S02 ATTACHMENT 1 - Statement of Work SOW.pdf

DESIGN-BUILD

EXPAND STERILE PROCESSING SERVICE (SPS) MAINTENANCE AREA

PROJECT 675-23-802

ORLANDO VA MEDICAL CENTER

5201 RAYMOND STREET, ORLANDO, FL 32803

I. DEFINITIONS AND ACRONYMS:

A. Design-Build (DB): as defined by the Department of Veterans Affairs (DVA) is the procurement by the Government, under one contract, with one firm (which may be a joint venture) for both design and construction services on a specific project.

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

C. Project Manager (PM)/Contracting Officers Representative (COR): The Contracting Officer's representative responsible for administering contracts under the immediate direction of the Contracting Officer.

D. Design Build Contract: This term, as used herein, refers to the Contract(s) to perform the design and construction of the project.

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

F. A/E: This term, as used herein, refers to the Architect-Engineer firm(s) that are a part of the DB team, also referred to as DB A/E.

G. Design-Build Team A/E: This term, as used herein, to refer to the entire Design-Build Team

(Contractor, A/E, and any sub-contractors) all inclusive.

H. Pre-Construction Risk Assessment (PCRA): Used to identify potential risks associated with the renovation, construction, and some maintenance & repair activities and to develop risk mitigation strategies to minimize these risks. Prior to beginning work this assessment will be completed.

I. Interim Life Safety Measures (ILSM): Measures that are instituted to compensate for significant hazards posed by existing life safety (fire) code deficiencies or construction/renovation activities.

J. Request for Proposal (RFP): Is a solicitation made, often through a bidding process, by an agency or company interested in procurement of a commodity or service, to potential suppliers to submit proposals.

K. Certified Independent Third-Party (CITP) Safety Professional: Certified Independent Third-Party Safety Professional for the review of the design documents for compliance with national and local codes, standards, federal and state regulations.

L. National Fire Protection Association (NFPA): The world's leading advocate of fire prevention and an authoritative source on public safety, NFPA develops, publishes, and disseminates codes and standards intended to minimize the possibility and effects of fire and other risks.

M. The Joint Commission (TJC): Formerly the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and previous to that the Joint Commission on Accreditation of Hospitals (JCAH). The Joint Commission provides evaluation, accreditation, and disease-specific certification programs for healthcare facilities.

N. Competent Person (CP): One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

O. Sterile Processing Service (SPS): Department that sterilizes and processes medical equipment/tools.

II. SCOPE OF WORK:

A. General Requirements:

The Orlando Veterans Affairs Healthcare System (OVAHCS) is seeking professional design-build services to design and construct for the project entitled: “Expand Sterile Processing Service (SPS) Maintenance Area”, Project 675-23-802 located at the Lake Baldwin Outpatient Clinic (OPC), 5201 Raymond St., Orlando, FL 32803. Contractor shall provide all design-build services including labor, materials, tools, equipment, supervision, and all resources necessary to design and construct the project described herein and other specific tasks as further defined by the Statemen of Work (SOW).

The contractor shall hire a Certified Independent Third-Party (CITP) Safety Professional for the review of the design documents for compliance with national and local codes, standards, federal and state regulations. The CITP review shall be documented by stamped/sealed drawings by a registered professional engineer from the state of Florida.

B. Project Overview:

This project will renovate the SPS department at the Orlando VAMC, Lake Baldwin Campus. Focus will be improving the maintenance area behind two (2) Steam Sterilizers. Currently there is minimal maintenance space behind the sterilizers making it difficult to service the units.

C. Specific Project Requirements:

1. Expand maintenance area behind two (2) steam sterilizers. Intent is to create maximum area behind and from side to side.

a) Modify/rework stainless steels as applicable to accommodate new layout.

b) Relocate all plumbing/electrical to create an unobstructed service area.

c) Modify Heating, Ventilation, and Air Conditioning (HVAC) to create an encapsulated service area. The current service area is open ceiling.

2. Replace two (2) sinks with two (2) new height adjustable sinks and three (3) basin sinks. See below for specifications and features and features; provide brand name or equivalent for Government’s review.

a) Sinks to be PureSteel Healthcare Processing Sinks (PS-12730-HA-03-301810B)

b) PureSteel™ Healthcare Reprocessing Sink Pegboards (PS-PB-12724-S)

c) 45-degree ergonomic wrist rest slants (SNK-ERG-SLANT)

d) Volume indicator etching plates (PS-XI-VL-ETCH)

e) The PureSteel™ Basin Temperature Gauge (PS-THERMO-GAUGE)

f) The PureSteel™ Height-Adjustable Storage Shelf (PS-HASHLF)

g) The PureSteel Light Hood (T-PB-HOOD-02)

h) Wall mounted pre-rinse faucet sprayer (T-SNK-SPRAY)

i) Deionized faucet (BL-9505-02)

j) The PureSteel™ LED Magnifier Task Light (PS-LED-MG-LGHT)

k) The PureSteel™ LED Magnifier Task Light Lens (PS-LED-MG-LENS)

l) The PureSoak™ Waterproof Timer (PSWPT)

m) Double bracket holder for the FlexiPump™ Independent Flushing System (FP-DBBR)

n) The Ergotron® Wall Mount Arm (PC-VS-ARM)

o) Three (3) Bay drain kit assembly with telescoping drains (PS-TSDK-03)

III. SCHEDULING, PHASING, AND WORKING HOURS:

A. Design Phase:

All design related work (e.g., site visit, meeting, etc.) at the VA facility MUST be coordinated with the project’s COR. All work shall be performed during normal business hours (7:00 am to 5:00 pm, Monday through Friday). All requests for work after normal business hours, WHEN hours (Weekends, Holidays, Evenings and Nights) must be requested by the A/E contractor at least fourteen (14) calendar days in advance.

B. All work hours MUST be coordinated with the project’s COR. All work shall be performed during WHEN hours (Weekends, Holidays, Evenings and Nights) so as not to interfere with normal Hospital functions. However, some VA areas may be conducive to work being completed DURING normal business hours (7:00 am to 5:00 pm, Monday through Friday). All requests for work during normal business hours shall be requested by the Contractor at least fourteen (14) calendar days in advance.

Additionally, construction shall be performed (scheduled and phased) to ensure that exterior egress/ingress areas are completely operational by normal business hours the following workday.

C. Length of Project

1. Project will have a 194-calendar day design phase from Government issuance of Notice to Proceed (NTP). Refer to Program Guide PG-18-15, Volume C for document requirements. Design submission submissions may be reduced upon request from the contractor and approval by the COR.

a) From Notice to Proceed, Design-Build Team A/E shall submit Schematic Design drawings to 25% within 45 calendar days. Allow 21 calendar days for VA review.

b) Design-Build Team A/E shall submit Design Development drawings to 50%, which incorporates the VA’s comments on the 25% submission within 30 calendar days of receiving VA comments. Allow 21 calendar days for VA review.

c) Design-Build Team A/E shall submit Construction Document drawings to 75%, which incorporates the VA’s comments on the 50% submission within 21 calendar days of receiving VA comments. Allow 21 calendar days for VA review.

d) Design-Build Team A/E shall submit Final Document drawings to 100% (Signed & Sealed), which incorporates the VA’s comments on the 75% submission within 21 calendar days of receiving VA comments. Allow 14 calendar days for VA review.

e) Design-Build Team A/E will schedule a Pre-Construction Meeting with all pertinent VA personnel for final drawing approval before construction start submission within 14 calendar days of receiving Government acceptance of 100% drawings.

2. Project’s construction phase MUST be completed in no more than 45-calendar days from Design completion and Government acceptance.

3. Contractor shall submit a Critical Path Method (CPM) schedule for BOTH Design phase and Construction phase with estimated dates and itemized cost of work to the Contracting Officer for review and approval before Notice to proceed.

D. Utility Outages, including disruption of fire alarms, must be requested by the Contractor at least 14 calendar days in advance.

IV. PROJECT CLASSIFICATION:

A. This project has been classified per the Construction Infection Control Risk Assessment as a Type C, Medium Risk Group, Class III (ISLM Level I) Project.

V. SAFETY REQUIREMENTS:

A. All Contractor's personnel are required to have completed an OSHA-approved 10-hour construction worker course prior to working on the site. The On-site general superintendent/supervisor is required to have completed an OSHA-approved 30-hour construction course prior to working on the site. Contractor shall provide the Contracting Officer a copy of every worker’s current certificate identifying successful completion of the training prior to executing work for the Veterans Administration. In addition, Contractor shall provide submittals for contract construction or renovation work which include the names, qualifications, and training dates for Contractor’s Competent Persons (CP), who has been designated to administer the site-specific safety program, as well as the CP for other activities as required by OSHA regulation 29 CFR 1926.32 (such as scaffolds, cranes, excavations, etc.). Contractor’s CP are required to implement and maintain effective safety programs that identify and control hazards that may cause injury or illness to VA patients, staff, visitors, and contractor employees. The VA CP does not take the place of Contractor’s CP nor acts on their behalf. The VA CP determines if Contractor is meeting VA standards and contractual requirements for safety and OSHA compliance. When these standards and contract requirements are not being met, the VA COR and/or CP will take immediate action to prevent injury, non-compliance, and/or property damage. The Contractor shall submit an Activity Hazard Analysis, and an Accident Prevention Plan as per FAR 52.236-13 prior to commencement of site activities. The Government will have twenty-one (21) calendar days to review the AHA and APP.

B. The Contractor shall submit documentation validating completion of the OSHA construction safety course for all personnel.

VI. GOVERNMENT FURNISHED INFORMATION:

A. All available record drawings will be provided upon request to the Design-Build Team A/E. They should not however, be considered “as-built”. These drawing files are provided without warranty or obligation as to the accuracy or information contained in the files. All information in the files shall be independently verified by the user. Any user shall agree to indemnify and hold the VA harmless from any and all claims, damages, losses, and expenses, including, but not limited to, attorney fees arising out of the use of the Computer Aided Design and Drafting (CADD) drawing files.

VII. RESOURCES:

A. All designs shall comply with applicable sections of VA standards and publications, and all references therein. Ensure that construction documents comply with the latest edition of these VA construction and design standards. VA standards can be found on the World Wide Web at http://www.cfm.va.gov/TIL/.

VA publications and standards shall include but shall not be limited to the following:

1. Office of Construction & Facilities Management Site Map: http://www.cfm.va.gov/sitemap.asp

2. The Technical Information Library (TIL): http://www.cfm.va.gov/TIL/

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

b) Design and Construction Procedures (PG-18-3)

c) VA Standard Details and CAD Standards (PG-18-4)

d) Equipment Guide List (PG-18-5)

e) Equipment Inspection Manual (Program Guide 7610.2)

f) Equipment Reference Manual (PG-18-6)

g) Space Planning Criteria (PG-18-9)

h) Design Manuals (by discipline) (PG-18-10)

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

j) Barrier Free Design Guide (PG-18-13)

k) Room Finishes, Door, and Hardware Schedules (PG-18-14)

l) Minimum Requirements for A/E Submissions (PG-18-15)

m) Environmental Planning Guidance (PG-18-17)

n) HVAC Design Manual for Hospitals Amendment B

o) Lighting Study

p) Design Alerts

q) Quality Alerts

r) VA Signage Design Guide http://www.cfm.va.gov/TIL/ http://www.cfm.va.gov/sitemap.asp http://www.cfm.va.gov/TIL/

s) Fire Protection Design Manual – Latest Edition

t) Cost Estimating

u) Physical Security Design Manuals for VA Facilities – Mission Critical Facilities (VA Handbook

0730)

v) Information Security Handbook VA 6500

w) Energy Reduction Manual (First Draft)

3. TIL - Master Construction Specifications: http://www.cfm.va.gov/til/spec.asp

4. Department of Veterans Affair Utilities Design Manual.

B. Office of Construction & Facilities Management: http://www.cfm.va.gov/index.asp

1. VA Office of Facilities Management citations of the AIA design standards found on the world wide web at http://cfm.va.gov.TIL/

2. VA Office of Health and Safety (OHS): http://www1.va.gov/vasafety/

3. Construction Infection Control Risk Assessment Memorandum

C. Other design and construction standards and publications that shall be applied to this work includes, but are not limited to:

1. American Society of Heating, Refrigerating and Air-Conditioning Engineers Manual (ASHRAE)

2. National Fire Protection Association (NFPA) Codes & Standards - www.nfpa.org

3. OSHA Rules and Regulations

4. International Building Code (ICC) latest edition

5. Life Safety Code (NFPA 101) latest edition

6. The Joint Commission (TJC) Accreditation manual (latest edition)

7. Sustainable Design Requirements (01 81 11)

8. Construction Waste Management (01 74 19)

D. Applicable sections of the VA Master Construction Specifications will be prepared by the Architect/Engineer, including all the necessary adaptations.

E. Particular attention is called to CD4, Symbol Identification of Contract Drawings.

F. Equipment symbols shall be in accordance with PG-18-6, Equipment Reference Manual (previously List of Equipment Symbols, H-08-6).

G. Standard Drawing Details, in accordance with PG-18-4, shall be utilized to the greatest extent practicable.

H. Cost estimates shall be developed in strict conformance with VA’s Manual for Preparation of Cost

Estimates & Related Documents for VA Facilities (March 8, 2011).

http://www.cfm.va.gov/til/dManual/dmCost.pdf

I. Guidelines for Design and Construction of Health Care Facilities, Latest Edition, published by The Facilities Guidelines Institute (FGI). http://www.fgiguidelines.org/

J. Physical Security Standard, compliance with Medical Center Policy 138-3 and VHA Handbook 0730/2 dated May 27, 2010 “Space Key Control”.

K. Plumbing System Design & Water Treatment/Design to prevent Legionnaires. VA Plumbing Design Manual and VHA Directive 2008-010, PREVENTION OF LEGIONEELA DISEASE, and VHA Directive 2009-009, DOMESTIC HOT WATER TEMPERATURE LIMITS FOR LEGIONELLA

PREVENTION AND SCALD CONTROL.

VIII. DESIGN AND DOCUMENT REQUIREMENTS:

A. Design Requirements: Compliance with codes and standards.

1. Project design shall be in compliance with applicable standards and codes described in VA Program

Guides and design materials included or referenced in the solicitation materials. See “Resources” above.

2. See “Approved Construction documents”, below, for required inclusion of design review comments.

3. In the design of new building and alteration work under this contract, the Design-Build Team A/E shall consider all requirements (other than procedural requirements) of:

a) Zoning laws:

http://www.cfm.va.gov/til/spec.asp http://www.cfm.va.gov/index.asp http://cfm.va.gov.til/ http://www1.va.gov/vasafety/ http://www.nfpa.org/ http://www.cfm.va.gov/til/dManual/dmCost.pdf http://www.fgiguidelines.org/

b) Environmental and erosion control regulations; and

c) Laws relating to landscaping, open space, minimum distance of a building from the property line, maximum height of a building, historic preservation, and esthetic qualities of a building.

Also, similar laws, of the State and local political division, which would apply to the building if it, were not to be constructed or altered by the U.S. Government.

4. The Design-Build Team A/E shall consult with appropriate officials of the Federal, state, and political subdivision, and submit plans under the rules prescribed by those reviewing authorities. The Design-Build Team A/E and VA shall give due consideration to the recommendations of the referenced building officials. VA will also permit inspection by the officials described above during the construction period in accordance with the customary schedule of inspections in the locality of the building construction. Such officials shall provide VA with a copy of the schedule before construction begins or give reasonable notice of their intention to inspect before conducting an inspection.

5. The Design-Build Team A/E shall provide prompt, written notification to the Contracting Officer concerning conflicts with, or recommended deviations from codes, laws, regulations, standards, and opinions of review officials as described above. No work altering or increasing the scope of this contract shall be undertaken prior to receipt of written approval from the Contracting Officer.

6. No action may be brought against the VA and no fine or penalty may be imposed for failure to carry out any of the previously described recommendations of Federal, state, or local officials. VA and its contractors, including A/E, shall not be required to pay any amount for any action taken by a state or political division of a state in carrying out functions described in this article, including reviewing plans, carrying out on-site inspections, issuing permits, and making recommendations.

7. The Design-Build Team A/E shall advise the Contracting Officer of any variances with the applicable Department of Labor, Occupational Safety and Health Standards, for occupancy requirements.

B. Design Review Meetings:

1. A review meeting to resolve design issues will be held for each design review package submitted.

The meeting will include discussion of VA comments on functional relationships and technical peer review comments (by others).

2. Participants will include VA Staff and Design-Build Team A/E members as appropriate for the specific package to be reviewed and others. The Design-Build Team A/E members will each allow for one (1) full day for each package design review meeting. Design-Build Team A/E management shall be present at each review meeting.

3. The DB team shall allow a minimum of twenty-one (21) calendar days for each review cycle. A cycle includes:

a) The VA’s receipt of the design review submission package.

b) The review meeting.

c) DB teams’ receipt of comments from the VA, either electronically, by fax, or by hard copy delivery.

4. Coordination of the review meeting schedules will be the responsibility of the VA Project

Manager/COR (for the VA) and the Design-Build Team A/E Project Manager (for the Design-Build Team A/E). See Quality Assurance/Quality Control.

C. Design Review Submissions:

1. The Design-Build Team A/E shall prepare and submit complete construction documents for review and approval by the VA in accordance with standard professional practice and prevailing codes.

2. The documents may be divided into multiple review submission packages. The VA will review as many as six (6) package submissions (examples: demolition, civil, architectural, structural, mechanical, Electrical, plumbing etc.) to facilitate the start of construction.

3. All submission packages will be reviewed at Schematic Design (25%), Design Development (50%), Construction Documents (75%) and Final Documents (100%) completion stages. The (100%) review submission packages will incorporate the final review comments from the (75%) review. If any package is not complete for the required stage a post review may be required, the cost of which will be borne by the DB Team. The (100%) set of drawings will be the final set of drawings that will be used for construction and stamped by engineer and architect of record.

4. Each review submission package shall include three (3) hard copy sets (two (2) Full Size & one (1) Half Size) and one (1) PDF sets on CD-ROM. The package will include an index of drawings (by sheet number and title) and specifications (by section number and title) submitted. The packages will be distributed to the VA Project’s COR, the VA Contracting Officer (CO). and others as determined to be appropriate by the VA.

5. Upon Contractor review of the TIL Specifications and Design Guidelines associated with the Project Scope of Work, the Design-Build Team A/E shall be responsible to prepare and submit for Government review and acceptance a full set of specifications (two (2) hard copies, two (2) electronic), specific to the project, from the Master Specifications located in the TIL. The Specifications shall be contractor modified to include VA Guidelines and Code requirements consistent with NFPA, IBC, FBC, FGI Guidelines for Design and Construction of Health Care Facilities, 2010 edition.

6. In addition to the Project Specific Specifications, the Contractor shall submit a binder of product cut sheets, MSDSs, and all required Contract submittals.

7. Contractor shall be responsible to submit as-build CAD drawings at the end of the project reflecting the new floor layout changes to the VA Engineering office as part of the close out documents.

D. Electronic Media:

1. Design review submission drawings and final Construction Document submission drawings will be executed in electronic format AutoCAD version 2020 or backwards compatible format.

2. The drawings included will be available to the Design-Build Team A/E team in electronic format in

AutoCAD version 2020 or PDF format for use in preparing the construction drawings if possible.

Since data stored on electronic media can deteriorate undetected or be modified without the Architect/Engineer’s knowledge, the CAD drawing files are provided without warranty or obligation on the part of the Architect/Engineer as to accuracy or information contained in the files. The user shall independently verify all information in the files. Any user shall agree to indemnify and hold the Architect Engineer harmless from any and all claims, damages, losses, and expenses including, but not limited to, attorney’s fee arising out of the use of the CAD drawing files.

3. Design review submission specifications, final Construction Document submission specifications and other 8 1/2 by 11 formatted material will be executed in electronic format Microsoft Word

4. The specifications included shall be available to the Design-Build Team A/E in electronic format in Microsoft Word, for use in preparing the construction specifications. Since data stored on electronic media can deteriorate undetected or be modified without the Architect/Engineer’s knowledge, the CAD version 2020 drawing files are provided without warranty or obligation on the part of the Architect/Engineer as to accuracy or information contained in the files. The design builder shall independently verify all information in the files and shall agree to indemnify and hold the Architect Engineer harmless from any and all claims, damages, losses, and expenses including, but not limited to, attorney’s fee arising out of the use of the electronic files.

5. The construction record drawings shall be completed in at least AutoCAD version 2020 and backward compatible format. Designer/contractor shall submit an AUTOCAD copy (as build drawings) after the completion of the project and before closeout to the VA for engineering records and update tracking purposes.

6. Construction shop drawings are not required to be completed in AutoCAD.

E. Professional Licensing:

1. The Design-Build Team A/E who prepares the construction documents shall be a professional architect or engineer licensed in the State of Florida.

2. The professional seal indicating such license by the state shall appear on the final construction documents. The architect whose seal is shown will be known as the Architect of Record. The Design- Build Team A/E shall certify compliance with the VA RFP and all applicable codes.

F. Approved Construction Documents:

1. The final construction document submission package will be submitted by the Design-Build Team A/E for approval by the VA after completion of the 75% review cycle for the final package to be submitted by the Design-Build Team A/E. The VA will have fourteen (14) calendar days to take approval action.

2. The final construction documents submission package will include a full set of construction documents including all disciplines/packages.

3. The final construction documents submission package will incorporate all VA supplied comments from the earlier 25%, 50% and 75% submission package reviews and will comply with the VA requirements.

4. If the final construction documents submission package is not complete a post submittal may be required, the cost of which will be borne by the Design-Build Team A/E.

5. The approved final construction documents include such details that the project can be constructed and will be used for construction of the project.

G. Construction Drawing Preparation: Mandatory material and equipment schedules and details may be indicated either on the drawings or in the specifications, at the option of the Design-Build Team A/E.

The construction drawings shall include a coordinated set of the following. (Reference Program Guide, PG-18-15, Volume C)

1. Structural drawings: including foundation plans, framing plans, schedules, and details, including general notes and all calculations.

2. Architectural drawings: including floor plans, building elevations, building sections, wall sections, reflected ceiling plans, stair details, toilet and bath details, door schedules and details, window schedules and details, room finish schedules, auto transport and other details.

3. Fire protection drawings: including floor and roof plans, riser diagrams, equipment schedules, and details, including general notes calculations and all related calculations.

4. Plumbing drawings: including floor and roof plans, riser diagrams equipment schedules, plumbing fixture schedules, and details, including general notes, and all related calculations.

5. HVAC drawings: including floor and roof plans, one-line flow diagrams, equipment schedules, and details, including general notes and all related calculations. Also provide sections for mechanical equipment rooms and sequence of operation for all HVAC equipment.

6. Electrical drawings: including site demolition plans, site, floor, and roof plans (power, lighting, and other systems), one-line diagrams, panel schedules, equipment schedules, light fixture schedules calculations and details

7. Asbestos abatement: drawings including site demolition plans and floor plans indicating asbestos abatement method.

H. Construction Specifications: Project specifications shall include specifications for all products, materials, equipment, methods, and systems shown on the construction drawings in accordance with standard professional practice and the VA requirements. The specification submitted for review shall include:

1. The name of the manufacturer, the product name, model number, or other identification as appropriate to clearly identify the product that will be used in the construction of the project;

2. Other data as appropriate to clearly identify the product that will be used in the construction of the project i.e., shop drawings, product data, and samples as required by the VA documents; and

3. The required stamp of the licensed architect or engineer of record will be considered as certification of compliance with the project’s requirements.

IX. RECORDS MANAGEMENT OBLIGATIONS:

A. 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.

B. Definitions: “Federal record” as defined in 44 United States Code (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:

1. Includes VHA records.

2. Does not include personal materials.

3. Applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. May include deliverables and documentation associated with deliverables.

C. Requirements:

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. chapters 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, the 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. VHA 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 VHA or destroyed except 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, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate CO 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 VHA 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 Section C. Requirement, 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 VHA 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 VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is 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 VHA 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 VHA 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. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

** VHA training for contractors is available in Talent Management System (TMS): Records Management for Records Officers and Liaisons, Item #3873736

D. Flow down of requirements to Subcontractors:

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

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

X. QUALITY ASSURANCE (QA)/QUALITY CONTROL (QC):

A. To reduce design errors and omissions, the Design-Build Team A/E shall develop and execute a QA/QC plan that demonstrates the project plans and specifications have gone through a rigorous, thorough review and coordination effort.

B. Within two (2) weeks of receipt of Notice to Proceed, the Design-Build Team A/E will submit a detailed QA/QC plan describing each QA/QC task that will be taken during the development of the various design submission packages and the name of the Design-Build Team A/E member responsible for

QA/QC.

1. Upon its completion each task shall be initialed and dated by the responsible Design-Build Team A/E member.

2. A 100% completed QA/QC plan shall be submitted with the final construction document submission package.

XI. CONSTRUCTION PERIOD SERVICES (CPS):

A. Pre-Construction Meeting:

The DB A/E, as part of the Design-Build Team A/E, shall participate in the pre-construction meeting with the VA and DB Contractor. The DB A/E shall be prepared to respond to the VA concerns and shall provide overview of the design.

B. Site Visits & Inspections:

1. During Construction Period Services, the DB A/E shall visit the job site as appropriate to the stage of construction to determine in general if the work is being performed in a manner indicating that the work, when completed, will be in accordance with the working drawings.

2. During the construction period the DB A/E shall make weekly visits to the project site when requested by the Contracting Officers Representative (COR). The Contracting Officers Representative (COR) may also request visits for special purposes. Only registered architects and engineers thoroughly familiar with the project may make these site visits. The Contracting Officers Representative (COR) has the prerogative to determine the professional discipline(s) required for any visit. The DB A/E shall observe the construction, advise the COR of any deviations or deficiencies or solutions to issues discussed. A site inspection report which includes the purpose of the inspection, items reviewed, deficiencies observed, recommendations and additional actions required, shall be furnished to the Contracting Officers Representative (COR) within three workdays following the site visit date.

C. Disputes, Interpretations and Clarifications:

Upon written request from the VA, the DB Contractor shall furnish to the VA, with reasonable promptness, in writing or in the form of drawings, interpretations of the Contract Documents prepared by the DB A/E, if, in the opinion of the VA, such interpretations are necessary for the proper execution or progress of the Work.

D. Other submittals:

The DB team shall submit test results, certificates, manufacturer’s instructions, manufacturer’s field reports, etc. as required by the VA RFP specifications, to the VA Project Manager/COR.

E. Project record drawings:

The Design-Build Team A/E will maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process as required by the RFP specifications. The project record drawings will be available for review by the VA Resident Engineer at all times.

F. Shop drawings and submittals:

The DB A/E shall check government furnished and/or the contractor's shop drawings, detail drawings, schedules, descriptive literature and samples, testing labor-laboratory reports, field test data and review the color, texture, and suitability of materials for conformity with the RFP Documents and construction documents. The DB A/E shall recommend approval, disapproval, or other suitable disposition to the VA.

The VA will have final approval authority. The DB A/E shall evaluate the submittals with reference to any companion submittals that constitute a system. When necessary, the DB A/E will request the Contractor to submit related components of a system before acting on a single component. Should this procedure be inappropriate, the DB A/E shall review all prior submittals for related components of the system before acting on a single component. The DB A/E may be required to hold joint reviews with the VA technical staff and /or the Contractor on complicated system submittals. The DB A/E shall notify the VA COR in writing of any and all deviations from the requirements of the construction documents that he has found in the submittals.

G. Inspections and Testing:

1. DB A/E shall be present during one (1) Pre-Final inspection and one (1) Final inspection of Work and shall generate Punch List and forward the list to the VA with explanations of found deficiencies and/or omissions in work, and recommended correctives.

2. DB A/E shall review and approve or take other appropriate action on test reports and Punch List items to be completed or corrected. DB A/E shall approve or disapprove test reports and forward findings to the VA for final disposition. DB Team shall forward approved inspection and testing document or lists to the VA for final disposition.

H. Review of Documents and Work Acceptance: On closeout of Construction Period Services, the Design- Build Team A/E shall certify that the Contract Documents requirements and intent have been satisfied, workmanship is Professional and at an acceptable level, submittals and other DB supplied Documents as required in Contract Documents are in order and stamped approved. However, the Government’s final acceptance of the Work is at the discretion of the COR and shall be authorized in writing by the VA Contracting Officer only.

I. Project Close-Out:

The Design-Build Team A/E shall comply with the requirements in the “General Conditions”, Section 01001, and “General Requirements”, Section 01010, for submission of final RFP as built drawings, manuals, and other documents as noted. Required as built drawings and specifications will be submitted in the same format required for the construction documents.

J. AS-BUILT:

The Design-Build Team A/E shall prepare and submit AS-BUILT drawings as developed from the Construction activities re-lined as-built. Drawings shall be submitted in AutoCAD 2020 (or earlier) format and shall reflect the actual as-built conditions. Stamp drawings in large red bold letters “AS- BUILT” in the lower right-hand corner of all drawings. Drawings shall be submitted on full size consistent with previous requirements herein.