any issues (see schedule below).

Record drawings of all project changes in latest AutoCAD (.dwg) or BIM and Portable Document (PDF) format after the project is complete.

https://www.cfm.va.gov/cost/ Howe, Susan L. (NCO20) Already stated in 3.0D.

Correct B145 Deficiencies

C. Drawings shall be done in plan view at a minimum scale of 1/8" = 1'-0", where necessary, and, generally, 1/4" = 1'-0" or larger. Details will be done in minimum scale of 1/4" = 1'-0" or larger. Drawings shall be independent for architectural, electrical, etc., design shall denote, on separate views, the required demolition and reconstruction details on the same sheet for each function, where possible. All drawings in project set shall be on same type and size sheets.

D. All views, elevations, sections, details, nomenclatures, etc., shall be complete to ensure contractor compliance.

E. All contract drawings shall be provided to the COR in latest AutoCAD format and PDF format for all design submissions and for final construction documents. Ensure that ALL drawing information is clearly defined in the PDF format, since solid fills with lines in the middle and layers with different percent masking may not be printed in color and certain features may be lost when printing in raster format. It is the responsibility of the A/E to require that all their consultants and subcontractors follow these guidelines.

F. The drawings will be produced using national CAD standards and WWVA details on a WWVA provided title block. All drawings will be standard scaled drawings. A/E to stamp drawings as to which review (Schematic Design SD, DD1, DD2, CD1 or CD2).

Also, note on review drawings "Not for Construction."

G. WWVA furnished drawings are available for reference only. The A/E is responsible for verifying the drawing accuracy.

3.3 SPECIFICATIONS

A. Specifications shall be based on the Department of Veterans Affairs Master Construction

Specifications with A/E revisions, additions, deletions, etc. as required to assure all phases and facets of work are specifically covered without error or omission. For each specification section that applies to this project, a word document with track changes shall be provided for the COR to review. After the review meeting, the track changes can be accepted so that the next review shall only show changes done from the previous submission.

B. The A/E is responsible for reviewing the specification sections used and to revise, add, delete, etc. prior to providing the finished specification package to WWVA. Unnecessary items shall be deleted in entirety. The intent is to provide a complete set of construction documents for the project without extraneous information. The following design items are in addition to or different from VA Master Specification Requirements and will be included in drawings and/or specifications:

1. Where multiplicity is referenced in the provided specifications, consult the COR to eliminate such multiplicity. The construction contractor shall not be given alternatives or choices but must provide specific items as detailed in the specifications.

Correct B145 Deficiencies

C. Provide the name and type of materials currently used and necessary for use on the contract for which he is responsible to the COR. In the specifications, the items shall be named specifically with an add-on statement such as: "or approved equal.” Notify the COR if there are no equals available.

D. Include a paragraph entitled "Submittal of Samples and Shop Drawings.” in each Construction Section of the specifications Under that Section, list all of the items within that particular section of the specifications for which samples and shop drawings are required,

3.4 DESIGN SUBMITTALS:

A. Design Submittals are included in Attachment 2, Design Submittals. Additional submittal requirements are shown within the specific section below. Refer to PG-18- 15 for more details. All electronic files must be sized less than 7MB and shall be structured and organized in sections that are not divided from one file to another.

B. Drawings:

a. C-size drawings (2 sets)

b. Construction Cost Estimate (2 sets)

c. Label all pages of the drawings and the specification with Project Name, Project Number and appropriate Design Submittal Designation (e.g. DD-1).

d. Electronic (pdf) copies of all documents.

e. Incorporate the corrections, adjustments, and changes made by WWVA at the previous review.

f. Responses to the preceding WWVA Review comments.

C. The following are required design submissions for this project:

1. Schematic Design (SD-1 and SD-2) Package, 15%

a. The design team must demonstrate that it has fully investigated the design issues, has determined the key design variables and can show appropriate solutions. The presentation must indicate a comprehensive grasp of space requirements, functional adjacencies, environmental impact, building envelope and orientation, energy efficiency, sustainability, seismic corrections (where necessary) and physical security requirements. The must include required surveys such as Asbestos, Lead, Site Borings, Geo-tech and any other services required to facilitate a complete and well-coordinated design.

b. Schematic Design Manual two sets of 8-1/2” x 11” Schematic Design Manual in three-ring binders

Correct B145 Deficiencies

c. Discuss with COR budget estimate and design within funding limitations to further focus design efforts. Cost estimate shall be submitted and followed per the guidelines referenced in the Attachment 2.

d. Narratives as a Basis of Design shall document the principles, assumptions, rationale, criteria/requirements, and considerations used for calculations and decisions required during design. These areas of consideration shall cross reference to the sections of the appropriate calculation sections.

e. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

2. Design Development (DD-1), 35%?

a. Complete submittal of design drawings, specifications including material submittal listing, and finish schedule based on the approved SD Package.

b. Discuss with COR budget estimate and design within funding limitations to further focus design efforts. Cost estimate shall be submitted and followed per the guidelines referenced in Attachment 2.

c. Basis of Design shall be updated and submitted for comments.

d. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

3. Design Development 2 (DD-2) Package, (this review package completes Part A Services) 65%?

a. Prepare advanced detailed design in all disciplines, complete engineering drawings, and specifications in preparation for full contract drawings and specifications for the approved design based on the approved DD-1 Package.

b. Basis of Design shall be updated and submitted for comments.

c. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

4. Construction Document (CD-1) Package for Solicitation 95%?

a. Complete submittal of design drawings, specifications and final, detailed cost estimate based on the approved DD-2 Package.

b. Submittal Register (Excel format) and finish schedule.

c. Basis of Design shall be updated and submitted for comments.

Correct B145 Deficiencies

d. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

5. Construction Document (CD-2) (including any amendments or other changes from the CD-1 phase). 100%?

a. One set of E1-size drawings.

b. Complete and bound specifications, two sets, plus electronic copy in MS

Word format.

c. Submittal Register (Excel format) and finish schedule.

d. Basis of Design shall be updated and submitted for comments.

e. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

6. Record Drawings (note: to include all As-built conditions).

a. One set of E-size drawings.

b. Electronic copies to include Record Drawings in PDF and the latest AutoCAD format and specifications in MS Word and PDF format.

D. Construction Document Requirements:

1. The drawings must include the WWVA’s construction project number.

2. The clause and specification book must be in MS Word and PDF.

3. Each page of the clause and specification book must carry the project number in the top margin and page numbers.

E. The COR will supply files, forms, directives etc. necessary for the specific project in digital format for the contractor to incorporate into the design at the DD2 submittal.

F. Design Submittal Schedule: Design time allotted shall be 360 calendar days after award. Within 10 calendar days after award, contractor and VA shall attend a kickoff meeting where A/E shall propose a schedule which is based off calendar days. This is to ensure proper response time is allowed during reviews.

PERIOD OF PERFORMANCE CHART (IN CALENDAR DAYS AFTER NTP)

Level Complete Calendar Days

VA

Review/Meeting/Comment

Response

Total Days After

NTP

Kick-Off Meeting 10 0 10

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SD Review (15%) 60 20 90 DD1 Review (35%) 60 20 170 DD2 Review (65%) 60 20 250 CD1 Review (95%) 60 20 330 CD2 Review (100%) 20 10 360

G. The review submission packages will incorporate the comments from the previous review. If any package is not complete for the required stage a post-review may be required, the cost of which will be borne by the Contractor.

H. Each review submission package shall be submitted in electronic format and hardcopy as defined above. It shall include an index of drawings (by sheet number and title) and specifications (by section number and title) submitted. The packages will be submitted to the COR.

I. The COR will review the design submission package according to the timelines set forth above and provide comments/approvals, either electronically, or by hard copy delivery.

J. Professional Licensing: The A/E who prepares the construction documents shall be a licensed professional architect or engineer appropriate to the system being designed.

K. The professional seal for this state license shall appear on the final construction documents. The A/E whose seal is shown will be known as the Architect of Record.

The A/E shall certify compliance with the VA RFP and all applicable codes.

L. If the final construction documents submission package is not complete; a post submittal may be required at no additional cost to the WWVA.

M. If construction bid clarifications are required, the A/E shall respond to the COR within three calendar days of receipt of the pre-bid RFI.

3.5 CONSTRUCTION COST ESTIMATES:

A. A construction cost estimate is required at all design submission phases (SD through

CD design). Design will be based on the project budget and include 20% deductive proposal alternates. The alternates shall have a narrative to define how they shall impact scope. A narrative of risk shall also be incorporated. If the cost estimate shall go over construction budget, then an alternate proposal that meets the construction budget shall be submitted.

B. Preliminary Construction Estimate: Include all direct construction costs broken down by major specification divisions. Include line items for construction contractor profit, overhead and risk.

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C. With input from and final approval by the VA, create a schedule of values based on specification sections developed during design phases for use during the construction period to monitor progress and as the work is completed.

D. The schedule of values shall not be confused with the preliminary and detailed construction estimates that are due as part of the design submittals.

3.6 PROJECT SOLICITATION PHASE:

A. Do not have any discussions with any potential offerors. Refer all questions to the CO.

B. Provide assistance with clarification on discrepancies of cost estimates that are over or under 10% compared to the proposal.

C. Attend Pre-Proposal / Site walk conference.

D. Provide written clarifications to questions about specifications and drawings that are submitted by prospective offerors prior to submission of offers. Written responses shall be prepared and forwarded directly to the CO and COR. Do not provide responses directly to /offerors.

3.7 PROJECT CONSTRUCTION PHASE:

A. Attend the Pre-Construction Conference.

B. Participate in a minimum of three construction site inspections, prepare site inspection reports, attend job meetings, review construction progress schedules, and prepare and distributes job meeting minutes.

C. Representative attend construction monthly meetings as requested by COR.

Teleconference will be acceptable in most instances.

D. Site Visits:

1. Survey site and verify existing structures and utilities. Do not depend on original construction drawings for information.

2. Attend a pre-bid, pre-con, and final inspection.

a. One team visit for final inspection.

b. Include periodic inspections and scheduled inspections prior to wall and ceiling closings.

c. VA escort and temporary badging is required while on site.

d. Visit the site to obtain details of the specific areas covered by this contract in order to fully complete the drawings and specifications without error or omission.

E. Provide shop drawing and material submittal review and evaluation for comment to the COR. Be responsible for routing the submittals to their consultants responsible for

Correct B145 Deficiencies the review. Within 14 calendar days of receipt of the submittals provide review and stamped submittals to the COR. On a monthly basis provide an updated submittal log to the VA indication the status of all submittals required under contract. The submittal process is detailed further in the following section.

F. Review and respond in writing to Request for Information (RFI's) and Cost proposals from the contractor sent by the COR. Do not respond directly to the contractor. The A/E is responsible for routing the documents to their consultants. Return their responses to the VA within 3 calendar days of receipt. Prepare an independent cost analysis for required changes.

G. Provide review and evaluation of contractor's fee proposals and proposed contract changes to the CO and to the COR when required. Construction period services for the Contractor shall occur throughout this contract and shall include resolution of unexpected construction problems.

H. Notate modifications to the final design drawings and provide "as-built" drawings in AutoCAD format to the COR within 30 calendar days of receiving the marked up as-build construction drawings to include:

1. One complete set of original E-size drawings of final construction As-Built drawings.

2. One CD-ROM of final As-Built construction drawings in AutoCAD format compatible with the current WWVA version.

3.8 REQUESTS FOR INFORMATION:

A. Construction contractors Request for Information (RFI) and Cost Proposals:

a. Review the RFI's or the cost proposals sent by the COR.

b. Route the documents to the appropriate consultant.

c. Return the response to the COR within three (3) calendar days.

d. Do not send the response directly to the Contractor unless directed by

COR.

e. If directed by COR, prepare and independent cost estimate for the proposal.

3.9 PAYMENT:

A. Design: Payment for preparing construction drawings and specifications at each submittal stage will be at the Contract lump sum amount for the pay item “Design”.

Payment for a design submittal will be authorized upon acceptance of the submittal and not exceed the maximum percentages indicated for the total contract cost. Partial payments during construction period services, including site visits, may be approved

Correct B145 Deficiencies based on the percentage of work completed. Payment will be according to the following schedule:

a. SD Design (Schematic) 15% Total Design Fee

b. DD1 Design 35% Total Design Fee

c. DD2 Design (Completes Part A Services) 65% Total Design Fee

d. CD1 Design 95% Total Design Fee

e. CD2 (Through Construction Drawings) 100% Total Design Fee

f. Construction Period Services Monthly, percentage services performed

g. Site Visits Monthly, on month performed

B. Construction: Payment for construction work shall be billed for as work is completed.

Work shall be billed against the schedule of values generated by the detailed construction estimate.

3.10 DEFINITIONS:

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

B. Project Engineer/COR (Contracting Officers Representative): The CO's authorized representative at the construction site. When more than one Project Engineer or COR is assigned to a construction project one is designated as being in charge and is called the "Senior Project Engineer/COR". The Project Engineer/COR is responsible for protecting the Government's interest in the execution of the construction contract work.

His/her duties include surveillance of all construction work to assure compliance with the contract documents, interpretation of the contract documents, approval of changed work, approval of all submittals, samples, shop drawings, etc.

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

D. AE: This term, as used herein, refers to the Architect Engineers' firm(s) and hired consultants.

3.11 PRIVACY OFFICER LANGUAGE FOR STATEMENT OF WORK (SOW):

A. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data- General, FAR 52.227-14(d) (1).

B. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to

Correct B145 Deficiencies ensure VA requirements related to data protection and media sanitization can be met.

If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

C. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA CO within 30 days of termination of the contract.

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

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