S02 - SOW - 523-23-001 - Repair Parking Deck and Structural Systems.pdf

Design S.O.W., Project #523-23-001 Repair Parking Deck and Structural Systems JP

Project #523-23-001

Repair Parking Deck and Structural Systems JP Architect/Engineer (A/E) Statement of Work (Design)

Scope of Work Provide all professional architectural and engineering (A/E) services necessary to develop complete drawings, specifications, cost estimates, construction schedules, project phasing, investigations, site visits and construction period services associated with renovating Building 3 Patient Parking Garage, Veterans Affairs’ Medical Center (VAMC), 150 South Huntington Avenue, Jamaica Plain, MA. The intent of this project is to address structural issues noted in the attached structural survey and investigate for any other potential issues that may have arisen as well. Conduct preliminary project scope meetings and site survey investigations to develop the necessary elements for conceptual layout schemes with proposed alternatives consistent with the VA’s project team goals as prioritized during preliminary project meetings, field surveys and studies. All work shall be designed to include phased construction as appropriate to maintain uninterrupted VAMC operation throughout the project.

2. Description of Work —

2.1 General: Conduct preliminary meetings and site survey investigations to define the necessary elements of the project scope of work fulfilling the goals of the VA’s project team (Engineering Service), and presentation of preliminary layout plans with proposed alternatives to the User Group.

Based on User Group meetings and site surveys, prepare a detailed project plan description report pertinent to the project requirements within the constraints of the construction budget consistent with the VA’s project team goals. Through the course of the design phase, it will be necessary to interface with Medical Center staff to ascertain the details of the scope through a series of meetings and periodic submissions of documents. All design submission requirements shall be in accordance to Open ended A/E Contract and conform to the latest editions of all VA criteria/standards/regulations/design guides, etc. (VA’s Office of Construction & Facilities Management web site:

http://www.cfm.va.gov), in addition to Commonwealth of Massachusetts state codes and regulations and national codes and regulations.

2.2 Implementation: Engage the services of all consultants in each discipline deemed to be necessary to fulfill the requirements of the project plan. Each discipline shall document and investigate the relevant existing conditions found, identify/investigate/review the availability of existing building information, and field verify all essential elements pertinent to their discipline. Site investigations shall measure, photograph, video tape, and document the conditions of areas to be renovated and/or impacted. Provide the necessary investigation/inspection/testing/metering of existing utilities to ensure their adequacy for this project.

2.3 Project Development: The A/E shall provide all services required to prepare documents and reports for the subject project consistent with the VA’s project team goals as prioritized during preliminary project meetings, field surveys and studies. The A/E shall determine existing conditions, severity of deficiencies, if any previous deficiencies have been corrected and to identify any conditions which may have previously been unreported. Cost estimates shall be prepared to reflect the cost of replacing the component in a stand-alone project (i.e., not as part of another project) and all cost for this replacement including but not limited to lead and asbestos removal, required phasing, special field conditions and/or temporary equipment needed during the construction. The completed report shall then be submitted for approval to the COR.

2.4 Project Design: Based on the approved design development the A/E shall provide all services required to prepare plans, specifications, and other supporting documents necessary to correct the identified deficiencies in priority order. The approved cost estimate and available project funding will be used to determine the amount of deficiencies which will be correct under this project. A complete design including but not limited to determination and evaluation of existing conditions, necessary engineering calculation, necessary design work, independent fire safety/life safety review, IH Services, quantity and cost estimates, bid schedule, construction cost estimates, a proposed construction schedule, design analyses and calculations, a design documentation report, engineering considerations and options report shall be developed for this project.

2.5 Asbestos & Lead: The proper identification Asbestos & Lead to determine construction costs associated with Comprehensive Strategy & Report phase of this project are considered part of this project. To extent possible existing Asbestos and Lead Assessment of the facility will be made available to the A/E. Additionally proper asbestos and lead abatement design and IH monitoring services required during construction to correct the deficiencies selected for the construction design portion of this project shall also be provided by the A/E.

3. General Description of Services —

A/E shall provide the services indicated in this Statement of Work, Supplement A, Supplement B and Supplement C. These services will be provided in distinct phases:

Conceptual/15% Submittal – Preliminary User Group Meetings & Field Surveys 30% Submittal – Schematics 60% Submittal – “DD” Design Development 90% Submittal – “CD” Construction Documents 100% Submittal – Bid [Final] Documents Construction Period Services Project Close Out Submittal – “As-Built” Construction Documents

3.1 Drawings: The drawings, specifications, and all other submittal items will be prepared using English units of measure.

3.1.1 General: The A/E shall prepare drawings in a manner that clearly and adequately delineates the work to be accomplished by the construction contractor. Design documents will be sufficiently detailed to permit construction contractors to submit responsive bids without visiting the project site.

The cover sheet will be signed and stamped by principal of the firm who is a registered Architect or Professional Engineer. All drawings will be created using AutoCAD and National CAD standards.

These CAD standards are available on the Internet at the VA’s Office of Construction & Facilities Management web site: http://www.cfm.va.gov.

3.1.2 CAD Files: One CAD (*.DWG) file shall be used per drawing (sheet) applying the VA’s CAD layering and disk labeling protocols. All files shall be IBM compatible and furnished on high quality CD-R disks. Provide in accordance with Supplement “B” sets of drawings (AutoCAD). The computerized version, format and media of the computer disks and files shall be specified and verified by the VA COR at the time each submission is due (XRF, DXF and ZIP files are not acceptable).

Provide durable high quality plastic storage boxes at each submission for long term archiving of the disks.

3.1.3 Format: All drawings and sketches will be provided in both hard copy and electronic file format. Full-sized drawings shall be developed as “E” sized sheets (30 inches by 42 inches at the trim line) and shall utilize the standard VA title block. Fonts shall be standard AutoCAD, and drawings must be fully compatible with AutoCAD 2008. Drawing file names shall contain the drawing number and drawing title information. Drawings shall utilize world coordinate system with standard cross hairs. Each drawing shall have a separate drawing file name consistent with the drawing title. Adobe Acrobat PDF files for each AutoCAD file shall be provided.

3.1.4 Fire/Life Safety Review: An independent fire safety and life safety review shall be accomplished at each design submission. Include the cost and coordination for a fire/safety review.

FP&C Consultants, 1520 Main Street, Indianapolis, IN, 46224 is suggested based on past experience;

the point of contact is Beth Alexander at phone number 317-486-5188.

3.2 Specifications …

3.2.1 General: The A/E shall utilize the latest edition of VA Master Specifications as revised and provided by the facility supplemented by the VA Office of Construction and Facilities Management Master Specifications as needed. The VA retains no responsibility for the development or preparation of any specification. While it is recognized that certain Divisions and/or Sections will require significant input from the VA, the A/E retains overall responsibility for these Sections.

3.2.2 Electronic Files: All files shall be IBM compatible and furnished on high quality CD-R disks.

Provide in accordance with Supplement “B” sets of specifications (MS Word). The computerized version, format and media of the computer disks and files shall be specified and verified by the VA COR at the time each submission is due (ZIP files are not acceptable). Provide durable high quality plastic storage boxes at each submission for long term archiving of the disks.

3.2.3 Outline Specifications: The A/E shall develop an outline specification listing the proposed guide specifications and the A/E prepared sections that will be used for the project. The outline specification will list the guide specification number and title for each proposed section. Sections shall be arranged within their respective divisions, in numerical order. New specification sections, developed by the A/E, will be numbered to fall in their respective division at a logical location.

3.2.4 Editing Specifications: The A/E must thoroughly edit and adapt the Specifications to satisfy the project requirements and provide a complete set of construction specifications. The A/E shall notify the VA in writing should there be instances where there are no appropriate Master Specifications available for use. At the VA’s direction the required specifications will be prepared by the A/E. These specifications shall list the essential features, functions, and other factors to clearly indicate the type and quantity of items/work required. All specifications will be prepared by listing parameters and requirements that can be met by several manufacturers. The use of trade names may be used to establish the standard of quality to be met.

3.2.5 Construction Contractor Submittal Register: The specifications require the construction contractor to submit shop drawings, samples, manufacturer’s data, certificates, test reports, and other items to the Government. The A/E shall prepare a complete listing of construction contractor submittal requirements on an Excel Spreadsheet. The spreadsheet shall have a separate line for each required submittal and separate columns for Division, Section, and type of submittal (catalog cut, sample, etc).

The register shall be incorporated with the specifications.

3.3 Quantity and Cost Estimates …

3.3.1 Format: The A/E shall prepare quantity computations, cost estimates, and construction cost estimates for this project. All construction cost estimates shall conform to the requirements contained in VA Manual for Preparation of Cost Estimates (latest edition). Manual is available on the Internet at the VA’s Office of Construction & Facilities Management web site:

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

3.3.2 Cost Estimate Submittal: Cost estimates shall be submitted in 2 hard copies and in electronic form. THE A/E IS RESPONSIBLE FOR ESTABLISHING INTERNAL CONTROLS FOR

KEEPING THE PRJOJECT DESIGN WITHIN PROJECTED CONSTRUCTION FUNDING.

THE A/E WILL BE REQUIRED TO REVISE DESIGN AND RESUBMIT COST ESTIMATES

AS NECESSARY (AT NO COST TO THE VA) SHOULD COST ESTIMATES EXCEED

CONSTRUCTION FUNDING.

3.4 Phasing and Construction Schedules…

3.4.1 Schedules: The A/E shall prepare a proposed schedule for construction that is consistent with the project construction cost estimate. During development of this schedule, due consideration will be given to standard construction practices, durations of tasks, the sequence of construction, procurement of materials, climatic conditions, etc. It is planned that areas in and adjacent to the proposed construction area shall be occupied during construction. The A/E shall develop a phasing plan that addresses this fact and assures smooth implementation of required construction. Special attention will be required to develop a design that can be phased as to allow work to be performed while all services remain in operation and can reasonably maintain day to day operations.

3.4.2 Schedule Format: The construction schedules shall be horizontal bar charts that: a) identify the major construction activities required to perform the work; b) identify the duration of each of the major construction activities; c) identify the critical path network to achieve the work.

3.5 Design Analysis (DA): The A/E shall develop a DA that addresses general project parameters, functional and technical requirements, existing conditions, design objectives, design assumptions, product literature and calculations applicable to the project’s design. Design/Construction Alternatives, existing physical limitation and their impact shall also be included in the DA.

3.6 Quality Control …

3.6.1. Quality Control Plan: The A/E shall prepare a Quality Control Plan (QCP) which includes the following as a minimum:

• Identification and discussion of all organizational and technical interfaces

• Design team members and their areas of responsibility

• Team members responsible for checking the design

• Team members responsible for checking the electronic files

• Team members responsible for reviewing and submitting the required VA Design Alerts and Quality Alerts

• Project Schedule showing key milestones and review periods

3.6.1.1. VA Design Alerts and VA Quality Alerts can be found on the internet at the VA’s Office of Construction & Facilities Management web site: http://www.cfm.va.gov.

3.6.2. Quality Assurance: The A/E is responsible for developing and performing quality assurance reviews of all work to confirm that proper criteria, regulations, laws, codes, principles and professional procedures have been used. This includes work performed by subcontractors. The VA shall review all project submissions, but this review is general in nature and should not be considered as part of the A/E’s Quality Control Plan and/or Quality Assurance.

3.6.3 Quality Certification: The A/E shall certify at each submission in writing that he/she has performed quality assurance reviews of that submission.

3.7 Site Visits, Meetings/Conferences, and Discussions …

3.7.1. Site Visits: The A/E shall perform design site visits as required to accomplish the scope of this project. The purpose of these visits is to further define project requirements, observe and evaluate existing field conditions, review any existing documentation, conduct required design meetings, and to gather supplemental site data necessary for performing the design. Reports summarizing the conditions observed, personnel contacted, and data gathered during the visits shall be prepared and included in the Design Development Documentation.

3.7.2. Design Review Conferences: Design review conferences shall conduct shortly following the issuance of each review Submission. Refer to Supplement B for the proposed schedule but will typically take place two weeks after the submission date. Design review conferences for the Schematics, Design Development and Construction Document Development phase shall include the A/E Project Manager/Senior Designer. These conferences shall take place at the facilities where the work is being performed.

3.7.3 Site Visit and Meeting Minutes: The A/E shall take notes and prepare minutes for all site visits, meetings and conferences attended. Minutes will be prepared in typed form, signed by the A/E Project Manager, and furnished to COR within seven calendar days after the meeting/conference for concurrence and distribution to attendees. Copies of all meeting/conference minutes will be included in each Submission.

3.8 Responsibility after Design Completion: The A/E is required to support the VA should errors or omissions in the documents create problems in bidding or administering the contract for construction. As needed, the A/E will clarify the design intent and correct any errors or omissions in the original documents. The corrections shall be done in a timely manner at no additional cost to the Government. The A/E shall incorporate amendment changes on the original drawings and/or CAD drawings when requested to do so after the bidding process at no extra cost to the Government. In addition, the A/E shall incorporate amendment changes on the submittal registers and submit on a CD labeled with the project title, location, and construction contract number. Also, during the bidding period, the A/E is required to assist in answering all bidders’ inquiries pertaining to the design. If clarifications are required, the A/E will prepare the required amendment. The A/E, however, shall not receive or respond to any direct inquiries from contractors.

3.9 Construction Period Services – (Options):

CPA Services shall include, but are not limited to:

• review and approval of construction submittals covering products that have been listed within the contract documents and contractor substitutions, manufacturer’s data/performance sheets, samples, shop drawings, schedules, phasing plans;

• provide and maintain an updated submittal register

• compatibility analyses of different materials and recommendations associated with acceptance or rejection of alternate materials and products;

• responses to Request for Information (RFI);

• change order review and recommendations;

• preparation of cost estimates to Request for Proposal (RFP);

• cost/time/impact estimates and recommendations relevant to design omissions and construction plan deviations.

• site visits as required and/or requested by the VA COR for inspection of ongoing construction including final tests and inspections; documentation of all necessary site visits to the VA COR within one (1) week after the visit;

• verification of as-built conditions from contractor supplied marked up prints;

• preparation of as-built documents in accordance with Supplement “B” which the VA will retain permanently;

• IH services associated with any asbestos or lead abatement identified in the project.

The Government may issue a change order for the A/E to provide additional services to such as review of value engineering change proposals, preparation of design modifications, or other similar services during construction.

Electronic Construction Submittals:

• The A/E shall have the capability to electronically review and process construction submittals including digitally signing the Material Approval Submittal. A PDF writer (such as Adobe Reader/Writer or Pro V Nuance, etc.) is required by the A/E in order to process electronic construction submittals.

• The A/E shall provide and manage a file transfer protocol (ftp) site or file share site for the processing of electronic submittals. This file management site shall be set-up to allow the contractor to electronically submit the construction submittals, allow the A/E to review and process the submittals and allow the VA to review and process the submittals.

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.

4. References/Design Criteria

4.1 Incorporated References/Design Criteria — The following documents form a part of this contract to the extent referenced are included in the A/E Scope of Work. Design requirements identified in these documents are part of the A/E Required Services. National Codes, Standards and other requirements referenced in these documents also become part of the A/E Required Services.

Design Copies of these may be found on the internet at the VA’s Office of Construction & Facilities Management web site: http://www.cfm.va.gov.

Supplement “A” (attached) Supplement “B” - A/E Submissions of Design Review Materials (attached) Supplement “C” - A/E Minimum Submission Requirements (attached) http://www.cfm.va.gov/

VA JP Patient Parking Garage Survey (attached) Asbestos Abatement Design Manual (by referenced) Construction Standards (H-18-3); latest revision (by reference) Master Specifications (PG-18-1); as revised by facility supplemented with PG-18-1 as needed (by reference) DVA National CAD Standard Application Guide (by reference) DVA National CAD Standards & Detail (PG-18-4); latest revision (by reference) Volume 1 Architectural; latest revision Volume 2 Site Engineering & Landscaping; latest revision Volume 3 Mechanical Engineering; latest revision Section 1 Plumbing & Sanitary Section 2 HVAC Section 3 Steam Generation & Distribution Volume 4 Electrical; latest revision DVA Special Design Criteria; HVAC, Mechanical, Plumbing, Electrical, Structural, et al (by reference) National Standard Plumbing Code (NAPHCC) (by reference) National Electrical Code; latest revision (by reference) Handicapped Standards; latest revision (by reference) NFPA; latest revision (by reference) Applicable VA Design Guides (by reference) Applicable VA Design Alerts (by reference) Applicable VA Design Manuals (by reference) Applicable VA Quality Alerts (by reference) Applicable VA Equipment Guide Lists (by referenced) VA Equipment Reference Manual PG-18-6 (by referenced) A/E Contract Procedures (by reference) A/E Architectural Review Checklist (by reference) A/E HVAC Review Checklist (by reference) A/E Plumbing Review Checklist (by reference) A/E Electrical Review Checklist (by reference) A/E Coordination Drawing Checklist (by reference) Manual for Preparation of Cost Estimates (by reference) Applicable VA Energy Conservation & Sustainability Program requirements (by reference) Preparation and Issuance of Construction Solicitation Contract Documents Manual (by reference) A/E Submission Instructions for Minor and NRM Construction Program (PG-18-15) (by reference)

4.2 Energy Requirements for all New Construction, Major & Minor Renovation

Projects (ASHRAE Standard 90.1-2007 Energy Standard for Buildings):

4.2.1 For NRM and CSI Projects: Where a small portion of a building, and only architectural treatments, or simple equipment replacement is planned. The renovation will have little to no impact on the central HVAC System, or energy use within the renovated area. The A/E shall design all renovated areas to comply with ASHRAE Standard 90.1 -2007 as a minimum. Design to better than ASHRAE Standard 90.1 -2007, when obviously life cycle cost effective. Appendix G analysis is not required for NRM and CSI projects. Any part of the renovation which impacts energy consumption shall be designed with the mandate to reduce energy consumption. For example, if exterior walls are part of the project, then their R- Value shall be increased. If lighting fixtures are to be replaced, then they shall be replaced with the most energy efficient fixture that is cost effective (20 year life), and meets the lighting W /SF required in Chapter 9, ASHRAE Standard 90.1 -2007.

4.2.2 Renewable Energy Resources: For any work, renewable (geothermal, heat recovery, wind, PV solar, solar hot water, etc.) shall be evaluated for life-cycle cost effectiveness.

5. Design Budget —

5.1 Cost Control: A/E is responsible to develop a design that can be built within budget and function as intended without change orders. The design must be based on the reality of existing site conditions and not solely on “As-Built” drawings. The A/E as part of their site investigation is responsible for confirming all existing conditions that may affect the project construction.

5.2 Cost Estimating: A/E shall be responsible, as part of the Quality Assurance Plan, to develop procedures for tracking estimated construction costs throughout the project design. Cost estimates submitted as part of the submission requirements shall not be used as the sole method of meeting this requirement. The A/E shall notify the COR when estimated construction costs exceed the construction budget. The A/E shall be responsible for proposing alternates to bring the project cost estimate within the construction budget. A/E shall modify design elements as necessary to keep the project cost estimate within the construction funding level. These changes shall be made at no additional cost to the Government.

5.3 Construction Budget: $2,600,000.00.

6. Design Phases —

6.1 Conceptual: Refer to Supplement A and B. Working with the VA Medical Center’s project team (COR and User Group) the A/E shall propose conceptual needs and requirements with proposed alternatives for the planned scope of work. This task is an iterative process requiring multiple proposals and revisions developed during site meetings.

6.2 Schematics: Refer to Supplements A, B & C. A/E shall develop specific design needs and requirements with proposed alternatives. These documents are to be developed from the documents, meeting minutes and recommendations made during the conceptual phase. Any existing utilities and/or equipment which are to be incorporated into the project design shall be reviewed and evaluated to assure that they are indeed there and are in sufficient quantity and condition to do so. Documents for this task define project requirements based on the planned scope of work. All required functional requirements shall be identified and incorporated into the project. All Architectural and Engineering requirements shall be identified and incorporated into the project. A/E shall provide an evaluation of the coordination of the drawings between disciplines; identification of errors, omissions or conflicts found within or between drawings and specifications.

6.3 Design Development: Refer to Supplements A, B & C. Any existing utilities and/or equipment which are to be incorporated into the project design shall be further reviewed and evaluated to assure that they are indeed there and are in sufficient quantity and condition to do so. Documents for this task define project requirements based on the approved scope of work. These documents are to be developed from the documents, meeting minutes and recommendations made during the schematics phase. All required functional requirements shall be identified and incorporated into the project. All Architectural and Engineering requirements shall be identified and incorporated into the project. A/E shall provide an evaluation of the coordination of the drawings between disciplines; identification of errors, omissions or conflicts found within or between drawings and specifications. A/E shall provide an evaluation of schedule to meet operating plan, project phasing and market conditions which may affect bidding. It is expected that at the completion of this phase marks the completion of the data gathering portion of the project. The A/E shall have obtained all information required (including site visits) to proceed directly the preparation of Construction Documents.

6.4 Construction Documents: Refer to Supplement C. The A/E shall develop complete drawings and specifications and other documents necessary for the bidding and construction of this project.

These documents are to be developed from the documents, meeting minutes and recommendations made during the design development phase. A/E shall perform an evaluation of the coordination of the drawings between disciplines; identification of errors, omissions or conflicts found within or between drawings and specifications. A/E shall provide an evaluation of schedule to meet operating plan Invitation for Bids and Award dates, project phasing, and market conditions which may affect bidding.

6.5 Special Remarks: Cost estimates shall incorporate construction related issues which include but are not limited to materials, systems and construction techniques. Design documents review, analyses and recommendation of cost estimates covering labor, materials, equipment, general conditions and requirements developed for the project. Estimates shall allow for incorporation of review comments, which are within the Statement of Work.

7. Submittals and Performance Schedule —

7.1 Delivery: Deliver Submission Documents to the VA Boston Healthcare COR. The performance period will be project specific and will be specified with each scope of work. Review of material with the VA will take place approximately 14 days after submission.

7.2 Submission Materials and Schedules: Refer to Supplement B. Reproduction, mailing and delivery time is inclusive to the stated durations.

7.3 Government Review, Comment Resolution and Meeting Minutes: The VA will review all submittals identified under this contract for functional and aesthetic relationship. The VA review may consist of written and/or oral comments at the discretion of the VA. VA review of the A/E’s work shall not be construed by either party to relieve the A/E from any requirements of this scope of work;

the A/E is responsible for all design work. The A/E shall submit written responses to the VA's oral and written design review comments; these written responses shall be within seven (7) calendar days of the VA's comments; and these responses shall explain the action the A/E will take for each comment. The A/E will be responsible for taking minutes at meetings and submitting them to the COR for concurrence within seven (7) calendar days of the meeting. Both parties will discuss these comments, if necessary, and attempt to resolve any unsettled issues that may arise from the review.

Time for reproduction and mailing is inclusive to the stated durations.

7.4 Work during Government Review: The A/E may choose to perform work, at its own risk, during the Government review and comment resolution period; however, comments resulting from that review must be incorporated into the design prior to the next submittal. In the event a subsequent design phase is not authorized, the A/E shall incorporate all available review comments into the design to complete the current phase.

7.5 Construction Execution:

Construction Documents to Bidders Date: To Be Determined (TBD) Bid Opening Date: TBD Actual Construction Contract Award: TBD Anticipated Construction Duration: TBD Construction Completion Date: TBD

8. Authorized Changes — The A/E shall only accept instructions and/or directions from the assigned COR. Changes in the project scope of work must be authorized by the VA Contracting Officer.

9. 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 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 VA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA 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. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. The VA 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 the VA 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 the VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the scope of work. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA 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 scope of work. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VA 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 the VA 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.

D. Flowdown 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, 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.

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