P09 Design SOW - Dementia CLC COR Updates LP 1012.docx

VA Medical Center Lebanon 1700 South Lincoln Drive 8/31/2023 Lebanon PA 17042

ARCHITECT-ENGINEER DESIGN SCOPE OF WORK

CONSTRUCT DEMENTIA COMMUNITY LIVING CENTER

PROJECT NO: 595-605

PROJECT NAME: Construct Dementia Community Living Center

1. GENERAL INTENT:

The Contractor (herein referred to as “A/E”) shall provide Architect/Engineer (A/E) services to design a construction project at the VA Medical Center Lebanon PA in accordance with this design scope of work.

2. STATEMENT OF WORK:

A/E Part One Services (also known as Design Phase) for this design project includes site visits, field investigation, studies, and user interviews to prepare drawings, specifications, and cost estimates for all facets of work and disciplines/trades to facilitate a construction project to Construct Dementia Community Living Center. This project will construct an approximately 19,000 gross square feet building in green space West of Building 17. The building shall be similar to our previous two CLC buildings and shall contain 14 beds for Veteran’s with Dementia. The building shall be homelike/residential with a safe outside area for the Veterans.

The A/E Part one services shall provide a full set of construction documents to construct a new Community Living Center (CLC) dementia unit for Veterans with varying disabilities and illnesses (e.g. chronic illnesses requiring nursing home level of care to hospice care at the end of life) that promotes sheltered freedom for patients, ready access to the outdoors, substantial natural light, space for private time as well as therapeutic socialization that is conducive to family visitation and an effective work flow for staff. The desired outcome is a community style home with personal residential like living spaces, communal space, and supporting infrastructure.

This project involves the design and plans for site preparation and construction of a new Community Living Center Dementia Unit.

· Provide a full set of construction documents for a single-story residential style home nestled within the community living center sub-campus with the intent to service Veterans with varying disabilities and illnesses.

· The home shall support a progressive living style with state-of-the-art amenities and finishes with care design solutions.

· The home shall provide enough support staff areas and space for equipment to support all personal care and assistance needs.

· The home shall include residential living areas for socialization, area for food preparation, storage for supplies, wheelchairs, motorized wheelchairs, and equipment, private family visitation area, and indoor and outdoor dining areas.

· The home shall incorporate a single bay residential style garage equipped for loading Veterans with varying disabilities and illnesses into a vehicle.

· The home shall be part of the CLC sub-campus and detached from the main hospital, but connected with sidewalks, and located in the west lawn between Building 1 and Lincoln Avenue.

· The landscape plan shall provide a sense of natural healing and support a healthcare environment. It shall be aesthetically pleasing, reflect seasonal changes, be safe for patients, and be easily and inexpensively maintained. The landscape design shall follow the framework established in initial phases of the project. Landscaping theme should reflect the regional character and historical and cultural significance of the facility.

· All utilities, security, and information technology (IT) infrastructure shall be provided.

· Provide a secure and psychological safe courtyard to prevent eloping.

· Design and construction work shall be coordinated with other active projects at the Medical Center. A list of current projects will be provided upon approval of the 35% submission.

· Other options as determined by design meetings for efficient delivery of service.

· If shutdowns are required during construction, a full shutdown plan shall be included in the design. Shutdown plans shall include the particular energy source to shut off (e.g. breaker, valve, etc.) and what area, outlets, utilities and/or equipment the shutdown affects. The specific name of the energy source to be shut off shall be identified, for example: “panel H1L1, breaker 2” for electric, etc. Drawings and a written narrative shall be provided.

· A Leadership in Energy and Environmental Design (LEED) Silver Rating is desired with the construction. A rating will not be sought, but practices will reflect LEED Silver requirements. Proof of possible LEED credits shall be provided.

A/E Part Two Services of this design project (also known as Construction Period Services) includes responding to construction contractor Requests For Information (RFIs) during the solicitation (solicitation support) and construction phases of the construction project, attendance at pre-bid, post-award and commissioning kick off construction project conferences, review of construction material submittals and shop drawings, approximately two (2) site visit per month during construction (both scheduled and emergent) to ensure compliance with the design drawings and specifications, preparation of site visit reports, coordination with project commissioning requirements, review of any construction project modifications for cost and technical acceptability, attendance and participation during the final acceptance inspection, preparation of the punch list and preparation of record drawings of the completed construction project based on the construction contractor’s as-built drawings. The A/E shall prepare a submittal log to be utilized by the VA during construction period services, maintain RFI log and provide meeting minutes for weekly construction meetings throughout the duration of construction. All Part Two Services are optional line items and will not be exercised at the time of award.

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 the design of this project. Copies of VA Medical Center Lebanon PA record drawings will be made available to the highest rated A/E firm; the A/E will verify the validity of the record drawings prior to the start of design work and conduct site investigations as necessary throughout the design. SOW Attachment 03 – Lebanon Campus Map will give AE firm a basic understanding of the VA Medical Center Lebanon campus.

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.

The A/E firms’ representatives performing site investigations on VA Medical Center Lebanon campus must have the following additional requirements before starting site investigations on campus:

1. Negative TB Test, within the past calendar year

2. Face mask with no vent. Must be replaced when damaged or soiled

3. Annual influenza shot is required for all staff performing work on VA Medical Center Lebanon campus

4. Contractor badge must be obtained and worn by contractor or representative at all times while on campus If at any time an employee of the A/E firm becomes ill, they should not remain or report to work at VA Medical Center Lebanon.

· Seasonal influenza with Vaccines (SOW Attachment 06)

3. DESIGN WITHIN FUNDING LIMITATIONS:

The design shall be prepared by the A/E so as to permit the award of a construction contract, using Federal Acquisition Regulation procedures for the construction of the facilities, at a cost that does not exceed the project’s estimated construction contract price. The VAAR magnitude of construction for this project is between $10,000,000 and $20,000,000.

4. DESIGN INDEPENDENCE, FURNITURE AND 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. In addition, the A/E must certify that it has produced a design that does not include furniture and equipment that will be procured separately. Equipment that can be part of the design in the 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.

5. DESIGN CRITERIA: The VA Technical Information Library (TIL) available at http://www.cfm.va.gov/til/index.asp is managed by the VA Office of Construction and Facility Management and is the master repository for all VA Numbered Standards for Construction to include design and construction specifications, procedures, standard details, BIM/CAD standards, equipment guides, space planning and design guides. The documents of the TIL shall be the minimum design criteria for all VA projects performed in the construction of new facilities and the modernization, alteration, addition, or improvement of its real property. All design documents shall be developed in accordance with the VA TIL, including (but not limited to) the following listed Department of Veterans Affairs References:

OIT Infrastructure Standard for Telecommunications Spaces v3.0 (21 August 2020)

The following references should also be used to complete the design documents:

· VA Standards Alert 017 – Infrastructure Standards for Telecommunications Spaces and all standards, guides, and manuals incorporated by reference (https://www.cfm.va.gov/til/sAlert/sAlert017.pdf)

· Small House (SH) model Design Guide https://www.cfm.va.gov/til/dGuide/dgSHModel.pdf

· The AE shall insure all National Fire Protection Association (NFPA) Life Safety Code requirements are maintained through a phasing plan.

Where conflicts exist between VA adopted codes and standards and the documents on the TIL, the A/E shall bring this to the attention of the VA. The resolution of the conflict shall be made by the authority having jurisdiction for VA to ensure consistency department wide.

6. DESIGN COLLABORATION: The A/E during this design project shall collaborate with the VHA Office of Healthcare Environment and Facilities Programs Special Engineering Program (HEFP/SEP) staff, VISN 4 and the Independent Life Safety Review Agent (LS Agent) for the project. Design submittal comments from these contractors, if concurred with by VA, shall be incorporated into the design. HEPF/SEP and/or VISN deliverables shall be coordinated with the A/E’s design submittals to ensure compliance with all requirements are met. The A/E is required to ensure all elements of the design adhere to the Life Safety Code, including recommendations for temporary construction barriers, prior to the Independent Life Safety review.

7. INDEPENDENT LIFE SAFETY REVIEW: The A/E shall incorporate any comments from the VA 3rd party life safety review.

8. ENVIRONMENTAL PROTECTION: The A/E shall assist the VA with completion of a National Environmental Policy Act (NEPA) assessment as required by the VA Medical Center Lebanon PA. If the NEPA assessment results in potential environmental impacts, the A/E shall be responsible for completing any auxiliary documentation required per PG-18-17 NEPA Interim Guidance for Projects located on the TIL (http://www.cfm.va.gov/til/etc/NEPAGuidance.pdf). Additional requirements may include, but are not limited to, Environmental Assessment, Environmental Impact Statement, and Record of Decision. The NEPA analysis and concluding documentation must be completed by the Final Bid Documents submittal.

9. PHYSICAL SECURITY: The A/E must include a certified physical security specialist. The specialists must be involved with the design beginning with the concept phase and the qualifications must be submitted to the COR for review and approval prior to the concept/basis of design phase. The specialists shall meet the specific requirements listed in the Physical Security Design Manual for Mission Critical Facilities located on the TIL (http://www.cfm.va.gov/til/PhysicalSecurity/dmPhySecMC.pdf). The A/E shall ensure that all aspects of the applicable VA Physical Security Design Manual (either Life-Safety Protected or Mission Critical Facilities; both will be applicable depending on the area the work is taking place) are incorporated into the design and shall prepare a written report acknowledging compliance as required by the VAMC. The A/E must inform the COR of any physical security items that will be difficult to achieve during the concept/basis of design phase of the design and assist the VA with waiver requests as necessary.

10. TELECOMMUNICATIONS DESIGN: In accordance with “Telecommunications and Special Telecommunications Systems Design Manual,” February 2016 (https://www.cfm.va.gov/til/dManual/dmTelecomm.pdf), paragraph 1.2 (d), Telecommunications design must be performed and stamped by a BICSI Registered Communications Distribution Designer (RCDD) for all projects.

11. SUBMITTAL REQUIREMENTS: Design submittals shall follow the requirements of Program Guide, PG-18-15, Volume C - A/E Submission Instructions for Minor and NRM Construction Program dated November 2008. This document is included as SOW Attachment 4. Submittal documents shall be prominently marked “For Official Use Only (FOUO)” if they contain qualifying data as defined in VHA Memorandum 2019-11-13 Sensitive Infrastructure Data Classification – For Official Use Only (FOUO). This memo is included as SOW Attachment 5, as it is hosted on a non-public VHA site (https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=8949).

The A/E shall deliver design submittal documents that follow the iterative phase breakdown for design work in PG-18-15 and as additionally specified below. Specific requirements for each discipline/work product listed under each phase can be found in PG-18-15; it is expected for the phase of design that each of the checked items in the SD/DD/CD columns will be completed for the submittal. The A/E shall attend a review meeting following each design submittal as indicated under the Project Schedule section of this Scope of Work. Each new submittal will incorporate all VA comments from the previous submittal. The Asbestos Abatement requirements in PG-18-15 are applicable at VA Medical Center Lebanon PA due to the presence of certain asbestos containing products in utility lines.

The following submittals will be required for this project:

· Quality Assurance/Quality Control (QA/QC) Plan

· Basis of Design (BD) - 10% - In addition to the requirements in PG-18-15, a Basis of Design is required. Basis of Design is a narrative presentation of facts, sufficiently complete, to demonstrate that the project concept is fully understood, and that subsequent design details, and their ultimate presentation in the final drawings and specifications, will be based on sound architectural and engineering decisions. Conceptual drawings of the planned design and the initial cost estimate will additionally be included.

· Schematic Design (SD) – 35%

· Design Development (DD) – 65%

· Construction Documents (CD) – 95%

· Construction Documents (CD Checkset) – 100%

· Final Bid Documents (Bid)

12. DRAWING FORMAT:

All drawings shall adhere to VA project software requirements for Computer Aided Design (CAD)] available at http://www.cfm.va.gov/til/projReq.asp.

13. SUBMITTAL FORMATS: Submittals shall be submitted in electronic format and hard copy formats as listed below. Portable Document Format (.pdf), Microsoft Office Suite formats (.doc, .xls, and .ppt), and AutoCAD (.dwg) files are acceptable. Submittals shall additionally be compliant with Section 508 of the Rehabilitation Act (29 U.S.C. '794 d); information on the requirements for accessible media can be found at http://www.section508.gov/. The A/E shall be responsible for providing:

Meeting/Conference Minutes Meeting minutes for all formal meetings and conferences held with the VA; including weekly construction meetings. Meeting minutes shall be submitted within seven (7) calendar days of the meeting or conference. All documents in any of the electronic formats listed above.

Minimum meeting minutes requirements

· Project name, number, meeting host, Meeting Name

· Date, Time, meeting ID, call in number, Duration, and consecutive number of total related meetings

· Participant list (Name, Title, Phone number (office and Mobile), Email, Attended Meeting (yes/no Check box)

· Meeting purpose, Roll call, and Additional Items

· Agenda items (Decisions, action items, and fixes or next steps)

· Next meeting date and time

· Detailed attachment list

Construction Cost Estimates Construction cost estimates shall comply with Manual for Preparation of Cost Estimates & Related Documents for VA Facilities dated March 8, 2011. This document is available on the TIL at http://www.cfm.va.gov/cost/index.asp. All estimates in any of the electronic formats listed above.

Quality Assurance/Quality Control (QA/QC) Plan

· All documents in electronic format.

Basis of Design (BD)

· All documents in any of the electronic formats listed above.

· Two (2) half-size paper bond sets of drawings – 2 to VA

· One (1) full-size paper bond set of drawings – 1 to VA

Schematic Design (SD)

· All documents in electronic format.

· Two (2) half-size paper bond sets of drawings – 2 to VA

· Two (2) paper bond sets of specifications – 2 to VA

· Two (2) paper bond sets of investigation reports, design calculations, space planning data and cost estimate - 2 to VA

Design Development (DD), and Construction Documents (CD)

· All documents in electronic format.

· Memo annotating what was not upgraded and corresponding justifications.

· One (1) full size paper bond sets of drawings - 1 to VA

· Two (2) half-size paper bond sets of drawings – 2 to VA

· Two (2) paper bond sets of specifications – 2 to VA

· Two (2) paper bond sets of investigation reports, design calculations, space planning data, construction schedule, construction statement of work (SOW) and cost estimate - 2 to VA

Final Bid Documents (Bid)

· PDF files of drawings, specifications, and any miscellaneous design analysis documents such as submittal log and physical security compliance report.

· Certified memo annotating what areas/times were not upgraded and the corresponding justifications.

· Certified memo that the A/E design is independent of future projects and includes all equipment required for the project to be activated/full functional.

· Word files of specifications.

· AutoCAD files of drawings.

· One (1) full size paper bond sets of drawings - 1 to VA

· Two (2) half-size paper bond sets of drawings – 2 to VA

· Two (2) paper bond sets of specifications – 2 to VA

· One (1) paper bond sets of investigation reports, design calculations, space planning data, construction schedule, construction SOW and cost estimate - 1 to VA

14. OPTION ITEM REQUIREMENTS

Solicitation Support Services Pre-bid site visit to include meeting and project walk around. This is the meeting where contractors are invited to the job site to visually inspect the construction site to accurately develop a construction bid package.

Answer any technical questions/requests for information (RFIs) received from contractors over the duration of the solicitation, including questions asked during the site visit. Questions from contractors may come at multiple times and cover several questions over the course of the solicitation period. Technical question responses will be provided to the Contracting Officer who will distribute the information via amendment to the solicitation.

Answers to RFIs will be required from the A-E within five calendar days of the date the questions are sent to the A-E from either the project COR or CO. An alternate response period may be submitted for review, however, unless approved by the CO and COR, the A-E is required to comply with the five-calendar-day requirement.

Throughout the solicitation period, the A-E shall provide addenda as necessary if required to revise specs and drawings.

In response to any technical questions and/or addenda issued during the solicitation period, the A-E shall provide any final revisions to the 100% FC CD as part of the construction contract. These documents shall be labeled Final Construction.

Construction Period Services (CPS) Requests for Information (RFI) When necessary for contract in-scope changes to construction project requirements, prepare construction cost, completion schedule estimates and Construction Bulletins (CBs). AE RFI review time shall not exceed 7 calendar days. When CB is not for a design deficiency, VA will issue an RFP to the AE for re-design during CPS. Otherwise, CB shall be at no added cost to government. CBs include narrative cover page, stamped drawings or sketches, and edited/added specifications as well as a construction cost estimate. A full CB, if required, is due to VA within same 7 calendar day RFI response timeline. A CB is not required for simple clarifications, selections among options in contract specifications, nor for as-built markups within tolerance qualifying as “field adjustment” by Construction Contractor. CBs are required when any change occurs to scope, schedule, cost, or quality standards. CB drawings shall consist only of full-size drawing sheet edits, with numbered clouds and title bar notation in format to be given by VA. If additional details are needed, they shall be inserted into existing detail sheets. If they do not fit, a new detail sheet will be created, and cover sheet with TOC shall be updated accordingly. AE shall maintain an electronic version of Contract Set of drawings and specifications that reflects CBs through current version. From that date forward, Construction Contractor will use updated set as their as-built set for “field adjustment” markups.

Submittal Reviews Submittal reviews shall be submitted within seven (7) calendar days of submittal to the A/E. This service includes reviewing and providing comments and recommendations to government on items such as construction contractor’s quality control plan, initial and final network schedules, bar chart schedules, schedules of prices, safety plan, shop drawings (including MEP coordination drawing, shop drawings, diagrams, layouts, catalog cuts, performance and test data, samples finish chips, etc.), operation and maintenance manuals, and as-built drawings. For items that are shown as "CONDITIONAL, RE-SUBMITTAL REQUIRED", or "REJECTED" AE shall include an explanation that clearly describes reason(s) for recommended action.

Attendance at Meetings Attendance at various meetings such as pre-construction (kick-off) conference, routine quality control meetings, safety meetings, change order negotiations, claims meetings, scheduling meetings, and other conferences between government and construction contractor may be required by government. These meetings primarily pertain to weekly construction meetings but may include other various meetings, change order negotiations, claims meetings, scheduling meetings, and other conferences between government and construction contractor as may be called by government. AE should plan on a senior architect/engineer familiar with entire design, to attend each construction meeting phone call and furnish meeting minutes during the construction period.

Site Visit Reports Site visit reports shall be submitted within seven calendar days of the visit. All documents in any of the electronic formats listed above.

Modification/Change Order Requests Modification requests shall be submitted within seven calendar days of submittal to the A-E. This includes the review of the contractor’s change order/modification proposal for construction change orders, as well as the formulation of an IGCE for the modification, as requested. The A-E's reply regarding their review of cost proposals and their 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 Requests for Proposals for anticipated changes. All documents in any of the electronic formats listed above. Note: If major modification, VA will provide additional time and document format guidance.

Punch List Punch list shall be submitted within seven (7) calendar days of the final acceptance inspection. The punch list shall include pictures and estimated costs. All documents in any of the electronic formats listed above.

Record Drawings Record drawings shall be delivered to the VA within thirty (30) calendar days after VA acceptance of the construction project. AE shall prepare Record Drawing set at construction completion. Add any new drawings and review Construction Contractor’s annotated drawings. Verify accuracy of contractor interim record drawings and as-built conditions as construction contractor document changes occur. Receive and review contractor “red-line” in preparation for production of final as-builts. Deliver electronic (AutoCAD) and hard copy record drawings to VAMC COR within 30 days of receipt of full as-built package from General Contractor. AutoCAD files shall not include external references.

Third-Party Commissioning The A-E shall provide Commissioning and Commissioning Agent services and deliverables in accordance with the reference document, OCFM Whole Building Commissioning Process Manual located on the TIL (https://www.cfm.va.gov/til/Cx-RCx/CxManual.PDF). See “Commissioning Agent Tasks” in each section of the reference document. The Commissioning Agent shall be involved in all phases of the project, including both design and construction. It is anticipated that the Commissioning Agent will participate in the following: design reviews, owner’s requirements updates, design phase commissioning planning (facilitate), commissioning specification reviews (facilitate), construction project meetings, construction observation visits, equipment startup and testing, Testing Adjusting and Balancing (TAB) verification, and project commissioning (facilitate in coordination with General Contractor). The commissioning process shall be adapted to the size and complexity of the project. Deliverables shall be as described in the reference document. Additionally, the A-E shall develop the commissioning plan, pre-functional checklists, systems functional performance test checklists, integrated system test checklists, and edited master specification templates to serve as a starting point for the commissioning process on all projects based on the following Systems to be Commissioned.

· HVAC (VA Master Specification Section 23 08 00): Direct Digital Control System, Chilled Water System, Condenser Water System, Steam/Heating Hot Water System, HVAC Air Handling System, HVAC Ventilation/Exhaust Systems, HVAC Terminal Unit Systems, Decentralized Unitary HVAC Systems, Humidity Control Systems, Hydronic Distribution Systems

· Electrical (VA Master Specification Section 26 08 00): Grounding and Bonding Systems, Electric Power Monitoring Systems, Low-Voltage Distribution System, Emergency Power Generation Systems

· Communications (VA Master Specification Section 27 08 00): Grounding and Bonding Systems, Structured Cabling System

· Electronic Safety and Security (VA Master Specification Section 28 08 00): Grounding and Bonding, Physical Access Control Systems, Access Control Systems, Security Access Detection Systems, Video Surveillance System

Cost Proposals 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.

15. PROJECT SCHEDULE/PERIOD OF PERFORMANCE: The A/E shall perform Part One Services/Design Phase work according to the schedule shown below. If a due date on the timeline below falls on a Holiday or Weekend, the submittal shall be due the following business day. The remaining timeline will not be shifted to accommodate Holidays or Weekends.

The 294 days listed in part one project schedule may fluctuate based on when submittals meet all VA guidelines and acceptance is issued. If submittals are not accepted due to insufficient design requirements throughout the design period and additional time is deemed necessary. It is the responsibility of the AE firm to cover all costs associated with such delays.

Part Two Services/Construction Period Services (optional Line Items) shall be performed for the length of time between the time the option(s) are exercised and acceptance of Construction Completion. The VA has 365 calendar days from final acceptance of the design to exercise the option(s) for Construction Period Services.

16. CONTRACT OVERSIGHT: All contracts for this project shall be awarded by the Program Contracting Activity Central (PCAC); only a warranted VA Contracting Officer shall have authority to change the terms and conditions of a contract. These changes may involve the contract award amount, contract period of performance, issuance of stop work orders and changes to the statement of work.

PCAC shall designate a Contracting Officer’s Representative (COR) to monitor and manage the A/E’s performance under the design project contract. The COR shall be a representative of the VA Medical Center Lebanon Engineering Service Project Section and have the technical knowledge required to monitor and oversee the project.

A COR from the VA Medical Center Lebanon Engineering Service Project Section shall also be designated for the construction project contract to monitor and manage the construction contractor’s performance under the construction project contract. This designation under the construction contract shall be considered equivalent to the industry standard of “Owner’s Representative” and does not supersede or eliminate the A/E’s responsibility for Part Two Services/Construction Period Services. The A/E ultimately shall be responsible for any errors and omissions with the design discovered during and after the construction phase.

17. REPORTING REQUIREMENTS:

All employees of A/E firm and subcontractors shall comply with VA security management program and obtain VA badges. This will likely require fingerprinting and background checks of each individual. The employees of the A/E will obtain permission of the VA Human Resources, be identified by project and employer, and restricted from unauthorized access.

The Contractor shall be required to report to the VA Engineering Service (Building 19, Room 106) to log in and obtain Contractor ID badge during normal working hours. Report to VA Police Service (Building 19, Room 301) after normal working hours. This check-in is mandatory. Issued badges must be returned at the end of the workday.

18. SECURITY REQUIREMENTS:

The A/E is responsible for assuring that all employees and consultant employees working on the project comply with these regulations.

1. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to VA Police with acceptable photo ID to obtain a badge. VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.

2. No photography or video recording of VA premises is allowed without prior authorization.

3. VA issued keys are to remain on VA property. Keys that are checked out from the Engineering Office shall be returned each day.

4. Before starting any work, the A-E shall submit an electronic security memorandum describing the approach to following goals and maintaining confidentiality of “sensitive information”.

5. The A/E is responsible for safekeeping of all drawings, project manual and other project information. This information shall be shared only with those with a specific need to accomplish the project.

6. All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the VA.

7. VA Information Custodial Language

a. The Authorization requirements do not apply, and that a Security Accreditation Package is not required.

b. The following standard items relate to records generated in executing this contract:

i. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

ii. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

iii. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

iv. 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 by the Freedom of Information Act.

v. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

vi. The Government Agency owns the rights to all data/records produced as part of this contract.

vii. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

viii. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

ix. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

x. 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 this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

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.

8. INFORMATION SECURITY:

a. The C&A requirements do not apply, and that a Security Accreditation Package is not required

19. SOW and ATTACHMENTS:

The following list of documents are attached to this SOW for A/E use and incorporation into the project documents:

End of SOW

SOW Attachment 1 – Architectural and Engineering CPM Schedules SOW Attachment 2 – Post Award Specs - Drawings Review Checklist SOW Attachment 3 – Lebanon Campus Map SOW Attachment 4 – VA PG 18-15 Vol. C SOW Attachment 5 – Sensitive Infrastructure Data Memo SOW Attachment 6 – Seasonal Influenza with Vaccines SOW Attachment 7 – RM Language for Contracts