SOW_596-335.pdf

Lexington VA Health Care System – Franklin R. Sousley Campus 2250 Leestown Road 9/12/2024 Lexington, KY 40511

ARCHITECT-ENGINEER DESIGN STATEMENT OF WORK

Construct New Radiation Oncology Building

PROJECT NO: 596-335

PROJECT NAME: Construct New Radiation Oncology Building

ESTIMATED CONSTRUCTION COST: $17,500,000

**The Certification and Accreditation (C&A) does not apply, a Security Accreditation Package is not required**

1. GENERAL INTENT:

The Contractor (herein referred to as “A-E”) shall provide Architect-Engineer (A-E) services to design a construction project at the Lexington VA Health Care System – Franklin R. Sousley campus in accordance with this design statement of work.

2. SCOPE OF WORK:

Through the President’s Budget, the Department of Veterans Affairs is funded to establish high quality cancer initiatives, programs, and new services which meet the goals and objectives of the Cancer Moonshot. This includes expanding Radiation Oncology clinical services and improving existing services. This project is part of a national initiative to expand access for Veterans to receive high quality Radiation Oncology services throughout the Veterans Health Administration. It is a nation-wide initiative that will work with individual sites to support, plan, budget, and monitor the acquisition of capital assets required for program expansion in partnership with the National Radiation Oncology Program (NROP).

A-E Part One Services (also known as Design Phase Services) for this design project include site visits, field investigation, studies, and user interviews to prepare drawings, specifications, and cost estimates for all facets of work and disciplines/trades to facilitate a construction project to construct 14,000 gross square feet for a Radiation Oncology Clinic at the Lexington VA’s Franklin R. Sousley Campus. Project will include adequate space and safety requirements for two (2) Linear Accelerators within shielded vaults, one (1) Computer Tomography (CT) based simulator, office space, control room spaces, dedicated waiting, utility spaces and all required ancillary support spaces. Facility will be required to be on 100% generator backup that will be provided as a part of this project. Procedure and exam rooms will be required to have oxygen, medical air and vacuum.

A-E Part Two Services (also known as Construction Period Services) for this design project include responding to construction contractor Requests For Information (RFIs) during the solicitation (solicitation support) and construction phases of the construction project; attendance at pre-bid, post-award, and commissioning kick off construction project conferences; review of construction material submittals and shop drawings; approximately one (1) site visits per month during construction (both scheduled and emergent) to ensure compliance with the design drawings and specifications; coordination with project commissioning requirements; review of any construction project modifications for cost and technical acceptability; attendance and participation during the final acceptance inspection; preparation of the punch list; and preparation of record drawings of the completed construction project based on the construction contractor’s as-built drawings. The A-E shall prepare a submittal log to be utilized by the VA during construction period services, maintain RFI log and shall prepare statements of work and independent cost estimates for modifications at the direction of the Government. A-E to provide assistance for revision of Kentucky Air Emissions Permit, see Section 13 for further detail on assistance required.

All Part Two Services are optional line items and will not be exercised at the time of award.

The above paragraphs constitute a basic outline of the work to be accomplished, and in no way comprise all the details for design of this project. The A-E shall initiate detailed inspection of the project site to determine the needs and conditions for the design of this project. Copies of Lexington VA Health Care System – Franklin R.

Sousley campus record drawings will be made available to the highest rated A-E firm; the A-E will verify the validity of the record drawings prior to the start of design work and conduct site investigations as necessary throughout the design. SOW Attachment 03 - Lexington VA Health Care System Franklin R. Sousley Campus Map will give the A-E firm a basic understanding of the Franklin R. Sousley VA Health Care System Campus.

The A-E shall be solely responsible for the management, including all associated labor, equipment, materials, mailing costs, and inspection, to meet the requirements of the design project. The A-E shall further provide meeting minutes for all meetings held under this design project and shall prepare and maintain a log of all VA comments related to design submittals along with the A/E's responses to those comments.

Third party commissioning will be awarded on a separate contract for this project. The AE and its representatives are expected to work together with the VA to execute concurrence of recommendations made by the Cx agent.

A radiation consultant/specialist is required to be a member of the AE team. The radiation consultant/specialist shall be a Qualified Medical Physicist who has demonstrated expertise in structural shielding design and evaluation for megavoltage radiotherapy facilities. A Qualified Medical Physicist is someone that has earned a master's or doctoral degree in physics, medical physics, biophysics, radiological physics, medical health physics, or equivalent disciplines from an accredited college or university and has been granted certification in the specific subfield(s) of medical physics with its associated medical health physics aspects by an appropriate national certifying body and abides by the certifying body's requirements for continuing education.

3. DESIGN WITHIN FUNDING LIMITATIONS:

The A/E shall design this project such that the cost of construction will not exceed the design within funding limitation set forth in FAR clause 52.236-22 and will be responsible to evaluate and determine to what degree this budget can accomplish the scope and priorities stated for this project. The construction project is anticipated to be awarded in the winter of 2026. The construction contract will most likely be awarded to a Service-Disabled Veteran-Owned Small Business (SDVOSB) through a best value procurement process. A/E cost estimates for the project shall be representative of the cost to make an award to a general contractor for construction and should therefore include such items as overhead and profit of general and sub-contractors. The A/E shall be required to design the project with at least ten (10) percent of the estimated cost/scope of the project identified as deductive bid alternates to provide some flexibility at the time of the construction procurement.

4. DESIGN INDEPENDENCE, FURNITURE, AND EQUIPMENT:

Designs for construction must produce a “complete and usable” facility or improvement when constructed. VA policy (VHA Office of Capital Assets Management, Engineering and Support memo Updated Construction Guidance and Expectations dated Sep 12, 2016) requires the A-E to certify that their design (including all bid alternates/bid deducts) is independent of any future construction project. In addition, the A-E must certify that it has produced a design that does not include furniture and equipment that will be procured separately. Equipment that can be part of the design includes those items to meet code requirements for building occupancy; items covered in the VA’s Master Construction Specifications (PG-18-1) Divisions 1 through 10, 13 through 26, or 28 through 48; non- IT equipment items covered by Division 27; and items covered by Division Numbers 12 31 00, 12 32 00, 12 34 00, and 12 36 00.

The A-E shall submit as part of the Final Bid Documents submittal a signed letter on company letterhead stating the design’s independence.

5. DESIGN CRITERIA:

The VA Technical Information Library (TIL) available at http://www.cfm.va.gov/til/index.asp is managed by the VA Office of Construction & Facilities Management and is the master repository for all VA Numbered Standards for Construction to include design and construction specifications, procedures, standard details, BIM/CAD standards, equipment guides, space planning, and design guides. The documents of the TIL shall be the minimum design criteria for all VA projects performed in the construction of new facilities and the modernization, alteration, addition, or improvement of its real property. All design documents shall be developed in accordance with the VA TIL, including (but not limited to) the following listed Department of Veterans Affairs References:

PG-18-1 Master Construction Specifications

PG-18-3

Design and Construction Procedures [Including but not limited to: Codes, Standards, and Executive Orders]

PG-18-4 Standard Details and CAD Standards PG-18-5 Equipment Guide List H-18-8 Seismic Design Requirements PG-18-9 Space Planning Criteria

PG-18-10

Design Manuals (by discipline) [Including but not limited to: Guiding Principles checklists as indicated for Minor Projects in Sustainable Design Manual, Life Cycle Cost Analysis]

PG-18-12 Design Guides (graphical, by function) PG-18-13 Barrier-Free Design Standard PG-18-14 Room Finishes, Door, and Hardware Schedule PG-18-15 A-E Submission Requirements PG-18-17 NEPA Interim Guidance for Projects H-7545 VA Cultural Resource Management Procedures PG-18-12 Radiation Therapy Services

The following references should also be used to complete the design documents:

The Franklin R. Sousley campus is classified as a historic district, and the A-E shall assist with Section 106 compliance for this project. This includes completion of Cover Sheet for Section 106 Review and Compliance (See SOW Attachment 05) and all required tasks for its submission. This includes the KHC Preliminary Site Check as well as the OSA Preliminary Site Check and any associated costs.

http://www.cfm.va.gov/til/index.asp http://www.cfm.va.gov/CFM/TIL/spec.asp http://www.cfm.va.gov/CFM/TIL/cPro.asp http://www.cfm.va.gov/CFM/TIL/sDetail.asp http://www.cfm.va.gov/CFM/TIL/equip.asp http://www.cfm.va.gov/CFM/TIL/seismic.asp http://www.cfm.va.gov/CFM/TIL/planning.asp http://www.cfm.va.gov/cfm/til/dManual.asp http://www.cfm.va.gov/cfm/til/dGuide.asp http://www.cfm.va.gov/CFM/TIL/accessibility.asp http://www.cfm.va.gov/cfm/til/room/RoomFinishes.pdf http://www.cfm.va.gov/til/aeDesSubReq.asp http://www.cfm.va.gov/til/etc/NEPAGuidance.pdf http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=584&FType=2

Per SOW Attachment 07 outlining LFUCG Ordinance “Reduction of Soil Erosion” Chapter 16, Article X, Division 5, this project will require a LFUCG Land Disturbance Permit (LDP). A-E shall follow SOW Attachment 06 for roles and responsibilities in the LDP process. A-E shall also be prepared to assist contractor for preparation of ESC Plan, SWPPP or other required documents as a part of construction period services.

This project is anticipated to include the installation of new equipment that will require modification to the existing Kentucky Air Emissions Permit. A-E shall assist the VA in the submission of the permit modification application. See Section 13 for requirements as a part of CPS.

There are additional technical requirements for this project that slightly differ from PG-18-12 and other VA resources. Review SOW Attachment 08 – Additional Technical Requirements. This documents outlines additional requirements for the design and construction of this facility that are not clearly identified in the VA’s TIL.

Where conflicts exist between VA adopted codes and standards, and the documents on the TIL, the A-E shall bring this to the attention of the VA. The resolution of the conflict shall be made by the authority having jurisdiction for VA to ensure consistency department-wide. Any modifications to the design guide during the design process must be noted and followed by the A-E.

6. DESIGN COLLABORATION:

During this design project, the A-E shall collaborate with the Lexington VA Health Care System, VISN 09, and the Independent Life Safety Review Agent (LS Agent) for the project. Design submittal comments from these contractors, if concurred with by VA, shall be incorporated into the design. VISN deliverables shall be coordinated with the A-E’s design submittals to ensure compliance with all requirements is met. The A-E is required to ensure all elements of the design adhere to the Life Safety Code prior to the Independent Life Safety review.

7. INDEPENDENT LIFE SAFETY REVIEW:

The A-E shall incorporate any comments from the VA 3rd party life safety review.

8. ENVIRONMENTAL PROTECTION:

The A-E shall assist the VA with completion of a National Environmental Policy Act (NEPA) assessment as required by the Lexington VA Health Care System. If the NEPA assessment results in potential environmental impacts, the A-E shall be responsible for completing any auxiliary documentation required per PG-18-17, NEPA Interim Guidance for Projects located on the TIL (http://www.cfm.va.gov/til/etc/NEPAGuidance.pdf). Additional requirements may include, but are not limited to, Environmental Assessment, Environmental Impact Statement, and Record of Decision. The NEPA analysis and concluding documentation must be completed by the Final Bid Documents submittal.

9. PHYSICAL SECURITY:

The A-E must include a certified physical security specialist. The specialists must be involved with the design, beginning with the concept phase, and the qualifications must be submitted to the COR for review and approval prior to the concept/basis of design phase. The specialists shall meet the specific requirements listed in the VA http://www.cfm.va.gov/til/etc/NEPAGuidance.pdf

Physical Security and Resiliency Design Manual (PSRDM) revised 01 May 2024, located on the TIL (https://www.cfm.va.gov/til/PhysicalSecurity/dmPhySec.pdf). The A-E shall ensure that all applicable aspects of the VA PSRDM are incorporated into the design and shall prepare a written report acknowledging compliance as required by the VAMC. The A-E must inform the COR of any physical security items that will be difficult to achieve during the concept/basis of design phase and assist the VA with waiver requests as necessary.

10. TELECOMMUNICATIONS DESIGN: In accordance with “Infrastructure Standard for Telecommunications Spaces (ISTS) Version 4.0, Dated: June 1, 2023 (https://www.cfm.va.gov/til/dguide/OIT-InfrastrucStdTelecomSpaces-v4-0.pdf). Telecommunications design must be performed and stamped by a BICSI Registered Communications Distribution Designer (RCDD) for all projects.

10. SUBMITTAL REQUIREMENTS:

Design submittals shall follow the requirements of Program Guide, PG-18-15, Volume C, A-E Submission Instructions for Minor and NRM Construction Program dated November 2008. This document is included as SOW Attachment 02.

The A-E shall deliver design submittal documents that follow the iterative phase breakdown for design work in PG-18-15 and as additionally specified below. Specific requirements for each discipline/work product listed under each phase can be found in PG-18-15. It is expected for the phase of design that each of the checked items in the SD/DD/CD columns will be completed for the submittal. The A-E shall attend a review meeting following each design submittal as indicated under the Project Schedule section of this Statement of Work. Each new submittal will incorporate all VA comments from the previous submittal.

The following submittals will be required for this project:

Meeting agendas

Meeting Minutes

Quality Assurance/Quality Control (QA/QC) Plan

Basis of Design (BD) - 10% - In addition to the requirements in PG-18-15, a Basis of Design is required.

Basis of Design is a narrative presentation of facts, sufficiently complete, to demonstrate that the project concept is fully understood, and that subsequent design details and their ultimate presentation in the final drawings and specifications will be based on sound architectural and engineering decisions. Two (2) site locations are to be surveyed and evaluated for suitability of placement of the new facility. Two (2) conceptual floor plan options shall be provided for the VA’s review. Basis of design will include cost estimates for both facility locations and floor plan options.

Schematic Design (SD) - 35%: draft investigation reports, design calculations, space planning data, and cost estimate. Completed Historic Preservation Cover Sheet.

Design Development (DD) - 65%: draft investigation reports, design calculations, space planning data, and cost estimate.

https://www.cfm.va.gov/til/PhysicalSecurity/dmPhySec.pdf https://www.cfm.va.gov/til/dguide/OIT-InfrastrucStdTelecomSpaces-v4-0.pdf

Construction Documents (CD) - 95%: draft investigation reports, design calculations, space planning data, and cost estimate.

Final Bid Documents (Bid) - 100%: final investigation reports, design calculations, space planning data, and cost estimate.

11. DRAWING FORMAT:

All drawings shall adhere to VA project software requirements for Building Information Modeling (BIM) and Computer Aided Design (CAD) available at http://www.cfm.va.gov/til/projReq.asp. BIM software shall be Revit 2019 or the latest version available to Lexington VAMC.

The A-E shall provide a computer 3D model and prepare various 3D renderings to present to VA throughout the design phase to adequately represent architectural, mechanical/electrical/plumbing (MEP), site conditions, and other items in the design to aide with facility visualization and contractor coordination.

The project BIM model minimum requirements shall be developed to include the systems described below as they would be built and the processes of installing them, and to reflect record drawing conditions (possibly incorporating into the Lexington VAMC’s Master Record Drawing – pending facility expertise). The deliverable model at the SD, DD, and CD design phases shall be developed to include as many of (but not limited to) the systems described below as are necessary and appropriate at that design phase.

Architectural/Interior Design

Square Footage/Volume

Room Names and Numbers

Architectural Schedules

Architectural Specialties and Woodwork

Doors

Windows

Louvers

Roof

Floors

Ceilings

Vertical Circulation

Walls/Curtain Wall Sizes, Shapes, & Material Data

General Signage

Schedules

Furniture

Equipment

Structural

Foundations

Mechanical

HVAC

Plumbing

Electrical/Telecommunications

Power and Lighting

Other Engineering Data as Required

Exterior Building Information

Nurse Call System

Security System Information (Access Control, Security Cameras, Panic Alarms, Overhead Paging)

Life Safety Information (Fire Extinguishers, Wall Ratings, Door Ratings, Fire Protection/Alarms)

Departmental Ownership (By Common Name, Capital Asset Inventory Department Definition, and Strategic Capital Investment Program Department Definition)

12. SUBMITTAL FORMATS:

http://www.cfm.va.gov/til/projReq.asp

Submittals shall be provided in electronic and hard copy formats as listed below. Portable Document Format (.pdf), Microsoft Office Suite formats (.doc, .xls, and .ppt), Microsoft Project (.mpp), and Autodesk Revit Project (.rvt) files are acceptable. The A-E must establish a submittal exchange service or SharePoint site to provide all electronic copies of required submittals. The A-E must ensure the submittal exchange service is accessible by VA personnel and provide station personnel and Contracting with the information necessary to access the service. Submittals shall additionally be compliant with Section 508 of the Rehabilitation Act (29 U.S.C. '794 d); information on the requirements for accessible media can be found at https://section508.gov/. The A-E shall be responsible for providing:

Meeting/Conference Agendas and Minutes

Agendas and other required documents for all status update meetings will be provided to the Post-Award CO/CS and COR a minimum of 24 hours in advance of the meeting. At the initial status update meeting, the frequency of subsequent status update meetings will be established and mutually agreed to by the contractor, VA station personnel, and the Post-Award CO/CS.

Meeting minutes for all formal meetings and conferences held with the VA, including weekly construction meetings. Meeting minutes shall be submitted within three (3) calendar days of the meeting or conference. All documents in any of the electronic formats listed above.

Minimum meeting minutes requirements

• Project name, project number, meeting host, meeting name

• Date, time, meeting ID, call-in number, duration, and consecutive number of total related meetings

• Participant list (name, title, phone number (office and mobile), email, attended meeting (yes/no))

• Meeting purpose, roll call, COVID-19, and additional items

• Agenda items (decisions, action items, and fixes or next steps)

• Next meeting date and time

• Detailed attachment list

Construction Cost Estimates

Construction cost estimates shall comply with the VA Manual for Preparation of Cost Estimates & Related Documents for VA Facilities dated February 1, 2019, located on the TIL (http://www.cfm.va.gov/cost/index.asp).

All estimates in any of the electronic formats listed above.

Quality Assurance/Quality Control (QA/QC) Plan

• All documents in any of the electronic formats listed above.

Basis of Design (BD)

• All documents in any of the electronic formats listed above.

• Four (4) half-size paper bond sets of drawings to VA.

https://section508.gov/ http://www.cfm.va.gov/cost/index.asp

Schematic Design (SD)

• All documents in any of the electronic formats listed above.

• Four (4) half-size paper bond sets of drawings to VA.

• Completed Historic Preservation Cover Sheet (SOW Attachment 05).

Design Development (DD) and Construction Documents (CD)

• All documents in any of the electronic formats listed above.

• Memo annotating what was not upgraded and corresponding justifications.

• Four (4) half-size paper bond sets of drawings to VA.

Final Bid Documents (Bid)

• PDF files of drawings, specifications, and any miscellaneous design analysis documents, such as submittal log, calculations, final investigation reports, space planning, and physical security compliance report.

• Certified memo annotating what areas/times were not upgraded and the corresponding justifications.

• Certified memo that the A-E design is independent of future projects and includes all equipment required for the project to be activated/fully functional.

• Word files of specifications. PDF DOR stamped Spec book.

• Revit and AutoCAD files of drawings.

• Two (2) full-size paper bond sets of drawings to VA

• Three (3) half-size paper bond sets of drawings to VA

• Excel file and PDF final construction cost estimate.

13. OPTION ITEM REQUIREMENTS:

Solicitation Support Services

Pre-bid site visit to include meeting and project walk around. This is the meeting where contractors are invited to the job site to visually inspect the construction site in order to accurately develop a construction bid package.

Answer any technical questions/requests for information (RFIs) received from contractors over the duration of the solicitation, including questions asked during the site visit. Questions from contractors may come at multiple times and cover several questions over the course of the solicitation period.

Technical question responses will be provided to the Contracting Officer who will distribute the information via amendment to the solicitation.

Answers to RFIs will be required from the A-E within seven calendar days of the date the questions are sent to the A-E from either the project COR or CO.

Throughout the solicitation period, the A-E shall provide addenda as necessary if required to revise specs and drawings.

In response to any technical questions and/or addenda issued during the solicitation period, the A-E shall provide any final revisions to the 100% FC CD as part of the construction contract. These documents shall be labeled Final Construction.

Construction Period Services (CPS)

Requests for Information (RFI)

Requests for Information shall be submitted within seven calendar days of submittal to the A-E.

Submittal Reviews

Submittal reviews shall be submitted within seven calendar days of submittal to the A-E.

Air Emissions Permit modification

A-E shall assist in the Kentucky Air Permit revision application for all new equipment to be added that may create air emissions to include generators, water heaters, boilers and other fuel fired equipment. Upon receipt and approval of all submittals from the construction contractor, A-E shall create a complete set of applicable DEP7007 series application forms for the VA to submit to the Kentucky Division of Air Quality.

See Attachment 04 for the most recent permit application completed.

LFUCG Land Disturbance Permit

A-E shall be prepared to assist construction contractor while they apply for LDP on LFUCG website.

Assistance may include preparation of KYR10, ESC Plan (or SWPPP) and other applicable permits with the LDP application. See SOW Attachment 06 for LDP process.

Site Visit Reports

Site visit reports shall be submitted within three (3) calendar days of the visit. All documents in any of the electronic formats listed above.

Modification/Change Order Requests

At the direction of the Government, the A/E shall perform any (or all) of the following services for proposed change orders (PCO), requests for equitable adjustment (REA), and requests for proposals (RFPs). Services include: review, comment, and recommendation of acceptance or rejection of PCO.

Analysis of PCO shall include scope and cost comparisons to original CD set and ECC during solicitation.

Government acceptance of PCO shall initiate an A/E task for applicable documentation; including some or all of the following - SOW, revised/added/omitted Spec and/or Drawings, calculations or other technical deliverable as needed, and estimated cost. A/E is responsible for resourcing appropriately for adequate expertise. A/E may also be tasked with providing technical and cost expertise in evaluating REA and shall provide review, comment, and recommendation, to include counter-position. RFP services include some or all of the following: production of SOW, revised/added/omitted Spec and/or Drawings, calculations or other technical deliverable as needed, and estimated cost. Cost estimates shall include a breakdown of costs in detail, quantities, and unit prices, cover both additions and deductions of labor, materials, and equipment, and have applicable markups for general conditions, bonds, insurance, profit, and other commonly approved price calculations. A/E to provide documents in any of the electronic formats listed herein. Modification requests shall be submitted within seven calendar days of submittal to the A-E. Note:

If major modification, VA will provide additional time and document format guidance.

Punch List

Punch list shall be submitted within seven (7) calendar days of the final acceptance inspection. All documents in any of the electronic formats listed above.

Record Drawings

Record drawings shall be delivered to the VA within thirty (30) calendar days after VA acceptance of the construction project. One full size paper bond set of drawings, Autodesk Revit Project (.rvt) format and AutoCAD (.dwg) format.

14. PROJECT SCHEDULE/PERIOD OF PERFORMANCE:

The A-E shall perform Part One Services/Design Phase work according to the schedule shown below. The A-E is also responsible for following Specification Section 01 32 16.01, Architectural and Engineering CPM Schedules, located in SOW Attachment 01. If a due date on the timeline below falls on a Holiday or Weekend, the submittal shall be due the following business day. The remaining timeline will not be shifted to accommodate Holidays or Weekends.

Notice of Award (NOA) 0 calendar days after NOA NOA + 0 days

QA/QC Submittal & 10% BD Submittal 42 calendar days after NOA NOA + 42 days

QA/QC & 10% BD Review Meeting 14 calendar days after VA receipt of 10% Submittal NOA + 56 days

35% SD Submittal 35 calendar days after VA acceptance of 10% Submittal NOA + 91 days

35% SD Review Meeting 21 calendar days after VA receipt of 35% Submittal NOA + 113 days

65% DD Submission 35 calendar days after VA acceptance of 35% Submittal NOA + 147 days

65% DD Review Meeting 28 calendar days after VA receipt of 65% Submittal NOA + 175 days

95% CD Submission 35 calendar days after VA acceptance of 65% Submittal NOA + 210 days

95% CD Review Meeting 21 calendar days after VA receipt of 95% Submittal NOA + 231 days

Final Bid Documents Submittal 28 calendar days after VA acceptance of 95% Submittal NOA + 259 days

Final Bid Documents Acceptance 21 calendar days after VA receipt of BD NOA + 280 days

If 95% CD Submittal is not accepted due to insufficient design requirements throughout the design period and additional time is deemed necessary, it is the responsibility of the A-E firm to cover all costs associated with such delays.

Part Two Services/Construction Period Services (optional Line Items) shall be performed for the length of time between the time the option(s) are exercised and acceptance of Construction Completion. The VA has 180 calendar days from the acceptance of the design to exercise solicitation support services, with an expected duration of 120 calendar days. The VA has 365 calendar days from the completion of solicitation support services to exercise the option(s) for Construction Period Services.

15. CONTRACT OVERSIGHT:

Only a warranted VA Contracting Officer shall have authority to change the terms and conditions of a contract.

These changes may involve the contract award amount, contract period of performance, issuance of stop work orders, and changes to the statement of work.

PCAC shall designate a Contracting Officer’s Representative (COR) to monitor and manage the A-E’s performance under the design project contract. The COR shall be a representative of the Lexington VA’s Engineering team and have the technical knowledge required to monitor and oversee the project.

A COR from the Lexington VA’s Engineering team shall also be designated for the construction project contract.

This designation under the construction contract shall be considered equivalent to the industry standard of “Owner’s Representative” and does not supersede or eliminate the A-E’s responsibility for Part Two Services/Construction Period Services. The A-E ultimately shall be responsible for any errors and omissions with the design discovered during and after the construction phase.

17. RECORDS MANAGEMENT

Applicability

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

Definitions

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

The term Federal record includes Lexington VA Health Care System (LVAHCS) records. Does not include personal materials applies to records created, received, or maintained by Contractors pursuant to their LVAHCS contract.

May include deliverables and documentation associated with deliverables.

Requirements

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C.

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

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

552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

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

LVAHCS 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 LVAHCS 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 LVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

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

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 LVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

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

The LVAHCS 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 LVAHCS 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.

Flow Down of Requirements to Subcontractors

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

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

SOW ATTACHMENTS:

The following documents are attached to this SOW for A-E use and incorporation into the project documents:

01 32 16.01 Architectural and Engineering CPM Schedules (SOW Attachment 01)

Program Guide, PG-18-15 Volume C - A-E Submission Instructions for Minor and NRM Construction Program dated November 2008 (SOW Attachment 02)

Lexington VA Health Care System Sousley Campus Map (SOW Attachment 03)

Sample Air Emissions Permit Application Revision (SOW Attachment 04)

Kentucky Heritage Council Cover Sheet for Section 106 Review and Compliance (SOW Attachment 05)

Land Disturbance Permit (LDP) Infrastructure Development Process (SOW Attachment 06)

Summary of LFUCG Ordinance “Reduction of Soil Erosion” (SOW Attachment 07)

Additional Technical Requirements (SOW Attachment 08)

End of SOW