A1--Final SOW-Dallas CLC.pdf

Dallas VAMC 4500 South Lancaster Rd Dallas, TX 75515

Architect-Engineer Design Scope of Work

Project # 549-215 Expand Bathrooms for Community Living Center Bed-Bath Compliance, Dallas, TX

Estimated Construction Cost: $6,837,600

PROJECT DESCRIPTION

This design project shall engage an Architect Engineering (A/E) firm to provide contract drawings, functional layouts, specifications, construction cost estimates, engineering calculations and subsequent construction period services located at the VA Medical Center Dallas, TX.

The Dallas VAMC is soliciting design services for a future construction project to expand patient bathrooms for patient privacy, replace roofing, flooring, ceiling, windows, and fire doors. The current patient bedrooms in the Community Living Center (CLC)-B wing share a bathroom and the future construction project shall construct a restroom for each patient room for privacy. Additionally, it will provide new millwork, finishes, updated lighting, and sinks in the patient bedrooms. Moreover, the finishes shall be selected by VA and provided by the contractor. In sum, this project shall expand the CLC by 3,300 sq ft and renovate 20,000 sq ft. This project shall also bring HVAC standards up to new pandemic readiness criteria in the CLC. Please note that the design must comply with the Small House (SH) Model Design guide https://www.cfm.va.gov/til/dGuide.asp, and requirements included in the

VA TIL.

OBJECTIVES

1. A/E PART I Services, also known as design phase, includes site visits, field investigation, studies, and user interviews to prepare drawings, specifications, and cost estimates for all facets of work, and to provide a complete construction ready design, scope of work, construction cost estimate, and percent-loaded construction schedule for the construction of the new Community Living Center along with the renovation of existing space.

Design services includes identifying the critical path forward and the Dallas VAMC’s intention to include a 3,300 GSF building expansion to this new expansion design. The completed design shall satisfy all requirements assuring compliance with all applicable local, state and VA/federal codes and guidelines. The A/E shall carry out all due diligence to verify existing conditions. The proposed designs should include the following requirements: complete architectural, structural, electrical, civil, mechanical, communication, and fire protection system design. The A/E shall provide all structural study requirements and/or structural surveys to move walls or make modifications to existing structures. Additionally, the A/E shall provide all plumbing related sanitary modifications for the new design. The A/E shall ensure that the new design is compliant with fire alarm sprinkler code. Further, the A/E shall be given an asbestos survey and shall note on the drawing where asbestos is present. The A/E, working alongside the VA COR, VA facility planning, VA safety and all relevant end users, shall develop a phasing plan and lay down area.

2. A/E PART II Services, also known as the construction period services (CPS) phase, includes responding to construction contractor Requests for Information (RFIs) during the solicitation (solicitation support) and construction phases of the construction project.

Additionally, attendance and active participation at pre-bid, post- award, and project commissioning kickoff construction project conferences is expected. Further, the A/E shall review construction material submittals and shop drawings. The A/E Design firm shall:

A) Include a minimum of six (6) total CPS site visits during construction to ensure compliance with the design drawings and specifications, B) Prepare site visit reports which shall be given to the CO and COR after every site visit.

This site visit report shall contain pictures of what the A/E saw at the time of visit and what they recommend changing for the project.

C) Coordinate project commissioning requirements,

d) Complete the review of any construction project modifications for cost and technical acceptability, E) Attend and participate during the final acceptance inspection

F) Prepare the punch list

G) Prepare the record drawings of the completed construction project based on the construction contractor’s as-built drawings.

H) Prepare the submittal register for construction

The A/E shall prepare a submittal log to be utilized by the VA during construction period services, maintain an RFI log, and provide meeting minutes for weekly construction meetings throughout the duration of construction. Additionally, the AE shall include commissioning verification services to verify balancing Siemens Apogee connections of new mechanical climate control systems.

The A/E shall review the contractor's requests for information and cost proposals for construction change orders when requested by the COR. The A/E's reply regarding his/her review of cost proposals and his/her recommendations shall include an independent breakdown of costs in detail, quantities, and unit prices and shall cover both additions and deductions of labor, materials, and equipment. The A/E shall also supply cost estimates as requested by the COR for Request for Proposals for anticipated changes.

3. The above paragraphs constitute a basic outline of the work to be accomplished and in no way comprises all the details for design of this project. The A/E shall initiate detailed inspection of the project site to determine the needs and conditions for this project design services. Copies of the VA North Texas Health Care System Dallas Texas record drawings shall be made available to the highest rated A/E firm during negotiations and the A/E firm determined to be the most highly qualified for this contract shall verify the validity of the record drawings prior to the start of design work and conduct site investigations as necessary throughout the design.

The A/E shall be solely responsible for the management, including all associated labor, equipment, materials, mailing costs, and inspection, to meet the requirements of the design project. The A/E shall further provide meeting minutes for all meetings held under this design project.

DESIGN INDEPENDENCE, FURNITURE & EQUIPMENT

Designs for construction must produce a “complete and usable” facility or improvement when constructed. VA policy (VHA Office of Capital Assets Management, Engineering and Support memo Updated Construction Guidance and Expectations dated Sep 12, 2016) requires the A/E to certify that their design (including all bid alternates/bid deducts) is independent of any future construction project. Equipment that can be part of the design includes those items to meet code requirements for building occupancy, items covered in the VA’s Master Construction Specifications (PG-18-1) Divisions 1 through 10, 13 through 26 or 28 through 48, non-IT equipment items covered by Division 27 and items covered by Division Numbers 12 31 00, 12 32 00, 12 34 00 and 12 36 00.

The A/E shall submit as part of the Final Bid Documents submittal a signed letter on company letterhead stating the design’s independence.

DELIVERABLES

All drawings and construction document submittals shall be submitted at the 15% programing, 35%, 65%, 95%,100% and 100% Issue For Construction (IFC) design phases, unless otherwise noted. All submittals must receive VA concurrence prior to starting the next phase. If the VA has given feedback on the submittals, the submittals are to be resubmitted with the VA’s feedback incorporated prior to starting the next phase. 100% design drawings shall be approved by the VA.

15% programing document/drawings in digits with REVIT, CAD, and PDF files to the VA COR. Furnish one (1) Set of Full-Size hard copy Drawings, two (2) sets of ½ Size hard copy Drawings and one (1) electronic version.

35% Construction Documents: in digits with REVIT, CAD, and PDF files to the VA COR.

Furnish one (1) Set of Full-Size hard copy Drawings, two (2) sets of ½ Size hard copy Drawings and one (1) electronic version.

65% Construction Documents: in digits with REVIT, CAD and PDF files Drawings and Specifications VA COR. Furnish one (1) Set of Full-Size hard copy Drawings, two (2) sets of ½ Size hard copy Drawings and one (1) electronic version.

95% Construction Documents: in digits with REVIT, CAD and Drawings, Specifications, and an Intermediate Cost Estimate. Furnish one (1) Set of Full-Size hard copy Drawings, two (2) sets of ½ Size hard copy Drawings and one (1) electronic version.

100% Construction Documents: in digits REVIT, CAD and PDF files, 1 Sets of Full-Size Drawings, 2 sets of ½ Size Drawings, 1 Set of Specifications, final Cost Estimate, project manual, construction narratives and construction submittal register.

100% Issue for Construction (IFC) Construction Documents: in digits REVIT, CAD and PDF files, 1 Sets of Full-Size Drawings, 2 sets of ½ Size Drawings, 1 Set of Specifications, final Cost Estimate, project manual, construction narratives and construction submittal register.

All time frames are exclusive of VA review time.

AE shall write up meeting minutes, receive and review submittals for VA final approval.

AE shall furnish VA COR with field investigation or site visit reports.

BASIS FOR DESIGN

A. Design shall comply with current VA specifications, guidelines, design alerts, manuals, details, criteria, instructions, procedures, standards, etc. Refer to the VA Technical Information Library at http://www.cfm.va.gov/TIL/ or the VA Design Manual at https://www.cfm.va.gov/til/dManual.asp). When series standards are not available or are incomplete for a specific function/space, contractor shall apply the standards and guidelines of another series for that specific function or a similar function.

B. Compliance to these standards, National Fire Codes, International Building Codes, and OSHA Standards shall be reflected in the completed design and construction documents. Refer to VA Construction Standard CD-30. Conflicting criteria shall be brought to the attention of VA.

a. VA North Texas Construction Safety Accident Prevention Plan Requirements

VA North Texas Construction Safety Accident Prevention Plan Requirements.doc

C. Comply with current applicable state, local, & federal building codes as well as codes from other recognized authoritative bodies.

D. The AE shall design for a total construction budget between $5,000,000 - $10,000,000.

E. The AE shall review FAR 52.236-22 “Design within Funding Limitations”.

F. Other related referenced standards and VA guidance:

1) Review AE Quality Alerts from the TIL

2) VA TIL, PG-18-3, Design and Construction Procedures

a) Topic 15 - energy efficient and sustainable design policy for va new construction

b) Topic 16 - sustainable buildings policy for new and va Renovation construction

SUBMISSION REQUIREMENTS

A. Program Guide PG-18-15 establishes the guidelines for the AE submissions.

Design shall be performed and submitted in accordance with VA AE Submission Instructions for Minor and NRM Construction Program. Refer to:

http://www.cfm.va.gov/contract/aeDesSubReq.asp. These guidelines indicate a minimum level for submission compliance, which may not be adequate for certain types of design. In some instances, in which critical decisions need to be made, sufficient and relevant information must be provided timely for the design to progress to meet certain milestone dates. The level of applicability of the program guide depends upon the scope of work and the exclusions, which are herein specified. Questions regarding the applicability of specific requirements shall be resolved with the health care system staff prior to any submission deadline.

B. At each submission, all drawings and support material shall be dated and appropriately labeled above the title block. The number of submissions and review times are listed in the below table:

Design Phase Copies Total Duration

Design Kick-off Meeting 1 Calendar Day

15% programing digits 30 Calendar Days

Schematics – 35% digits 30 Calendar Days

VA Review digits 14 Calendar Days

AE provide corrected 35% briefed 07 Calendar Days

Design Development – 65% digits 30 Calendar Days

VA review digits 14 Calendar Days

AE Provide corrected 65% briefed 07 Calendar Days

Construction Documents 95% digits 30 Calendar Days

VA Review digits 14 Calendar Days

AE Provide corrected 95% briefed 07 Calendar Days

Construction Documents 100% digits 30 Calendar Days

VA Review digits 14 Calendar Days

AE Provide corrected 100% / Issue For Construction (IFC) 100% 3 Hard copies/briefed 07 Calendar Days

235 Calendar Days

C. VA submission review comments may be verbal, during a team’s meeting where the A/E is taking meeting minutes, or during a phone call that is followed up by an email, noted directly on review sets, or written list. The AE shall be responsible for compiling & addressing review comments. The AE shall produce & distribute meeting notes or minutes for VA review within two (2) days after each submission review meeting.

D. Design Team Meetings: The AE shall meet with design team consisting of key VA staff (COR, engineering, key personnel, etc.) to conduct interviews to ensure that the design meets VA needs. Design team meetings are suggested after each submission. The number of meetings may vary based on AE experience and design progress. For each submission, furnish 3 copies of all drawings (provide 2 half size and 1 full size drawing sets and CD with drawings), specifications, estimates, and supporting documents (except Bid Document review as stated above).

E. Each design submission will address:

a. Cost Estimate / Budget

b. Physical Security Compliance

c. Space summary that shows individual departmental gross sf, and total project gross sf. Note: All spaces that are enclosed and conditioned are considered occupiable and are to be included in the space calculations.

F. Final bid documents shall be reproduced as part of the contract. An initial 2 sets (1 full size and 1 half size and digits of drawings in Revit, Cad, and PDF) of the Construction Bid Documents are to be delivered to the COR along with electronic media. Specifications shall be PDF and MS Word. Drawings shall be completed in latest version of Revit, AutoCAD, and PDF.

G. Total time to accomplish Schematics, DDs, Digits and IGCE and SOW to construct the Community Living Center.

H. The Period of Performance (Notice of Award through to final reproduced bid documents) shall be 235 Calendar Days. The AE shall propose a submission schedule based upon their understanding of the design and their staffing workload.

The schedule is negotiable so that the timeframes are mutually agreeable to the AE and VA.

AS-BUILT DRAWINGS

The AE shall provide as-built drawings as part of this project. Building layout drawings are provided as a government furnished item to this contract. Any discrepancies shall be verified in the field during the inspection and corrected in the as-built drawings.

CONSTRUCTION DOCUMENTS

The AE shall provide complete construction documents through to As-Built drawings, scheduling, phasing, construction cost estimating and construction period services. The A/E team shall be inclusive of a RCCD certified Engineer, certified Physical security Engineer, Structural Engineer, Architect, Geotechnical Engineer, MEP Engineers, IH Engineer Fire Protection engineer, and others as determined during negotiations. Throughout the design, the AE must use VA specifications located at http://www.cfm.va.gov/TIL/spec.asp. Material submittals must be reviewed and approved in conjunction with the COR.

RECORDS MANAGEMENT STATEMENT

All records (administrative and program specific) created during the period of the contract belong to VA North Texas Health Care System and must be returned to VA North Texas Health Care System at the end of contract or destroyed in accordance with Veterans Health Administration Record Control Schedule (RCS)10-1.

The Contracting Officer’s Representative (COR) and Contracting Officer (CO) of this contract shall assure that:

No information, except that inclusive of delivery of this contract, shall be shared with the contractor in any follow up communications.

None of the information in this contract includes any personal identifiable (employee) information (PII) or personal health information (PHI).

NARA Records Management Language for Contracts (May 2017)

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. VA North Texas Health Care System 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 VA North Texas Health Care System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA North Texas Health Care System. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA North Texas Health Care System control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.

The Contractor (and any sub-contractor) is required to abide by Government and VA North Texas Health Care System 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 VA North Texas Health Care System policy.

8. The Contractor shall not create or maintain any records containing any non-public VA North Texas Health Care System 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 VA North Texas Health Care System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which VA North Texas Health Care System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227- 11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

INNOVATION

Requirements indicated are not intended to limit innovative service delivery of the Contractor. The government shall consider variations from the Statement of Work, if the proposed change is within the schedule and budget limitations, meets the objectives for the project, and results in an improved outcome. In accordance with FAR 52.548-2, Value Engineering-Architect Engineer, the contractor shall perform value engineering (VE) services and submit progress reports as specified in the Schedule; and (2) submit to the Contracting Officer any resulting value engineering proposals (VEP’s). Value engineering activities shall be performed concurrently with, and without delay to, the schedule set forth in the contract. Further, the government must approve all proposed changes in the Statement of Work.

GOVERNMENT FURNISHED MATERIALS

The Government shall provide the following materials to the contractor after contract award to assist with the project. These materials will initially become available during negotiations with the most highly qualified firm.

Attachments

1. Dallas VAMC campus map

2. Community Living Center floor Plans Building

A/E QUALITY ASSURANCE/QUALITY CONTROL

To reduce construction errors and omissions, the design team shall develop and execute a quality assurance surveillance plan (QASP) plan that demonstrates the project plans and specifications have gone through a rigorous, thorough review and coordination effort. Within 14 business days after receipt of Notice of Award (NOA), the design team shall submit a QASP describing each task that shall be taken during development of the various design submission packages of the project. The A/E shall provide the name of the design team member responsible for QASP for Contracting Officer (CO) approval. Further, each task shall be initialed and dated by the responsible design team member.

The QASP shall also cover the construction period services of the project and accompany the 100% final design document submittal package.

RISK CONTROL

The Dallas VAMC is an active hospital and therefore shall require consideration to those areas with patients and staff. The A/E shall be responsible for the administration and management of all aspects of this SOW. This includes responsibility for all contractor employees, subcontracts, agents, and anyone acting for or on behalf of the A/E.

The Government is authorized to restrict the employment under the contract of any contractor employee or prospective contractor employee, who is identified as a potential threat to the health, safety, security, general wellbeing, or operational mission of the installation and its population.

Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while on the installation in conjunction with this contract. This shall be accomplished through the wear of distinctive clothing, overcoats, rain gear, or hats, bearing the company name or logo. The coloring or design of the items selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection.

The A/E’s personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

All Contractor personnel are required to wear identification (I.D.) badges during the entire time they are on the VA grounds. I.D. badges shall have an identification picture and shall state the name of the individual and the company they represent. The VA shall issue an ID badge upon the completed fingerprinting process.

The parties agree that the Contractor’s personnel working as a result of this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

SECURITY

Contractors do not need and shall not be allowed access to any VA personnel or VA patients Personal Health Information (PHI) or Personally Identifiable Information (PII) in the performance of the requirements of this SOW. Additionally, the contractor does not need and shall not be allowed access to VA sensitive information in the performance of the requirements of this SOW.

The contractor shall not connect contractor-owned IT devices (laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public) network.

Computer certification and accreditation requirements do not apply, and a security accreditation package is not required.

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.

Information Technology Security requirements section

As prescribed in 839.201, insert the following clause:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

1. GENERAL

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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. 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.

b. 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.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S.

to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

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 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 Contracting Officer 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.

f. 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.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release

VA

records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

GENERAL RULES OF BEHAVIOR

a. Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.

b. The following rules apply to all VA contractors. I agree to:

(1) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.

(2) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.

(3) I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE.

(4) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.

(5) Not attempt to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COTR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.

(6) Contractors’ use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.

(7) Grant access to systems and information only to those who have an official need to know.

(8) Protect passwords from access by other individuals.

(9) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the particular system in question.

(10) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA.

(11) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders.

(12) Ensure that the COTR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.

(13) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COTR.

(14) Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COTR.

(15) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.

(16) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COTR.

(17) Understand that restoration of service of any VA system is a concern of all users of the system.

(18) Complete required information security and privacy training, and complete required training for the particular systems to which I require access.

SITE VISITS

During the design period the A/E shall make visits to the project site. The A/E shall visit the site prior to commencing the design to meet with the VAMC Engineering Project team for a kick-off of the Design. The A/E is required to verify as-built drawings through thorough site investigations coordinated through the assigned Contracting Officer Representative (COR).

Additional visits shall be made during the VAMC review of the Design Development (DDs) and Construction Document (CDs) phases. During the Construction Period Services phase the A/E shall make visits to the project site throughout to include Final Commissioning and VA project acceptance to support the active construction project phase.

PRICING

The AE shall design for a total construction budget between $5,000,000 - $10,000,000. The AE shall review FAR 52.236-22 “Design within Funding Limitations” within the Request for Proposal which will contain the Estimated Cost of Construction amount for this project.

The Contractor shall provide a fee for the required services using the format applicable to the Request for Proposal document issued by the Government Contracting Officer, VA Form 10-6298. (After determination of the Most Highly Qualified).

The contractor shall describe how they shall structure a team, the approach to manage and accomplish the work, and list professional experience of team members to include a Project Management Plan.

Designs shall stay within the statutory limitation of 6% of the indicated construction budget, with the inclusion of bid alternate items where necessary, to assure full utilization of the project’s provided budget. Bid item decisions shall be made during review meetings.

ADDENDUM A

1. The Contractor shall follow all COVID-19 sign in procedure daily. Badges shall be issued for project durations over six months.

2. The Contractor shall provide phased services throughout the project.

3. The Contractor shall abide by ICRA and Safety standards throughout the project.

4. The Contractor may be able to work after hours and weekends but shall be coordinated prior due to security restrictions. Regular working hours and delivery hours shall be determined at the preconstruction kick-off meeting.

5. The Contractor Shall provide “As-Builts” upon completion of the project.

6. The A/E shall ensure that the design meets the new EHRM and PRSDM requirement.

7. Most of the A/E work is expected to complete during normal working hours, Monday –

Friday, 7:30am – 4:30pm.

8. IT Security Statement: This project has been determined to be low security risk to the

Department of Veterans Affairs.

APPLICABLE REFERENCES

The references listed below are not intended to be all inclusive. The Contractor shall ensure that all applicable references and/or standards are followed.

# VA Standard Title/Section

1 Master Construction Specifications Index (PG-18-1)

2 VHA PROGRAM GUIDE (PG-18-3 Design and Construction Procedures)

3 National CAD Standard Details (PG-18-4)

4 Equipment Guide (PG-18-5)

5 Equipment Inspection Manual (Program Guide 7610.2)

6 Equipment Reference Manual (PG-18-6)

7 VA Handbook H-18-8, Seismic Design Requirements

8 Space and Facility Planning (PG-18-9) (Handbook 7610)

9 Design Manuals (PG-18-10)

10 Design Guides (PG-18-12)

11 Accessibility (PG-18-13)

12 Room Finishes, Door and Hardware Schedule (PG-18-14)

13 A/E Submission Instructions (PG-18-15)

14 A/E Design Submission Requirements (Submittal Guide PG-18-15)

15 Environmental Compliance Manual (PG-18-17)

16 Fire Protection Design Manual - Fourth Edition

17 VA Cost Estimating

18 Physical Security Design Manuals for VA Facilities - Mission Critical Facilities

19 VA Signage Design Guide

20 Sustainable Design and Energy Reduction Manual (Final Draft)

21 NATURAL DISASTERS NON-STRUCTURAL RESISTIVE DESIGN (formerly CD-54)

22 International Building Code 2012

23 National Electric Code – Latest Edition

24 VHA Directive 1061

25 VA Plumbing Design Manual

26 VA OHI Report No. 13-01189-267