S02 Updated Statement of Work.pdf

Yale Lab and Office Corrections VA Medical Center West Haven, Connecticut

STATEMENT OF WORK

For A/E Type A, B & C

Project Number: 689-21-131

B1 7th Floor Yale Lab and Office Corrections

VA Connecticut Healthcare System West Haven Campus

950 CAMPBELL AVENUE

WEST HAVEN, CT 06516

TABLE OF CONTENT:

BACKGROUND

SCOPE OF WORK

ADMINISTRATIVE PROCEDURES

MATERIAL TO BE PROVIDED TO THE A/E BY THE VA

DELIVERABLES

DESIGN REVIEWS – SCHEDULES AND REQUIREMENTS

CONSTRUCTION PERIOD SERVICES

APPENDIX A: ENVIRONMENTAL ASSESSMENT SCOPE OF WORK

APPENDIX B: INFECTION PREVENTION MEASURES

APPENDIX C: VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

Drawing 1: B1 7th Floor Architectural Drawing Drawing 2: B1 7th Floor Mechanical Drawing

I. BACKGROUND

VA Connecticut in West Haven is planning to renovate the Yale Lab and Office suite located in Building 1 7th floor East Wing in order to correct multiple deficiencies. There has been ongoing humidity and temperature issues in which it is often too hot and too humid. The controls have not been responsive, and the conditions of the existing AHUs are worn and probably beyond repair. To make matters worst, there is an active roof leak in the North Side of the lab. The source of the leak is unknown but is speculated to be from the building envelope.

II. SCOPE OF WORK

The Scope Of Work is to find a permanent solution to correct any humidity and temperature issues in the lab area and in the office suite (see Drawing 1) and prevent further leaks. This will involve replacing the existing unit and controls, and modification of the ductwork (resizing, add/subtract) to an extent. Although there are no known documented hazardous materials, the AE shall conduct a comprehensive site assessment to identify any discrepancies, especially ACM, LCM, and VOC. In addition, the survey shall identify any hidden damaged infrastructure that needs to be replaced or repaired. Provide full Type A (Survey), Type B (Design), and Type C (Construction Period Support) services to accomplish all Objectives below.

A. Objectives:

1) Within the project area, verify that there are no changes to the existing architectural, electrical, structural, mechanical, plumbing, fire protection, HVAC, Site Security, etc. from any known as-builts or in-house drawings.

2) Submit a Timeline to develop 35%, 65%, 100% Design Documents to the VA no later than 14 days after the Notice To Proceed.

3) Interview stakeholders, including the occupants, VA Shop Supervisors, VA Police, Infection Control, and Safety, for local needs and requirements. In particular, participate in NEPA and in ILSM Reviews with the VA Safety Department as required by the VA.

4) Provide initial programming, schematic design concept 35% design documents, design development 65% documents, and 100% construction documents for any required architectural, structural, plumbing, mechanical, electrical, HVAC, and fire protection type of improvements within the project limits area that includes the roof structure. The specification shall follow the latest TIL division format on the CFM website (https://www.cfm.va.gov/TIL/spec.asp ).

5) Review the site and provide security measures for the existing structure and the any mechanical unit in the project area based on the VA Design Manual.

https://www.cfm.va.gov/TIL/spec.asp

6) Provide a third-party Commissioning Plan for the new/refurbished HVAC unit.

7) Perform biweekly onsite monitoring of Contractor and Progression.

B. Design Scope – General: The A/E shall develop and provide a set of drawings and Specifications for conceptual, design development and final design purposes which meet the previously stated Project Scope and Objectives. The A/E shall also provide equipment arrangement locations. The A/E shall design for LEED Silver Certification where economically feasible. Documentation for application for Certification will not be required.

1. Design Scope – Architectural: The A/E shall provide necessary plans to meet the

Project Scope and Objectives stated in Section IIA, including flooring, doors, and wall protection finishes as required.

2. Design Scope – Structural: The A/E shall provide for structural design, calculations and documentation as required to evaluate the location of structural members to avoid conflicts. In addition, the A/E shall provide structural design, calculations and documentation as they pertain to other modifications to the space, roof, or other locations supporting equipment.

3. Design Scope – Mechanical: The A/E shall review all available documents from the facility and perform site visits as required to evaluate the location of all HVAC equipment, controls, and components as required. The A/E shall provide mechanical design, calculations, and documentation.

4. Design Scope – Plumbing: The A/E shall provide design of and detailed construction drawings and specifications as required and as they pertain to the requirements of the redesign.

5. Design Scope – Electrical: The A/E shall provide design of and detailed construction drawings and specifications for: General Electrical Information, Electrical Demolition, as required in accordance with required equipment and controls.

6. Design Scope – Communications, IT, JCI: The A/E shall evaluate the existing detailed construction drawings and specifications as required and as they pertain to the requirements of the redesign and modifications to the space.

7. The A/E Shall work closely with the VA Project Engineer through the conceptual planning and design phases to ensure coordination with various VA staff. The drawings shall contain boldly printed instructions requiring the same level of coordination by the construction contractor and subcontractors.

C. General Requirements: The A/E shall produce designs that comply with the latest editions of all applicable DVA guidelines (e.g. Construction Standards, Master Specifications, Standard Details, Special Design Criteria), NFPA, JC, Federal and State codes, CDC (COVID-19 measures) pertinent to the project scope.

D. Site Survey: If the existing drawings are inadequate, then the A/E shall conduct on-site survey(s) within specific timeframes to gather all data applicable to the project for the design. Coordinate with the VA Project Engineer in advance for the survey times.

E. Code Study: The A/E shall conduct a code study to determine code compliance of the proposed redesign. This shall also include a life safety plan.

F. The construction cost shall not exceed $1,500,000.00

III. ADMINISTRATIVE PROCEDURES

A. A Pre-proposal meeting of the A/E, the VA Contracting Officer and the COR will be held prior to preparation of the A/E’s proposal. The Statement of Work and the existing conditions of the site proposed for work will be reviewed. At this time, the A/E will have the opportunity to review and obtain copies of As-Built Drawings and other VA materials as necessary to prepare a proposal. Availability and accuracy of as-built drawings cannot be confirmed and shall be verified by the A/E.

B. After award of a Task Order and issuance of the Notice to Proceed, the A/E will coordinate all site visits through the COR. A copy of the COR’s authorized duties and responsibilities will be provided with the Notice to Proceed.

C. All A/E personnel, their sub-contractors and representatives visiting VA sites will be required to sign in upon arrival and sign out upon leaving in a log book which is kept in the Engineering Design and Development section in Building 15. Each visiting individual will be required to enter their name, their company’s name, VA project title, date, reason for the visit, and the times of arrival and departure. Additionally, all persons shall be badged. Arrangements for after-normal-working-hour site visits shall be made in advance and during normal working hours.

IV. MATERIAL TO BE PROVIDED BY THE VA

A. The VA shall provide the A/E with copies of building floor plans, and as-builts, if any, as needed for this project in AutoCAD or .pdf format. These drawings will be provided for reference purposes only. The A/E shall be responsible for verifying all such plans for dimensional accuracy and other features and representations critical to the design prior to their use in production of final plans. The VA Engineering Department electronic files, copy machines and paper will be made available for use by the A/E for such document production throughout the project.

B. Specific sections of the VA Master Construction Specifications, Design and Construction procedures, Standard Details and CAD standards, Design Manuals, etc. can be found via the internet for acquisition and editing by the A/E at http://www.cfm.va.gov/TIL/ http://www.cfm.va.gov/TIL/

V. DELIVERABLES

The A/E shall develop and provide to the VA the following:

A. Meeting Minutes: The A/E shall take minutes of all conferences and other meetings with the VA (including site visits) and shall provide a copy to the Contracting Officer for a concurrence signature.

B. Drawings: The A/E shall deliver to the VA fully developed Drawings on current year AutoCAD and a REVIT files using the VA standard BIM Guidelines. Hard Copy drawings shall be plotted at 1:96 scale minimum. Larger more appropriate scales shall be used for sections and details.

C. Specifications: The project specifications shall be prepared in Microsoft Word by the

A/E from the VA Master Specifications. The general format shall include; Part 1 – General, Part 2 – Products, and Part 3 – Execution. Part 1 shall include the general requirements, identify applicable standards, and identify submittals required for a particular specification. Part 2 shall include descriptions of the salient characteristics of the products. Part 3 shall include a description of the methods used to install items of construction. The A/E shall identify all VA Master Specification sections applicable to the project and edit them accordingly to fit the scope of work. If additional specification sections are needed that are not listed in the VA Master Specifications, the A/E is responsible to write and edit an appropriate CSI format Specification Section.

Specifications shall be printed on 8-1/2”x11” bond paper using 12 pt. Times-New Roman fonts. The A/E shall incorporate into the specifications and its construction site inspection procedures the applicable Infection Control and Dust Control provisions.

D. Construction Cost Estimates: The A/E shall prepare a Construction Cost Estimate in Microsoft Excel using the CSI 34 – division format. The Cost Estimates shall include a copy of the quantity take-offs, breakdown of individual line items that accurately reflect the quantity take-off of the various categories of work involved, unit of measure, quantities, unit cost, 10% overhead, 10% profit, and 3% bond. All cost data shall be taken from the most current version of a recognized industry standard, e.g. Means Estimating Guides. For items that are not in the industry standards, vendor quotes and justification for labor hours shall be provided. Construction Cost Estimates shall be submitted with 65% and 100% design reviews and include a cost breakdown for each alternative.

E. Submittal Register: The A/E shall develop a list of all submittals required by the specifications in Section 1 of each individual specification. The register shall include specification reference, and item to be reviewed approved.

F. Narratives: Written narratives shall be used as part of each design submission. The narrative, or basis of design, should be used to elaborate on and provide an explanation of key design decisions relating to constructability, and in general to communicate all information relevant to the design submission.

G. Construction Schedule: The A/E shall also establish a preliminary construction schedule indicating the entire length of time estimated for the completion of the construction contract, measured in weeks. The A/E shall provide a commensurate Gant Chart for the construction activities to include critical path items. For example, utility shut downs.

This schedule shall include pre-construction activities (such as submittals and mobilization), specific construction activities/events, special phasing requirements and final activation of the space.

H. Reproduction: The A/E shall be responsible for all reproduction during design; however, only materials which are submitted to the VA for design reviews shall be reimbursable.

All other reproduction for in-house reviews, consultants, etc. shall not be reimbursed.

Note that all bid administration activities will be performed by the VA Contracting office.

VI. DESIGN REVIEWS – SCHEDULES AND REQUIREMENTS

The following design submissions will be required:

Schematic Design Submission – 35% (no more than 28 Calendar Days from NTP) Design Development Submission – 65% (no more than 42 Calendar Days from NTP) Final Design Submission – 100% (no more than 66 Calendar Days from NTP)

The A/E shall examine the schedules set forth below and recommend to the VA any improvements in the allocations of time allowed for each phase, the net effect of which would be to either provide more time for phases needing more time or to shorten the schedule.

A. First Submittal Schematic Design Submission (35%)

For this submission, the A/E shall produce a clean and up to date physical schematic.

a. Narrative:

Provide a written narrative with a summary of the meetings with the VA Design Team as well as a presentation, discussion and recommendation of the design alternatives which have been explored and evaluated. Key decisions/choices which were made by the VA Design Team prior to the schematic design submission should be documented. The schematic design narrative shall also identify each and all required systems, utilities (including preliminary HVAC calculations) and major (built-in) equipment with a brief description of its type, location, use and extent.

The A/E shall address constructability issues and their impact on project construction cost.

b. Drawings:

The A/E shall provide preliminary schematic drawings that show improvements within the project limits.

Identify and verify as-built conditions in walls and overhead spaces in those areas that will be impacted and propose solutions to re-route existing utilities or avoid utility conflicts.

Review existing environmental reports covering the project area. Identify existing asbestos, lead based paint, and other environmental hazards locations that will be impacted and identify locations that require further testing.

Two C size Drawings and electronic version of CAD work completed to date.

c. Specifications:

The A/E shall provide an index of all VA Master Specifications which are anticipated to be used for this project.

d. Cost Estimates:

The A/E shall provide a complete cost estimate with as detailed a breakdown as possible for this stage of design. Separate cost estimate figures shall be given for design alternatives being presented for consideration as part of the schematic design.

e. Construction Schedules and Phasing Plans:

The A/E shall provide a preliminary construction schedule and phasing plan.

f. The A/E shall provide a completed VA infection control form addressing all areas.

g. The A/E shall provide a completed A/E Review Checklist for all applicable disciplines.

h. The 35% schematic package shall include preliminary concepts of the proposed alternatives.

B. Second Submittal Design Development Submission (65%)

a. Narrative:

Provide a written narrative that builds upon the Schematic narrative and continues to document key decisions and be used to further describe and explain important aspects of the design, especially those not yet appearing in the form of a drawing.

As an element of the design development narrative, include an outline of work yet to be completed and included on the drawings as part of the Design Development submission (details, elevations, schedules, etc.). The A/E shall further develop constructability issues and their impacts on project construction cost and schedule.

Engineering Calculations shall be included as an appendix.

b. Drawings:

The A/E shall provide design development drawings that show detailed plans to renovation the project and the adjacent spaces within the project limits.

One F size (30” x42”) and two C size Drawings and one electronic version of Cad work completed to date.

c. Specifications:

The A/E shall provide Specifications based on criteria established at the initial design meeting as required for supplementing the construction drawings. The A/E shall provide a list of all proposed specification sections: General Conditions, Submittals, Demolition, and all major electrical, civil, structural, mechanical, plumbing, fire protection, and communication components and hardware.

d. Cost Estimates:

The A/E shall provide an accurate and detailed cost estimate which will show that the scope and the design of the project are within the project budget. Deductive bid alternates shall be broken out separately to show that they account for 20% of the overall budget for construction award.

e. Construction Schedules and Phasing Plans:

The A/E shall provide a detailed construction schedule and phasing plan to support the design.

f. The A/E shall provide a completed VA infection control form addressing all areas.

g. The A/E shall provide a completed A/E Review Checklist for all applicable disciplines.

h. 65% Review Schedule:

The 65% design development package shall include detailed design.

C. Final Design Submission (100%)

One set of original 100% Final Design Drawings to be submitted at 28 calendar days after Notice to Proceed (NTP).

One set of indexed and bound Specifications.

Two CD’s each of:

a. Final Drawings in AutoCAD/REVIT using the VA standard for BIM Guidelines (to include PDF versions of each sheet),

b. Final Drawings in Hard Copy format shall be plotted at 1:96 scale minimum,

c. Specifications,

d. Construction Cost Estimate,

e. Construction Duration Estimate,

f. Phasing Requirements, and

g. Narrative with Engineering Calculations, safety Plan and Quality Control Plan,

h. Equipment List.

For bidding purposes upon final approval by the VA of all 100% construction documents (as evidenced by a VA authorized signature on the Mylar title-pages), the A/E shall deliver to the VA; one (1) set of C-size Drawings and one (1) set of bound specifications.

D. The 100% schematic package shall include preliminary concepts of the proposed alternatives.

VII. CONSTRUCTION PERIOD SERVICES (To be awarded only at the time of construction award)

A. General: The Contracting Officer reserves the right to terminate any construction period services, without payment for services completed, if such services are not needed or area not being adequately completed. The estimated number of site visits to the project area shall be thirty.

B. Response to RFI’s: The A/E shall be responsible for evaluating RFI’s to determine if a change will be required. The A/E shall then provide recommendations to the Contracting Officer. Within 48 hours, the A/E shall provide in writing the information, clarification or revision material needed to properly answer the RFI and to resolve the issue. The A/E shall include a cost/credit estimate for RFI’s which result in a change to contract cost.

C. Submittal Review: The A/E shall review Contractor submittals. The A/E will be required to review contract submittal for adherence to contract requirements and then forward their recommendation of approval/disapproval to the VA Contracting Officer within 7 calendar days. The COR shall take final action of approval/disapproval on each submittal and shall prepare and send a formal return of submittal to the contractor.

D. Commissioning: The A/E shall develop a Commissioning plan for the new AHU and HVAC system.

E. Site Visits: Day to day construction administration will be performed by the COR. The A/E shall make limited number of site visits, amount based on the contract, during construction period as well.

F. Asbestos and Lead Inspection: If applicable, the A/E shall perform all inspection and documentation services required during asbestos and lead abatement activities.

G. Photographic Documentation: The A/E shall be required to prepare photographic documentation in accordance with VA master specifications during the period of construction.

H. Record Drawings: The A/E shall verify as-built conditions from contractor supplied marked up prints, and prepare as-built documents for the VA.

I. One E size and one C-size Drawing and one electronic version of CAD/REVIT work.

APPENDIX A

ENVIRONMENTAL ASSESSMENT – SCOPE OF WORK

SECTION I

1.1 GENERAL:

A. This Scope of Work (SOW) is applicable to renovation and/or remodeling projects that may contain asbestos, lead, mold, and other potentially hazardous or regulated substances in which the VA Industrial Hygienist (VPIH) is hired by the A/E. In this document, the term A/E may also refer to as a contractor.

B. These special instructions cover the A/E and VPIH services for the Design Development and the Construction Documents stages of the VA process and the construction period services of a project. The VPIH hired by the A/E is not only required to have the experience and expertise of all aspects of hazard analysis and abatement but also have experience working as a member of a A/E design team.

C. The assessment and inspection portion of the services shall be completed by VPIH personnel who are licensed by the State of Connecticut Department of Public Health as asbestos inspectors for those performing asbestos inspection or assessment. VPIH personnel who perform lead paint inspection or assessment shall be licensed by the State of Connecticut Department of Public Health as a Lead Inspector or Lead Risk Assessor. VPIH personnel who perform microbial inspection or assessment shall show proof of expertise through experience and training in microbial and mold remediation inspection and assessment techniques.

D. The design documents shall be produced using VA Master Specifications by the VPIH with personnel who are licensed by the State of Connecticut Department of Public Health as an Asbestos Project Designer, Lead Project Planner/Designer, have expertise, experience, and training in microbial and mold remediation techniques, and are reviewed and approved by a Certified Industrial Hygienist (CIH) accredited by the American Board of Industrial Hygiene (ABIH).

E. A/E shall be responsible for providing all design documents related to demolition, phasing and other related documents for the project, (as determined by VA if proposed abatement impacts the specific construction project). The VPIH working for the A/E shall design and produce all hazard analysis and abatement contract documents and fully coordinate these drawings with A/E firm contract documents. Work requirements are listed in SECTION 2.2 for the VPIH.

F. The A/E will employ an independent industrial hygienist (VPIH) consultant and/or use its own qualified personnel to perform various services on behalf of the VA. The VPIH will perform the necessary monitoring, inspection, testing, and other support services to ensure that VA patients, employees, and visitors will not be adversely affected by abatement work, and that abatement work proceeds in accordance with specifications, that the abated areas or abated buildings have been successfully decontaminated. The work of the VPIH consultant in no way relieves the Contractor from their responsibility to perform the work in accordance with contract/specification requirements, to perform continuous inspection, monitoring and testing for the safety of their employees, and to perform other such services as specified. The cost of the VPIH and their services will be borne by the VA except for any repeat of final inspection and testing during monitoring services that may be required due to unsatisfactory initial results, as specified. The VPIH during asbestos abatement oversight shall be licensed by the State of Connecticut Department of Public Health as an Asbestos Project Monitor with project oversight by a

Certified Industrial Hygienist (CIH) accredited by the American Board of Industrial Hygiene (ABIH).

SECTION 2

2.1 Project Scope of Work (SOW)

The VPIH shall perform an environmental assessment of the proposed work areas, and areas adjacent to, directly above and below work areas that will be impacted by the project and any other areas not indicated in this section determined by the A/E that may be impacted during the project. Areas that could be impacted by this project should be carefully inspected including walls, floors, shafts and above ceiling and the precise location and quantity of all hazardous materials including but not limited to asbestos, lead, polychlorinated biphenyls, and mold should be provided. The VPIH will have access to all the historical records available for the areas impacted by the project before the beginning of the inspection.

2.2 VPIH Services Scope of Work:

1. All areas that may be impacted by this project (as described in General AE Scope Of Work section) shall require environmental assessment for the presence of asbestos-containing materials, lead-based paint, silica, and other environmental hazards (e.g.

PCB, mercury, refrigerant, polychlorinated biphenyls, etc.).

In addition, any areas located adjacent to, above, and below these rooms will require assessment if planned project activities impact these areas. This determination of these additional locations should be made prior to initiating field portion of the environmental assessment.

VPIH Services will include:

2. Asbestos Inspection:

a. A State of Connecticut licensed Asbestos Inspector will conduct an asbestos inspection in each impacted area to meet the requirements of EPA NESHAP/AHERA inspection and State of Connecticut regulations.

b. The inspector will collect bulk samples of suspect materials using approved EPA protocol for analysis by polarized light microscopy (PLM) method in a NVLAP accredited laboratory.

c. The inspector will check above ceiling spaces, including the existing HVAC system and all access hatches leading to above ceiling equipment for presence of suspect asbestos-containing materials and/or debris that might have become dislodged from above equipment.

d. The inspector may be required to perform selective demolition to expose concealed potential asbestos containing materials in the following areas, if impacted by the project: below existing flooring, inside wall cavities and chases, and inside ceiling chases.

3. Lead Inspection:

a. A state licensed Lead Inspector/Risk Assessor will test suspect surfaces and building components that may be impacted by the project for lead-based paint or lead-containing materials.

b. An X-ray Fluorescence Analyzer (XRF) will be used to identify the presence of lead or lead-based paint on/in building components prior to project activities.

c. Representative composite TCLP (Toxicity Characteristic Leaching Procedure) lead sample(s) may be collected as necessary to determine if demolition debris is either classified as hazardous waste or solid waste, depending on lead content and/or leachable lead content.

d. Ceiling spaces shall be included in the scope for inspection for the presence of lead-based paint or lead-containing components.

4. Mold Assessment: An inspector shall conduct a visual assessment of existing conditions for any visible mold and water damaged building materials in each area that will be impacted by this project.

5. Other Hazardous or Regulated Materials Assessment: During above inspections, also record any other hazardous or regulated materials noticed in the impacted areas and their conditions, such as mercury-containing equipment or items, refrigerant in any AHU, PCB-containing materials or equipment or items, etc.

6. VPIH Project Monitoring: During any asbestos abatement activities, provide VPIH monitoring services as specified in VA Master Specifications.

7. Written Reports:

a. A written report will be generated to summarize work activities and detail the findings of the each inspection.

b. The asbestos inspection report will include quantities and locations of asbestos-containing materials identified, sample location diagrams, photographs of each homogenous area and any damaged materials as documentation of present conditions, sample log and results, as well as the completed laboratory analysis.

c. The lead inspection report will include locations and components of lead-based paint, a sample location diagram, sample log and results, as well as any laboratory analysis.

d. Two (2) hard copies and one electronic copy of the final report shall be provided, with electronic copy in PDF format. All data tables must be provided in Microsoft Excel format. All sample locations must be identified on a print and marked in the field.

8. Abatement Specifications:

a. A State licensed Project Designer will review all inspection results and visit the site if regulated or hazardous materials have been identified in the impacted area.

b. Develop a written specification in accordance with the VA Master Spec for abatement of all asbestos-containing materials to be impacted by the renovation work and lead compliance during abatement and renovation for each area that requires asbestos and/or lead abatement.

c. The specification shall include the quantity and location of asbestos-containing materials to be removed and CAD drawings shown containment locations.

d. The materials for constructing the containments shall be outlined as well as methods of asbestos removal and disposal requirements, engineering controls during abatement.

e. Regulatory requirements specific to the site and final clearance criteria shall be detailed.

f. The specification will also provide appropriate guidance related to the lead compliance and disposal of lead-contaminated demolition debris, and other regulated or hazardous materials identified in the project impacted areas.

9. Final payment for design services will not be made until all project documents are received during the design phase and final payment will not be made until project close-out documentation including, but not limited to, VPIH site logs, monitoring results, and waste manifests is received after the completion of VPIH construction period services.

END OF APPENDIX

APPENDIX B

INFECTION PREVENTION MEASURES

A. Implement the requirements of VA Medical Center’s Infection Control Risk Assessment (ICRA) team. ICRA Group may monitor dust, in the vicinity of the construction work, and require the Contractor to take corrective action immediately if the safe levels are exceeded.

B. Establish and maintain a dust control program as part of the contractor’s infection preventive measures in accordance with the guidelines provided by ICRA Group as specified here. Prior to start of work, prepare a plan detailing project-specific dust protection measures, including periodic status reports, and submit to Project Manager and Facility ICRA team for review for compliance with contract requirements in accordance with Section 01340, SAMPLES

AND SHOP DRAWINGS.

1. All personnel involved in the construction or renovation activity shall be educated and trained in infection prevention measures established by the medical center.

C. Medical Center Infection Control personnel shall monitor for airborne disease (e.g.

aspergillosis) as appropriate during construction. A baseline of conditions may be established by the medical center prior to the start of work and periodically during the construction stage to determine impact of construction activities on indoor air quality. In addition:

1. The Project Manager and VAMC Infection Control personnel shall review pressure differential monitoring documentation to verify that pressure differentials in the construction zone and in the patient-care rooms are appropriate for their settings. The requirement for negative air pressure in the construction zone shall depend on the location and type of activity.

Upon notification, the contractor shall implement corrective measures to restore proper pressure differentials as needed.

2. In case of any problem, the medical center, along with assistance from the contractor, shall conduct an environmental assessment to find and eliminate the source.

D. In general, following preventive measures shall be adopted during construction to keep down dust and prevent mold.

1. Dampen debris to keep down dust and provide temporary construction partitions in existing structures where directed by Resident Engineer. Blank off ducts and diffusers to prevent circulation of dust into occupied areas during construction.

2. Analyze each site during design to determine the effects of blocking HVAC ducts and their impact on existing air handling systems that must remain operational before initiating a dust control program. The method of capping ducts shall be dust tight and withstand airflow.

3. Construct anteroom to maintain negative airflow from clean area through anteroom and into work area where required.

4. High risk patient care areas may require additional measures like air locks, special signage, smoke and negative pressure alarms.

5. Identify these areas clearly on the drawings and work with Medical Center personnel to achieve desired level of isolation suited to the scope of risk involved.

6. Do not perform dust- producing tasks within occupied areas without the approval of the Project Manager. For construction in any areas that will remain jointly occupied by the medical Center and Contractor’s workers, the Contractor shall:

a. Provide dust proof fire-rated temporary drywall construction barriers to completely separate construction from the operational areas of the hospital in order to contain dirt debris and dust. Barriers shall be sealed and made presentable on hospital occupied side. Install a self-closing rated door in a metal frame, commensurate with the partition, to allow worker access. Maintain negative air at all times. A fire retardant polystyrene, 6-mil thick or greater plastic barrier meeting local fire codes may be used where dust control is the only hazard, and an agreement is reached with the Resident Engineer and Medical Center.

b. HEPA filtration is required where the exhaust dust may reenter the breathing zone. Contractor shall verify that construction exhaust to exterior is not reintroduced to the medical center through intake vents, or building openings. Install HEPA (High Efficiency Particulate Accumulator) filter vacuum system rated at 95% capture of 0.3 microns including pollen, mold spores and dust particles. Insure continuous negative air pressures occurring within the work area. HEPA filters should have ASHRAE 85 or other pre-filter to extend the useful life of the HEPA. Provide both primary and secondary filtrations units. Exhaust hoses shall be heavy duty, flexible steel reinforced and exhausted so that dust is not reintroduced to the medical center.

c. Adhesive Walk-off/Carpet Walk-off Mats, minimum 24” x 36”, shall be used at all Interior transitions from the construction area to occupied medical center area.

These mats shall be changed as often as required to maintain clean work areas directly outside construction area at all times.

d. Vacuum and wet mop all transition areas from construction to the occupied medical center at the end of each workday. Vacuum shall utilize HEPA filtration.

Maintain surrounding area frequently. Remove debris as they are created. Transport these outside the construction area in containers with tightly fitting lids.

e. The contractor shall not haul debris through patient-care areas without prior approval of the Resident Engineer and the Medical Center. When, approved, debris shall be hauled in enclosed dust proof containers or wrapped in plastic and sealed with duct tape. No sharp objects should be allowed to cut through the plastic. Wipe down the exterior of the containers with a damp rag to remove dust. All equipment, tools, material, etc. transported through occupied areas shall be made free from dust and moisture by vacuuming and wipe down.

f. Using a HEPA vacuum, clean inside the barrier and vacuum ceiling tile prior to replacement. Any ceiling access panels opened for investigation beyond sealed areas shall be sealed immediately when unattended.

g. There shall be no standing water during construction. This includes water in equipment drip pans and open containers within the construction areas. All accidental spills must be cleaned up and dried within 12 hours. Remove and dispose of porous materials that remain damp for more than 72 hours.

h. At completion, remove construction barriers and ceiling protection carefully, outside of normal work hours. Vacuum and clean all surfaces free of dust after the removal.

E. Final Cleanup:

1. Upon completion of project, or as work progresses, remove all construction debris from above ceiling, vertical shafts and utility chases that have been part of the construction.

2. Perform HEPA vacuum cleaning of all surfaces in the construction area. This includes walls, ceilings, cabinets, furniture (built-in or free standing), partitions, flooring, etc.

1. All new air ducts shall be cleaned prior to final inspection. SPEC WRITER NOTE:

On small projects developed at Medical Center, Engineering Officer may tag items to be removed and stored, instead of noting such items on drawings or in specifications. END OF APPENDIX

APPENDIX C

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. GENERAL

Architects, Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

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

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

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor’s rights to use data as described in Rights in Data – General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met.

If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to terminator or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook

6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1 Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

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

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

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

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

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designation in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration.

Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C.

552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

a. The Systems of Records (SOR); and

b. The design, development, or operation work that the contractor/subcontractor is to perform;

i. Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

ii. Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of SOR on individuals to accomplish an…