S02_Attachment 01 Final Statement of Work -SOW- with NARA Language.pdf

Project Name: VAMC Omaha – VA Medical Center Inpatient Floor Valve Relocation

Location of Services Omaha VAMC, 4101 Woolworth Ave, Omaha, NE 68105

SCOPE OF WORK

1. Coordinate HW (Hot Water) & CHW (Chilled Water) shutdown with Facilities.

2. Disconnect HW and CHW piping from (2) fan coil unit.

3. Provide and install (2) new HW control valve and (2) new CHW control valve.

4. Provide and install (2) new HW coil kit and (2) new CHW coil kit.

5. Relocate control valves and coil kits to the hallway outside the patient room for better maintenance access.

6. Open the HW & CHW lines and verify system is operational.

7. Provide new insulation to match existing.

8. Control valves and coil kits to match existing.

9. VA to approve items being installed

Period of Performance

30 days after contract award.

Contracting Officer Representative / Technical Representative Contact Information Bradley Marshall, Bradley.marshall2@va.gov, 402-516-4400

John Albers, john.albers@va.gov, 712-828-0075

CONSIDERATIONS

1. Work to be performed during normal business hours 7:00am – 4:30pm

2. Work to be performed during normal business days Monday – Friday

3. Work performed and invoiced in arrears

Kickoff Meeting The general contractor shall schedule a kickoff meeting no later than 5 business days following notice to proceed. At a minimum the local site COR, and the contracting officer shall attend.

The contractor shall provide an agenda in preparation of the meeting. The contractor shall take meeting minutes and shall email these notes to all parties included in the meeting invite. At a minimum the contractor shall provide the general contractor contact information that can be reached 24/7 as well as subcontractors, and any required onsite coordination for inspection, testing or deliveries during the duration of the period of performance, any hazards expected, preconstruction risk assessments where applicable, and infection control risk assessments where applicable.

Certifications It is the expectation that all contractors meet the below qualifications. If contracted employees change from the proposal provided in the solicitation the general contractor shall provide credentials for VA review and approval prior to work.

General contractor shall provide one OSHA “Competent Person” (CP) to be physically present at all job sites. This individual shall be directly employed by the general contractor with authority to speak on behalf of the general contractor. This individual shall be capable of identifying existing and predictable hazards in the surroundings and working conditions which are unsanitary, hazardous or dangerous to employees, and who has the authorization to take prompt corrective measures to eliminate them (see 29 CFR 1926.32(f)). The prime contractor(s) are responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that Mishap prevention responsibilities are being carried out. This individual shall have a current OSHA 30 certification and provide no less than 3 years worth of job related experience similar to that being asked in this contract.

Where work Qualified Persons shall as defined in NFPA 70, Article 100 have demonstrated skills and knowledge related to the construction and operation of electrical equipment and installations and received safety training to identify the hazards and reduce the associated risk.

Training must be classroom, on-the-job or a combination of the two. The type and extent of training must be proportionate to the risk to the employee. The general contractor shall provide qualified persons that are licensed journeyman or master electricians for Nebraska.

Licensure of each qualified person shall be provided as well as training certifications

HVAC technicians shall provide evidence of having met the qualifications of qualified person above. Technicians shall provide EPA 608 technician certification. Technicians shall provide training certifications for the equipment involving servicing or shall provide NATE certification in its place.

General Requirements Shall contractors work involve any of the below the stated requirement shall be met.

All work shall comply with the most recent edition of USACE EM 385-1-1, comply with 29 CFR 1926, comply with 29 CFR 1910 as incorporated by reference within 29 CFR 1926, comply with

ASSP A10.34, and all applicable federal, state, and local laws, ordinances, criteria, rules and regulations. Submit matters of interpretation of standards for resolution before starting work.

Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern except with specific approval and acceptance.

All installation, maintenance, and servicing of equipment or machinery shall comply with 29 CFR

1910.147 except for specifically referenced operations in 29 CFR 1926

All hot work shall be safeguarded in accordance with NFPA 241 and NFPA 51B. Hot work permits shall be issued daily for work in accordance with local policy.

All floor and wall openings shall comply with 29 CFR 1926 Subpart M and EM 385-1-1.

Contractor shall maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241

Contractor shall follow OSHA standard 1926.405(a)(2)(i) when applicable which states temporary wiring shall be removed immediately upon completion of construction or the purpose for which the wiring was installed.

Government Furnished Property or Space The contractor will not be provided government furnished property. Contractor equipment shall be removed or approved on a case by case basis by the contracting officer representative.

The government is not liable for theft or security of such equipment if approved.

The contractor will be responsible for keeping a reasonably clean (free of miscellaneous debris) working environment. Failure to do so on a continuous basis shall result in the contractor being back charged for cleaning services.

Job Hazard Analysis Shall any of the below hazards be expected or present themselves during the work, an activity hazard analysis also known as a job hazard analyses, job safety analyses and activity safety analyses shall be performed meeting all of the requirements from the below. Deviations will be only be approved by the contracting officer.

Job Site Risks associated with the below

1) Emergency response;

2) Contingency for severe weather;

3) Fire Prevention;

4) Medical Support;

5) Posting of emergency telephone numbers;

6) Prevention of alcohol and drug abuse;

7) Site sanitation (housekeeping, drinking water, toilets);

8) Night operations and lighting;

9) Hazard communication program;

10) Welding/Cutting “Hot” work;

11) Electrical Safe Work Practices (Electrical LOTO/NFPA 70E);

12) General Electrical Safety;

13) Hazardous energy control (LOTO);

14) Site-Specific Fall Protection & Prevention;

15) Excavation/trenching;

16) Asbestos abatement;

17) Lead abatement;

18) Crane Critical lift;

19) Respiratory protection;

20) Health hazard control program;

21) Radiation Safety Program;

22) Abrasive blasting;

23) Heat/Cold Stress Monitoring;

24) Crystalline Silica Monitoring (Assessment);

25) Demolition plan (to include engineering survey);

26) Formwork and shoring erection and removal;

27) Pre-Cast Concrete;

28) Public (Mandatory compliance with ANSI/ASSP A10.34-2012);

29) Sub-contractor or cross-trade coordination;

Before beginning each work activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or sub-contractor is to perform the work, the Contractor(s) performing that work activity shall prepare an AHA (Example electronic AHA forms can be found on the US Army Corps of Engineers web site)

AHAs shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk.

Work shall not begin until the AHA for the work activity has been accepted by the Contracting Officer Representatives and discussed with all engaged in the activity, including the Contractor, subcontractor(s), and Government on-site representatives at preparatory and initial control phase meetings.

The names of the Competent/Qualified Person(s) required for a particular activity (for example, excavations, scaffolding, fall protection, other activities as specified by OSHA, EM 385-1-1, or other State and Local agencies) shall be identified and included in the AHA. Certification of their competency/qualification shall be submitted to the contracting officer representative for acceptance prior to the start of that work activity.

The AHA shall be reviewed and modified as necessary to address changing site conditions, operations, or change of competent/qualified person(s).

If more than one Competent/Qualified Person is used on the AHA activity, a list of names shall be submitted as an attachment to the AHA. Those listed must be Competent/Qualified for the type of work involved in the AHA and familiar with current site safety issues.

If a new Competent/Qualified Person (not on the original list) is added, the list shall be updated (an administrative action not requiring an updated AHA). The new person shall acknowledge in writing that he or she has reviewed the AHA and is familiar with current site safety issues.

Submit AHAs to the contracting officer, primary contracting officer representative and alternate contracting officer representative. Included with AHA’s for any electrical work shall include a contractor provided simplified one line diagram indicating all potential power sources and after work ensuring corrections to such diagram occur.

Preconstruction Risk Assessment / Infection Control Risk Assessment Contractor shall control all construction-associated hazards that affect VA medical facilities, their occupants, services and mission-essential functions and capabilities is critical in all medical center facilities.

Contractor shall ensure interior construction activities causing disturbance of existing dust, or creating new dust, must be conducted within ventilation-controlled areas that minimize the flow of airborne particles into patient areas.

Contractor shall ensure compliance VHA 7715 and post a copy of the latest PCRA and ICRA forms at all jobs sites found at

• VHA PCRA: http://vaww.hefp.va.gov/resources/vha-pre-construction-risk-assessment-pcra

• VHA ICRA: http://vaww.hefp.va.gov/resources/vha-infection-control-risk-assessment-icra

VHA-PCRAs and ICRAs will be re-validated and updated as needed based on but not limited to changes from affected individuals, areas/locations, scope, contractor means and methods, safety requirements, phasing, contractor competencies and capabilities.

The COR with concurrence from a VHA infection control specialist, VHA patient safety and VHA occupational health and safety officer will have ultimate decision on activity type and the level of precautions the contract needs to take.

Deliverables The contractor shall provide inspection, and testing documentation no later than 7 business days following the onsite services. At a minimum they shall provide the manufacturer’s https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fvaww.hefp.va.gov%2Fresources%2Fvha-pre-construction-risk-assessment-pcra&data=05%7C01%7C%7C35fabe489a224e29ca4e08db6379f655%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638213147692050152%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=O%2B4gD79A6%2BxSKltZgLa95UUPtMlvZHR9j1fVypepzpM%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fvaww.hefp.va.gov%2Fresources%2Fvha-pre-construction-risk-assessment-pcra&data=05%7C01%7C%7C35fabe489a224e29ca4e08db6379f655%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638213147692050152%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=O%2B4gD79A6%2BxSKltZgLa95UUPtMlvZHR9j1fVypepzpM%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fvaww.hefp.va.gov%2Fresources%2Fvha-infection-control-risk-assessment-icra&data=05%7C01%7C%7C35fabe489a224e29ca4e08db6379f655%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638213147692050152%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=KxMLKZWCHwpofa25RiHcYe1kKwSqEL9doVcRTmxnsNw%3D&reserved=0 recommendations, the servicing performed, the results of such servicing and the technician who performed the work. Delays in contractor reporting will result in deductions of the approved monthly invoice. This is to include contractor’s failure to report clearly and precisely the above requirements. Documents shall be provided in a pdf form with standardized labeling to include the equipment with unique model numbers, location, frequency period, general description of inspection or maintenance performed.

Schedule Due to the continuous operations of the hospital and sensitive populations served, all equipment or utility outages shall be communicated to the contracting officer, primary and alternate COR for VA approval. The contractor shall build time for the VA to receive adequate approvals for such outages into their schedule and be prepared to work outside of normal business hours to accomplish any outages to limit impact to the patients, staff and visitors of the NWIHCS.

Contracting Officer Authority Only contracting officers, acting within the scope of their authority, are able to bind the government by entering into, administering, or terminating contracts, as well as making related determinations and findings. The contracting officer is also responsible for ensuring that all laws, executive orders, regulations, and other applicable procedures have been followed in accordance with FAR 1.602-1. In addition, contracting officers are expected to take the lead in encouraging business process innovations and ensuring that business decisions are sound.

In accordance with FAR 1.602-2 the contracting officer shall designate and authorize, in writing and in accordance with agency procedures, a contracting officer’s representative (COR) on all contracts and orders other than those that are firm-fixed price, and for firm-fixed-price contracts and orders as appropriate, unless the contracting officer retains and executes the COR duties. The list of duties that can be delegated by the contracting officer under a COR delegation memo are included under FAR 42.302.

Site Security In accordance with VA Directive 0735 – Personal Identity Verification of Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card (PIV badge). No work onsite shall ensue without issuance of a VA PIV badge or internal escorting. Contractor is expected to build lead times for PIV issuance into schedules. The general contractor shall be onsite for any subcontractors who do not have a PIV card issued to them for the duration of the subcontractor’s work including escorting subcontractors. The prime contractor shall check in all subcontractors prior to performing work each day in the engineering office space.

Failure to Perform The contractor may receive deductions or even termination based on failure to perform. The following criteria apply for determining appropriate action:

• Notifications. The contracting officer shall notify the service provider of failure to meet standards through QA monitoring forms, cure notices, or show cause notices and shall inform the service provider manager or designated alternate of such notices.

• Deductions. The government has the right to deduct a specified dollar amount for failure to meet performance standards. The amount is identified in the Performance Requirements Summary (Attachment 1).

• Termination. If the contracting officer determines that the contractor has failed to perform to the extent that a termination for default is justified, the contracting officer shall issue a notice of termination.

Attachment 1: Performance Requirements Summary (PRS)

National Archives and Records Administration (NARA) Records Management Language for Contracts RECORDS MANAGEMENT OBLIGATIONS

Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

includes Department of Veteran Affairs records.

does not include personal materials.

Required Services Performance Standards AQL Method of Surveillance Disincentive

Work Management submit reports within time window specified in deliverables section of PWS in a format that meets the minimum requirements

Files review, periodic and random observations, complaints

$1000 for each documented instance, $500 for each week uncorrected

Administrative Services Ensure visitor log entries are complete, and 100 Files review, periodic and $1000 for each documented instance

Facilities Services

Test, certify, inspect and/or service equipment listed in PWS as required per manufacturer's recommendations or regulations stated in the

PWS

Files review, periodic and random observations, complaints

$1000 for each documented instance, $500 for each week uncorrected applies to records created, received, or maintained by Contractors pursuant to their Department of Veteran Affairs contract.

may include deliverables and documentation associated with deliverables.

Requirements 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.

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.

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.

Department of Veteran Affairs 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 Department of Veteran Affairs 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 Department of Veteran Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

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 action. 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 Department of Veteran Affairs 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 action. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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 Department of Veteran Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veteran Affairs policy.

The Contractor shall not create or maintain any records containing any non-public Department of Veteran Affairs information that are not specifically tied to or authorized by the contract.

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.

The Department of Veteran Affairs 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 Department of Veteran Affairs 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.

Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Department of Veteran Affairs-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] Flowdown of requirements to subcontractors

The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract action, and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.