SOW 521-24-102 Renovate 2B 2K EDITED.pdf

A/E SCOPE OF WORK

VA Medical Center Birmingham, AL

Renovate Wards 2K/2B for Optometry/Ophthalmology

Project 521-24-102

1. GENERAL:

Provide Architect/Engineer professional services to include design development, construction documents, specifications, cost estimates, construction period services and site visits.

2. PROJECT SCOPE OF WORK:

The project is located at the Birmingham VA Health Care System (700 19th Street South, Birmingham, AL 35233). The main hospital (Building 1) is a twelve-story concrete framed structure constructed in 1949 and opened to patients in 1952. The hospital provides both inpatient and outpatient services. This project will renovate and create a dedicated wing for the Optometry and Ophthalmology clinic.

The renovation and reconfiguration of 2B and 2K (approximately 9,360 square feet) will allow for repurpose space from Mental Health to Specialty Care as well as renovate other Specialty

Care space to improve flow between the former Mental Health area.

The Architect/Engineer (A/E) shall provide professional technical services for the complete design for Project No. 521-24-102 “Renovate Wards 2K/2B for Optometry/Ophthalmology."

Required documents typically include schematics/ preliminary plans, working drawings, specifications, cost estimates, and construction documents (final drawings, specifications, and cost estimate.) The A/E shall prepare design and construction documents, and provide construction period services for demolition, abatement of hazardous materials, construction of interior partitions, architectural finishes, mechanical, electrical systems, plumbing, security and signal systems and all other work necessary to meet current VA standards.

The work will require phased construction and temporary relocation of the current occupants to maintain hospital operations. The A/E shall design for phasing of the construction and temporary relocations of personnel/services (as required) to minimize hospital operations as much as possible.

The project shall incorporate features that meet VA standards for the dignity, security and privacy of patients who utilize the facilities constructed by this project. Minimum standards are provided in Appendix A of VHA Handbook 1330.01, Health Care Services for Women Veterans.

The following tasks shall be performed:

1. Prepare a Program for Design based on the VA’s Space Planning Criteria for a hospital-based

Police SVC and surrounding administrative services. Submit the Program for Design for review and discussion with the VAMC Birmingham staff.

2. Conduct surveys, perform investigations, meet with staff who will be working in the areas being renovated to ensure the renovations meet the space and other needs for the impacted services and prepare documentation of all existing conditions necessary for the design and construction of this project. This task involves fully investigating exterior and interior utility systems that are impacted by this project. The VA will provide information based on past and current projects, however, verification is the responsibility of the A/E.

3. Fully investigate interior spaces, by looking above drop ceilings and other exploratory methods to determine utility locations, plumbing and electrical connections and other information that may impact the project design.

4. Assess existing HVAC, plumbing, fire protection, electrical, communication, security alarm, and medical gas systems (as necessary) in the building to determine whether these existing systems contain sufficient capacity to support renovation. For those building systems which do not contain sufficient capacity to support the renovation, identify upgrades necessary.

5. Prepare designs and construction documents to include but not necessarily be limited to the following disciplines:

• Architecture

• Structural engineering

• Mechanical engineering

• Electrical engineering

• Plumbing engineering

• Fire Protection engineering

• Specialty work.

• Mold or Asbestos Abatement

6. Prepare project construction phasing plans

7. Prepare construction cost estimates

8. Prepare estimated project construction schedule

9. Prepare a project submittal register and include the project submittal register in the construction documents.

10. Conduct a survey and identify asbestos and other hazardous materials for abatement.

11. Meet with VAMC staff to make progress presentations, to discuss design approach, and to respond to inquiries during the design phase of the project.

12. Provide Construction Period Services to include submittal reviews, RFI responses, preparation of supplementary construction documents for modifications, site visits, project meetings, final inspections, and record drawings.

The A/E shall be responsible for the entire design of this project, including confirmation of existing conditions, investigation for the presence of hazardous materials, and a corresponding abatement plan.

The A/E shall prepare written limitations on construction operations and include these construction limitations in the construction documents. Such limitations on construction operations shall ensure the continued safe operation of the existing hospital during construction of the project.

Prepare an infection control risk assessment in accordance with Infection Control Policies and Procedures of this VAMC for each portion of the existing facility that is impacted by the project. Prepare a detailed infection control plan for the construction contractor to follow, based on the results of the risk assessment.

This plan shall be based on medical center infection control policies and shall be site specific for the areas involved in the project.

Provide for Interim Life Safety Measures (ILSM) in the design of the project that are necessary during construction in order that the occupied portions of building 1 will continue to comply with NFPA

101, The Life Safety Code throughout the construction of the project.

3. PROJECT FUNDS LIMITATION:

A detailed cost analysis shall be provided as a deliverable document of this contract to ensure meeting the cost goal. The final construction cost estimate determined at the completion of construction documents will represent the most probable “low bid”.

4. PROPOSED SCHEDULE:

Start Design: As indicated in the Notice to Proceed (NTP)

35% Design Documents due: 45 days after NTP

65% Construction Documents due: 90 days after NTP

95% Construction Documents due: 120 days after NTP

100% Construction Documents due: 150 days after NTP

Final Construction Documents: 180 days after NTP

5. COST ESTIMATING REQUIRMENTS:

a. The A/E shall develop a detailed construction cost estimate, which will be developed simultaneously with each stage of the design and shall be submitted at each stage of the review process. The construction cost estimate shall reflect the expected construction cost and construction time for all work as soon as that work is identified and a reasonable approximation of the required details can be arrived at.

b. The cost estimate shall be broken down into labor, material and equipment costs for work required by the major disciplines, i.e., Architectural, Structural, Mechanical, Plumbing, Fire Protection, and Electrical. The work grouped under each major discipline shall be placed into the appropriate VA Master Construction Specification Division.

c. Each sub-component of an assembly must be identified separately and each component of that sub-assembly's cost must be listed in R. S. Mean’s format. In addition to the printed copy, the A/E shall submit the estimate in Excel electronic spreadsheet format on CD

ROM.

d. The construction cost estimate for this project shall be prepared in conformance with the VA Manual for Preparation of Cost Estimates for Veterans Affairs Facilities and VA Program Guide PG-18-15.

6. PLANNING INFORMATION/STANDARDS:

a. General Codes and Standards: The applicable portions of Government criteria in conjunction with industry standards shall govern the design and preparation of contract drawings, specifications, cost estimate, and design analysis. The design shall also satisfy applicable State of

Alabama criteria. Particular emphasis is placed on the following documents that establish minimum requirements. This includes but is not limited to the following:

1. International Building Code (latest edition)

2. National Fire Protection Association 101 Life Safety Code, (latest edition)

3. International Mechanical Code (latest edition)

4. International Plumbing Code (latest edition)

5. National Standard Plumbing Code (latest edition)

6. The National Electrical Code (latest edition)

7. Guidelines for Design and Construction of Health Care Facilities, latest edition published by the Facilities Guidelines Institute (FGI), American Society of Healthcare Engineering (ASHE)

8. Architectural Barriers Act Accessibility Standards (ABAAS) and the VA Barrier Free Design

Guide (PG 18-13), a supplement to ABAAS

9. United States National CAD Standard and VHA National CAD Standard Application Guide

10. VHA Program Guide 18-1, Master Construction Specifications

11. VHA Program Guide 18-3, Design and Construction Procedures

12. VHA Program Guide 18-4, Standard Details and CAD Standards

13. VHA Program Guide 18-10, VA Design Manuals

14. VHA Program Guide 18-12, VA Design Guides

15. VHA Program Guide 18-14, Room Finishes, Door and Hardware Schedules

16. VA Manual for Preparation of Cost Estimates and Related Documents

17. Physical Security Design Manual for VA Facilities, Mission Critical Facilities

18. Sustainable Design and Energy Reduction Manual (VA Facilities)

19. VHA Handbook 1330.01, Health Care Services for Women Veterans

20. VA Seismic Design Requirements H-18-8

21. Birmingham VAMC Design & Construction Standards

The A/E shall obtain all data necessary to prepare the design documents required. The A/E shall confirm all existing conditions and field verify the as-built drawings provided by the VA. The A/E is wholly responsible for both the accuracy and the level of completeness of the final product and failure to verify information is not acceptable. Information (drawings and other documentation) provided to the A/E by the VA or any other government source shall be used for reference only.

b. Sustainable Design and Energy Reduction: The VA requires that the project comply with The Energy

Policy Act of 2005, Executive Order 13423 (Strengthening Federal Environmental, Energy and

Transportation management), EISA 2007, the VA Sustainable Design and Energy Reduction Manual, and all applicable energy codes and standards. The following requirements apply:

1. Renovation: Reduce the energy cost budget by 20% below pre-renovation 2003 baseline.

The designer shall estimate 2003 baseline energy consumption before the renovation and compare it to the proposed design after the renovation and document the 20% savings. The primary unit for energy budget reporting is the British Thermal Unit (BTU) per square foot of the area to be renovated. The designer shall develop the energy budget as required in ASHRAE 90.1-2007, Appendix G, using the same parameters outlined above for new construction. 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.

2. Specify Department of Energy, Energy Star labeled equipment.

3. Specify equipment that qualifies for utility rebate and/or incentive programs of local utility providers and provide complete documentation required by local utility providers to obtain utility rebates and/or incentives.

4. Design the building envelope, HVAC system and equipment, building service water heating equipment and design, interior and exterior lighting and lighting design, and building and site electrical designs to meet the requirements of ASHRAE 90.1-2007.

5. Provide an Energy Code and Sustainability Review Report, LEED Review Report, and

Life Cycle Cost Calculations as part of the design analysis that is submitted with each design submittal; design analysis shall be in digital form.

6. The A/E must possess design team members with Leadership in Energy and

Environmental Design (LEED) certification and Certified Energy Manager (CEM) certification.

7. The VA will conduct an energy review of each design submittal to ensure compliance with these requirements and provide written comments. The A/E shall provide written responses to the VA energy review comments to indicate the designer’s intention to comply, or the reasons why the comments are not to be included in the project.

7. MEETINGS:

The A/E shall attend meetings at the time and place requested by the Contracting Officer or his/her

Representative. Minutes of the meetings shall be taken by the A/E and submitted to the

Contracting Officer or his Representative. Meetings shall include the following:

a. Pre-Design Meeting - The A/E shall meet with the Contracting Officer and/or his

Representative (from Facilities Management Service), and, if applicable, the Using

Service's Representatives, to determine project requirements, the arrangement of the areas, and to clarify the scope of work.

b. Design Review Meetings-The A/E shall attend meetings with the Contracting Officer and/or his Representative (from Facilities Management Service), and the Using Service's

Representatives during field investigations and for review conferences as needed to advance progress of the work. As a minimum, attend one review conference after each submission of the project design documents.

8. DESIGN SITE VISITS:

The A/E shall visit the proposed project site to obtain the details and specifics of the relevant existing field conditions in order to fully complete the work of this project without omission. Such visits shall include a thorough inspection of normally enclosed or inaccessible areas such as spaces above the ceilings, within walls or chases, in pipe crawl spaces, and in or under basement floors.

Where necessary, A/E shall arrange to have walls or ceilings opened to examine the interior or hidden conditions to provide complete drawings. Arrangements for visits to make inspections should be made by contacting Facilities Management Service, at least 48 hours before the visit.

A minimum of one member of the A/E team shall procure and wear VA issued ID badge at all times. The remaining members shall wear badges approved by the Contracting Officer

Representative (COR). The ID procedure will be discussed at the pre-con meeting.

Contractor shall not take any photographs or videos without the authority of the contracting officer or COR. Contractor, along with VA personnel, shall discuss work assignments and check-in check-out procedures at the pre-con meeting. VA designated employee will escort contractor during work in patient care areas and IT closets.

9. ANSWERING INQUIRIES & ISSUING AMENDMENTS:

The A/E shall provide prompt answers and recommendations to inquiries made by the

Government. In the event of error or omission, The A/E shall issue design amendments to the project documents to clarify the documents. Those amendments required to correct omissions or errors made by the A/E shall be at no additional cost to the Government.

10. DESIGN SUBMISSIONS:

The A/E shall retain file copies of all items forwarded to the Contracting Officer or his

Representative under various design review submissions. The same official of the A/E firm with whom the contract was negotiated shall sign all correspondence with the Contracting Officer or his

Representative. All submissions (drawings, specifications, cost estimates, design analysis, etc.)

shall be legibly identified as the percent (%) of design submission. Each submission shall incorporate the comments made by the VA at the prior review stage.

a. Design Analysis (Basis of Design): Provide design analysis, in letter size format, bound together, and divided into appropriate sections by design discipline. Each design analysis shall describe in detail (with all assumptions specifically identified), (1) the scope of work (as the A/E understands it) with the specific objectives of the project, (2) the applicable Federal, State and Local regulations, codes and standards, with distinction made as to which reviews, approvals and permits are required during the design stage, and which are required before, during and after the construction stage, (3) any preliminary design calculations prepared by each design discipline (architectural, structural, civil, mechanical, electrical, fire protection, and others as necessary), (4) reports of site visits, (5) meeting minutes, and (6) all other relevant data. The design analysis shall be updated through each stage of submission and must reflect any changes in the development of the scope of work due to review comments, formal changes to the contract, or any other communication (written or oral) between the VA and the A/E.

b. Drawings: Base all original drawings on standard VA guidelines. Drawings shall be done in plan view at a minimum scale of 1/8" = 1 '0", where necessary, and generally

1/4" = 1'0" or larger when possible to fit on sheet. Details shall have a minimum scale of

1/4" = 1'0", and if possible, it is preferred larger. All details, title blocks, base plans, etc., shall be drawing as "XREFS" bound to the drawing for submission purposes and final issue only

Drawings shall be independent for architectural, mechanical, electrical, structural, civil, Life Safety, Telecom, and any other disciplines for the project, and shall show, on separate views required demolition and reconstruction details for each function.

Drawings shall be prepared in accordance with United States National CAD Standard and

VHA Program Guide 18-3, VHA National CAD Standard Application Guide. Electronic version of drawings shall be submitted using IBM compatible "AutoCad" 2020 and in

Portable Document Format (.pdf). More recent AutoCAD releases are acceptable, with downwards compatibility to the 2000 release. Final drawings submitted shall be originals, shall be the result of field investigation as described above, and shall not be direct takeoffs or tracings of any drawing provided as information.

Final drawings shall bear the VA title block and nomenclature on sheets as are the sample sheets supplied by the VA. All drawings in a project set shall be on the same type and size sheets. All drawings are required to show existing conditions as of the date of the design submission.

All contract drawings shall be produced with a view to the use of half-size reductions.

Pertinent criteria to assure this result are as follows:

1. Drawings shall provide uniform photographic quality.

2. Minimum lettering height shall be not less than 1/8 inch.

3. Legends and symbols as well as size, spacing and location of notes, dimensions, etc.

shall be such as to produce legible half-size reproductions.

4. No lettering, shading or marking on the reverse side is acceptable.

5. Clearly distinguish between new work and existing work.

6. Graphic scales shall be provided on all drawings.

c. Specifications: Provide complete project specifications, to include all sections of CSI

Divisions 1-50 that, in the opinion of the A/E, are necessary to properly and adequately construct the project by a construction contractor. Specifications shall be based on the

VA Master Construction Specifications using the current 6-digit Master Format numbering system. Specifications shall be prepared in MS Word, IBM compatible format. Review and edit the applicable sections of the specifications as to completeness, relevance, and correctness. Delete references to industry standards and to other specification sections that do not apply to this project. Provide proper cross-references to other specifications that apply to the work.

The intent is to provide specifications that are suitable for the project intention and detailed enough to enable the contractor to perform the work in the best and most cost-effective manner possible. It is equally important that the A/E “edit out" portions of the specifications that add additional cost to the project without additional value or quality.

Not every portion of the master specification is appropriate to this particular project.

Where choice of items is referenced in the specification section, consult with VAMC

Facilities Management Service for direction on which option to select. The construction contractor shall not be provided options or choices to select from but must be provided the specific selection.

Obtain from VAMC Birmingham Facilities Management Service the name and type of specialty materials and equipment that are required for use on the project. All materials shown in the specifications shall, if named specifically by brand or production name, carry the statement "or approved equal" and shall include specific material performance requirements that must be satisfied. Exception may occur due to previously purchased or installed items interacting with new construction. In this situation, items used should be the same as existing or matched accordingly. The VA shall provide information on such items. Specify construction in detail in all the specification sections. Tolerances, and workmanship, shall not be allowed to default to "common industry/construction practices”, or any similar vague standard. The legal precedence of the specifications over the drawings shall not be used to resolve design ambiguities between the drawings or notes necessary for clarity. Any contradiction, ambiguity, or statements subject to various interpretations shall be immediately corrected to reflect a single clear intention.

Incorporate the Birmingham VAMC’s local specification requirements into the specification package including specifications relating to data communications and cabling requirements, Fire wall/smoke barrier penetration permitting requirements, Hot

Work permitting requirements, infection control permitting requirements, fire alarm system requirements, security system, HVAC digital control systems (Metasys), Code

Blue Nurse call systems, PA systems and other local pertinent specifications and general conditions that relate to work and construction at the Birmingham VAMC.

Ensure all specification requirements are consistent with other sections and with information reflected in the drawings or the A/E may be held liable for costs incurred by the government for these and similar A/E design errors and inconsistencies in the specifications and drawings.

d. Construction Duration Schedules: The A/E shall submit with each design submission a schedule for the project indicating construction milestones and long lead items. The schedule will be in sufficient detail to accurately estimate the proper construction duration.

e. Minimum Requirements for Submissions to VAMC Birmingham: The cost of reproduction of all review materials is included in the contract amount. Submissions shall be made to VAMC Birmingham in accordance with the requirements of VA Program

Guide PG-18-15 Volume C, A/E Submission Instructions for Minor and NRM

Construction Program dated May 2006, and the following:

1. SCHEMATIC DESIGN SUBMISSION (35%):

The following quantities of design review material are required:

(a) 1 Electronic copy of drawings & design analysis

(b) 1 Electronic copy of Construction Cost Estimate

(c) 1 Electronic copy VA Master Construction Specifications

2. CONSTRUCTION DOCUMENT SUBMISSION (65%, 95%, 100%):

The following quantities of design review material are required:

(d) 1 set of full-size Plans (Black line on bond paper, suitably bound) and 1 half size Plans.

(e) 1 Construction Cost Estimate

(f) 1 set of Construction Specifications

(g) 1 sets of Design Analysis

(h) 1 copies of the Construction Duration Schedule

(i) 1 copy of A/E responses to VA comments of previous submission

(Mandatory Fire review to be conducted at the VA at 65% submittal)

(j) 1 Electronic Media (digital/cloud) copy of the above documents

3. CONSTRUCTION DOCUMENT SUBMISSIOIN (Final):

Upon completion of all revisions, submit the following items:

(a) 2 Electronic Media (CD ROM) copies of the final project documents, with all project documents recorded on a single CD ROM, and each copy containing the following:

• Drawings on IBM compatible “AutoCad” version 2020 and in Portable Document

Format (PDF)

• Final specifications in Microsoft Word format

• Final specification assembled into a single file in PDF

• Final construction cost estimate in Microsoft Excel

• Final Design Analysis in a single file in PDF

• Construction duration schedule in PDF

(b) 2 full size sets of Plans (Black line on bond paper, suitably bound) and 2 half size set plans

(c) 1 set of printed and bound specifications

f. Delivery Media and Format for Final Documents:

1. Format: CAD Drawings shall be prepared in accordance with VHA Program Guide 18-3, VHA

National CAD Standard Application Guide. A copy of all data and files developed under this project shall be delivered to the Government in digital format. The data files should be provided on compact disk (CD ROM) in ISO 9660 format. A “Readme.txt” file must be included with the delivered digital media that includes normal transmittal information.

2. Label: The external label for each digital media shall contain the following information:

a. Contract Number and date.

b. Format and version of operating system software, name and version of utility software used for preparation and copying files to media.

c. Sequence number of digital media.

d. List of file names on the digital media

3. Quality Assurance/Quality Control: Before a file is placed on the delivery digital media the following shall be performed:

a. Remove all extraneous graphics outside of the border area and set the active parameters to a standard setting.

b. Check to ensure that all reference files are attached without device or directory specifications.

c. All digital files shall be delivered to the Government uncompressed.

d. Include all files both graphic and non-graphic required for the project (i.e. color tables, pen tables, font libraries, symbol libraries, user command files, plot configuration files, AML plot routines, etc.).

e. Make sure that all support files such as those listed above are in the same directory and that references to those files do not include device or directory specifications.

f. Include any standard sheets (i.e. abbreviation sheets, standard symbol sheets, etc.) necessary for a complete project.

g. Document any fonts, tables, symbols, cells/blocks, line styles/types, details, reference drawings, etc., developed by the contractor, or not provided among the Government furnished materials. The contractor shall obtain Government approval before using anything other than the

Government standards.

h. Each finished CAD drawing or map shall have its own separate plot file. The plot file for each finished drawing shall be provided to the Government in a specified plotter configuration.

g. Ownership:

All electronic files created and reimbursed for this project shall be the property of the Department of Veterans Affairs.

11. CONSTRUCTION PERIOD SERVICES:

a. Review of submittals - within ten (10) calendar days after receipt of submittal the A/E shall complete the review of contractor submittals and return the submittals to the VA.

b. Review of requests for information (RFIs) and change order cost proposals, and preparation of supplementary drawings or other documents that may be required to clarify or supplement the contract documents, shall be completed by the A/E within fifteen (15) days after receipt of request.

c. Preparation of as-built drawings by incorporating changes from the marked-up set of prints prepared by the contractor onto the original drawings. As-built drawings to be on IBM compatible

AutoCad version 2020 - within sixty (60) days after receipt of the contractor's marked-up documents.

12. CONSTRUCTION PERIOD SERVICE AND SITE VISIT:

The construction period service will commence with the award of the construction contract and will terminate with the acceptance of the completed construction by the VA. Services shall include the following.

a. The A/E shall provide construction period service which will include:

(1) Timely review (10 calendar days) of shop drawings and material submittals.

(2) Answer inquiries and provide clarifications on design and contract issues such as Requests for

Information (RFIs). Shall be completed by the A/E within fifteen (10) days after receipt of request.

(3) Preparation of cost estimates for any change order or extra work required.

(4) Preparation of as-built drawings by incorporating changes from the marked-up set of prints prepared by the contractor onto the original drawings. As-built drawings to be on IBM compatible AutoCad version 2020 - within sixty (60) days after receipt of the contractor's marked-up documents.

b. An estimated nine (9) A/E site visits will be required, in addition to the final inspection and site visits made necessary by clarification of design, contract, or existing conditions not properly addressed in the contract documents. On each visit a field inspection of all contract work will be conducted and assessment of progress made, and a written inspection report prepared and submitted to the VA Medical Center.

c. The A/E shall participate in the final inspection of the project work upon completion by the contractor.

d. The A/E shall submit a written report to the Contracting Officer or his Representative for each site visit performed. Additionally, the A/E shall maintain a record of site visits, recording thereon the date of each visit, the hours thereof, the purpose of the visit, their personnel involved, VA personnel contacted, and conversations made. The site visits made by the A/E for his own benefit or because of deficiencies in the A/E's performance shall be at no additional expense to the government.

13. RECORDS MANAGEMENT:

a. 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.

b. 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.

c. 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.

d. Birmingham VAMC 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 Birmingham VAMC 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

Birmingham VAMC. The agency must report promptly to NARA in accordance with 36 CFR

1230.

e. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract 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 Birmingham VAMC 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

Paragraph (4).

f. 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 Birmingham VAMC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

h. The Contractor shall not create or maintain any records containing any non-public

Birmingham VAMC information that are not specifically tied to or authorized by the contract.

i. 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.

j. The Birmingham VAMC 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

Birmingham VAMC 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.

k. 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.

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

m. Flow down of requirements to Subcontractors

n. 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.

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

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