SOW 673-26-111 Final.docx

STATEMENT OF WORK

Replace and Relocate Chilled Water Piping SCI 673-26-111

I. SCOPE OF WORK:

A. Contractor shall furnish all necessary professional services, equipment, labor materials, supervision, tools, testing, specialty services, and design-build services to perform a design-build for the NRM Project # 673-26-111, " Replace Relocate Chilled Water Piping SCI" in Building 38 at the James A. Haley VA Hospital, located at 13000 Bruce B. Downs Boulevard, Tampa, Florida, 33612. The work includes, but is not limited to site investigation, design and preparation of drawings, phase planning, specifications, construction, and installation of new chilled water piping on the parking garage level in Building 38 as designed in the hospital areas identified in the project description in this SOW. The DB Team is to include subcontractors performing professional services under this contract, shall perform its services consistent with the professional skill and care ordinarily provided by architects/engineers practicing in the same or similar locality under the same or similar circumstances. The DB Team shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project.

The design phases will include 35%, 65%, 95% and review stages. If the documents do not meet all of the requirements of each submission, then the portions of the documents that are not acceptable by the VA according to the design standards and criteria must be updated by the DB Team prior to moving on to the next scheduled submission.

The VA will provide requested As-Built drawings (in either AutoCAD, PDF, or JPG form) electronically to the A/E as reference for design purposes. The A/E is responsible for reviewing all drawings with the assigned VA representative COR to verify what existing drawings are available and accurate. The A/E shall coordinate with the VA representative COR prior to viewing the drawings located at the VA and shall not remove any documents from the files.

The existing drawings on file at the VA may not be 100% accurate and may not exactly reflect the current conditions of the James A. Haley VA Hospital. It is the responsibility of the A/E to review the existing drawings and verify the existing conditions.

B. Project Description:

Provide services to relocate chilled water pipe out of patient area hallways into the parking garage floor. Provide all new piping, fittings, valves, and pipe hangers. All chilled water pipe and fittings must be welded. Provide pressure and temperature tap wells and gauges, flow meters, new control valves, and y-strainers throughout the building chilled water lines. Provide and install accessible branch rising steam gate isolation valves. Butterfly valves and Victaulic fittings shall not be used. Remove and replace all insulation on all chilled water lines. Seal up all insulation joints or gaps with adhesive glue. Provide pipe hanger insulation protection saddles and shields. Provide all paint and labeling for insulation. Remove connections to existing lines on G floor, drain and cap those lines (cannot create dead legs- must be fully cut and capped from new lines). Contractor is responsible to provide all temporary cooling during all phases of construction to allow the VA to continue operations at minimal interference. Contractor shall perform an initial test and balance of air handling systems and a final test and balance to verify baseline flow rates. Contractor is required to perform value engineering if required to stay with project funding limitations.

The DB Team shall evaluate the project areas to determine if utilities or any other objects will need to be relocated or addressed in the design. The DB Team shall also review the as–Built drawings and the site drawings for the areas affected.

The DB Team shall show a detailed containment plan for infection control for this design. This plan shall be detailed showing locations and what infection control requirements are to be used for each area. The HPMs for Safety and Infection Control will be provided to the D/B Team for their use. Construction barriers will be required for the duration of the construction to isolate patients and staff from dust, debris and construction hazards as determined by the Safety Officer and Infection Control representatives. The D/B Team will also have to indicate these construction barriers on their drawings.

New work includes, but is not limited to designing and preparing drawings, phasing planning, and specifications for all disciplines to replace and relocated the chilled water piping in the hospital campus areas listed in this SOW. The D/B Team will be required to attend phase meetings at 35%, 65%, and 95% to discuss progress with the VA staff. The D/B Team will be required to take meeting minutes and distribute to the VA for approval and as documentation of what was covered in the meeting.

C. Design Tasks (Some disciplines included will have little to no impact on scope of this project. D/B Team shall include as needed to meet project goals):

1. SITE INVESTIGATION: Design Services shall conduct a site survey of the project area to ensure that the design is feasible and without any major obstacles. Available as–built drawings and related other project drawings are available to the DB Team, but field verification by the DB Team must be completed to verify existing site conditions and to collect data as required for design development work to successful completion of design and construction documents.

2. DEMOLITION: The project demolition work may include structural, architectural, electrical demolition to clear space for the new systems. The existing chilled water piping above the patient areas in Building 38 do not need to be completely demolished so interruption to the facility is minimized but must be completely severed from the system and drained to not pose any infection control risks.

3. CIVIL / STRUCTURAL: Work may include architectural modification and structural work. Structural engineering is expected to be completed by a Florida Licensed Structural Engineer for any needed structural reinforcements. All required borings and structural testing shall be completed by the DB Team. The D/B team shall proceed with a structural design that will not impede on pedestrian traffic in patient areas.

4. ARCHITECTURAL: Field verification of elevations and architectural dimensions are crucial to the success of this project, as the existing drawings are best represented. Exterior work must blend into the surrounding buildings and architectural appearances.

Patient and Family Centered Care concepts are to be included in the design of this project. These concepts are outlined in the VA technical information library design guide documents. See paragraph I.D.2 for additional information.

5. INTERIOR DESIGN: The VA Interior Designer will perform all interior color and material selections from the D/B Team’s recommended items. The D/B team will coordinate all interior selections with the VA interior design staff.

6. ELECTRICAL: The D/B team must evaluate the electrical systems serving the design scope area to determine if there is enough, and provide modifications and extensions to the existing electrical systems, security system, communications system, fire / safety system, controls, etc. as needed and with available capacity.

7. PLUMBING/PIPING: The plumbing systems need to be evaluated and updated to meet the latest Plumbing Codes, including VA Legionella guidance. Design modifications, additions and relocations to the plumbing systems and fire protection system must follow the VISN 8 policy and Life Safety codes and other applicable code requirements for a complete certified functional system. Relocation of piping may be needed in certain areas to create optimal path for new Chilled Water lines.

8. HEATING, VENTILATION, AND AIR CONDITIONING (HVAC): The HVAC systems need to be evaluated and updated to meet the latest HVAC Design Criteria. The A/E must evaluate the Chilled Water System and the Hot Water / Steam System serving the design scope area. Relocation of piping or ductwork may be needed in certain areas to create optimal path for new Chilled Water lines.

9. EQUIPMENT: The D/B Team shall coordinate the design work directly with the suppliers / manufacturers of the new equipment to produce a completely designed operational project. All drawings, schematics, and other data available from the equipment suppliers shall be incorporated in the A/E drawings and specifications. The D/B Team is to determine the points of connection between old and new equipment and clearly detail these connections on the drawings.

10. Design the project by using site measurements and verifying site conditions. The D/B Team shall not rely solely on the As–Built drawings.

11. The D/B Team shall provide other documentation (i.e., calculations, reports, recommendations, etc.) that is appropriate to support the design effort and to keep the Government fully informed of all issues or potential problems. Provide computations and sizing calculations for any anticipated new loads, altered loads, and existing loads for electrical, mechanical (HVAC, plumbing, medical gas and steam), sanitary, structural and fire protection designs. For computerized calculations, submit complete and clear documentation of computer programs, interpretation of input / output, and description of program procedures. Provide an investigation and explanation of code requirements incorporated into the design. Furnish a copy of each code quoted or used in the design, when necessary to provide additional understanding of design decisions.

12. The D/B Team shall provide all schedules and tables used on the drawings in MS Excel.

D. Additional Requirements and Information:

1. LIFE SAFETY: Requirement for acquiring and incorporating a Certified Independent Third-Party Safety Professional review of design documents. The D/B Team shall design the necessary Life Safety and Interim Life Safety provisions for impacted areas, both temporary and permanent measures. The D/B Team shall provide and coordinate the review of the Life Safety Provisions of the project design with a third party, independent licensed Fire Protection Engineer. The following areas will be reviewed by the third party:

a. NFPA Code Compliance

b. Environmental / EPA Impacts, Permits, etc.

c. OSHA Compliance (i.e., Excavation, Demolition, etc.)

d. Security Property / Infrastructure Management, Homeland Security, etc.

e. Emergency preparedness

f. Disability Accessibility Compliance

g. National and Local Codes. The D/B Team shall deliver a letter certifying compliance with all Life Safety Codes and Requirements applicable to this project from the third party.

In addition, it is required that the D/B Team update all Life Safety Drawings associated with the designed space and affected by the project.

2. NOTES: NFPA 101 primarily addresses life safety and fire protection features while the IBC addresses a wide range of considerations, including, but not limited to, structural strength, stability, sanitation, adequate light and ventilation, and energy conservation. VA buildings must meet the requirements of NFPA 101 and documents referenced by NFPA 101 in order to comply with the accreditation requirements of the joint Commission. Therefore, designs shall comply with the requirements of the latest edition of NFPA 101 and documents referenced therein. Design features not addressed by NFPA 101 or documents referenced therein shall comply with the requirements of the latest edition of the IBC or as otherwise addressed above in this Program Guide. For design features that are addressed by both the IBC as well as NFPA 101 or a document referenced by NFPA 101, the requirements of NFPA 101 or the document referenced by NFPA 101 shall be used exclusively. This applies even if the IBC requirements are different.

3. Conflicts between Nationally Recognized Codes and Standards and VA Requirements: Should a conflict exist between VA requirements and VA adopted nationally recognized codes and standards, the conflict shall be brought to the attention of the VA. The resolution of the conflict shall be made by the authority having jurisdiction for the VA to ensure a consistency system wide.

4. DRAWINGS: The A/E shall provide electronic copies of drawings at each review step generated in the latest version of AutoCAD or its companion products (digitally signed DWGs) and PDF format in individual sheet files. Include all associated support files (i.e. plot styles, external referenced files, etc.). This facility currently uses AutoCAD 2020. The standard drawing size shall be ARCH E1 (30” x 42”). The format to be used in creating the CAD drawings (i.e. layer / level structure, fonts, font sizing, file naming conventions, etc.) is that of the latest edition of the National CAD Standard (www.nationalcadstandard.org).

a. The D/B Team shall follow these level / layer formats, file – naming conventions, and symbol library.

b. Drawings are to be drawn from the VA’s “As-Built” or construction drawings updated by site verification, not scanned reproductions.

c. The final sets of the new construction drawings, including the film copies, shall be sealed (embossed & ink stamps) and signed by each respective Professional Engineer in their discipline, Industrial Hygienist, Architect and other necessary licensed professional consultants.

5. SPECIFICATIONS: The D/B Team may obtain the list of the complete VA Construction Specifications from the VA Facilities Management Technical Information Library (TIL), which is located at http://www.cfm.va.gov/TIL/spec.asp#02. The Tampa VA has specifications that have been edited for general use at this facility and are the preferred specification to be used. If there are missing specifications sections from the Tampa VA specific specification, then the specifications from the Technical Information Library shall be used. Any specifications that are edited by the contractor shall be submitted to the VA for approval. The edited version of the specification shall be in Microsoft Word in the editing format and all changes shall be in RED. Contact the project COR to obtain a copy of these specifications. This facility will provide the specification sections needed based on the master list provided in the first review. The A/E shall provide the final edited specifications electronically in Microsoft Word and PDF. The format shall be 1.5 spaced, left justified, 2-sided, laser quality, and courier-new size 10 font. The specifications shall be provided in two (2) copies with rubber bands around one (1) of the copies. The remaining copy shall be in a colored, 3- “D”-ring loose-leaf binder, with identification labels on the binding and cover so the project title and number are readily visible and with tabbed dividers between each specification section. Any files submitted electronically (including but not limited to specifications and drawings) shall not have the following characters in their file name: \ /: * ? “ < > | # { } % ~ &.

6. DESIGN SCHEDULES: Design schedules shall be submitted to the VA as an 11x17 Microsoft Projects file at the beginning of the Notice to Proceed, with each invoice for payment and shall never be more than 4 weeks old. Approximate time frames are presented below. Actual timelines submitted for approval should reflect the project complexity and follow the format presented below:

i. Schematics

ii. Begin Design Development (Notice to Proceed): NTP

iii. First Submission of Design Development (35%): NTP + 21 Days

iv. First Review Meeting and Return First Submission: NTP + 35 Days

v. Second Submission (65%) NTP + 49 Days

vi. Second Review Meeting and Return Second Submission: NTP + 63 Days

x. Third Submission Contract Documents (95%): NTP + 77 Days

xi. Third Review Meeting and Return Third Submission: NTP + 91 Days

xiv. Fourth Submission (Deliver Final Contract Documents) (100%): NTP + 105 Days

xv. Fourth Review Meeting and Return Fourth Submission: NTP + 119 Days

xvi. Final design submission: NTP + 133 Days

7. REVIEW MEETINGS: The DB Team is required to attend a design review meeting after each submission during the design process and provide meeting minutes to the VA for approval and distribution.

1. Sections of the documents that are not acceptable by the VA according to the design standards and criteria must be updated by the A/E prior to moving on to the next scheduled submission.

E. COMPLIANCE

· The contractor shall be fully responsible for compliance with all VA, local, state, and Federal occupational safety laws, rules, and regulations.

· The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients.

· The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working procedures.

· All work for the duration of the contract shall be performed by certified trained technicians.

F. CONTRACTOR EMPLOYEES

Contractor personnel shall present a neat appearance and be easily recognized as contract employees. Example: wearing steel toe boots and safety glasses ID badges and or name tags.

G. CONTRACTOR EMPLOYEE IDENTIFICATION

All contractor employees must be clearly identified as contractors (not VA employees) when performing services under this contract. This includes visual (appearance), verbal (phone), and electronic (email). The contractor must provide all employees with a contractor identification (ID) badge at the contractor’s expense prior to performing work under this contract. Contractor employees are always required to display this badge when performing services under this contract.

Employees released from service by the contractor must have their badge collected by the contractor. All badges must contain an expiration date and photograph of the employee.

All contractor employees must also be required to wear VA issued badges and must always display these badges while in the performance of this contract and/or as instructed by the COR.

The contractor supervisor must ensure that all contractor employees display their VA issued badges.

The contractor supervisor must be responsible for managing all VA issued badges provided to contractor employees and immediately collect these badges from employees no longer working on the contract.

H. CONTRACTOR EMPLOYEE CONDUCT

· The contractor is completely responsible for all actions and conduct of their employees. Contractor employees must be well-groomed and neat in appearance.

· Contract employees must be professional in attire and must not wear any offensive clothing.

· Contractor employees must conduct themselves in a socially acceptable manner appropriate for an office work environment; Loudness, vulgarity, rudeness, smoking, or other similar offensive conduct by a contractor employee may be grounds for denying the employee further access to VA premises.

· Contractor employees must not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract.

I.CONTRACTOR RESPONSIBILITY

· The contractor shall obtain all necessary licenses and/or permits as required to perform this work.

· He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

· He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Florida.

· Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

J. UNSCHEDULED REPAIRS AND EMERGENCY SERVICE:

· Contractor shall provide a telephone number for repair services assistance. Contractor shall notify the COR immediately if the telephone number is changed.

· Contractor shall respond to emergency repair calls with their installation/warranty by phone normally within two (2) hours but no more than four (4) hours. Contractor shall provide an on-site response time of no more than four (4) hours or next business day if call is made after 1:00 p.m. and be required to repair the equipment and place it back in service within twenty-four (24) hours after notification by telephone call (unless another specified time is agreed to by the COR placing the service call request). Response time is defined as time contractor is first notified until the time vendor arrives on station. Failure to meet the required on-site response or repair time shall allow the Government an option to contact a third-party vendor to provide services. Costs for services provided by a third party shall be billed against the Contractor.

K.CONTRACT AWARD MEETING:

· The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a Kickoff Meeting or advised the contractor that a kickoff meeting is waived.

L.PERIOD OF PERFORMANCE:

· This shall be a firm-fixed price contract. Warranty period for the installation and repair will be provided as part of the original contract documents for the project.

M. CHANGES TO THE Statement of Work

· Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder with all other products of the project. Costs incurred by the contractor through the actions of parties other than CO shall be borne by the contractor.

N. Performance Requirements:

· Contractor shall provide the necessary personnel and equipment to meet or exceed required service. Contractor shall have the following responsibilities:

· Provide licensed and trained personnel to perform the project in the State of Florida.

· Provide all supervision, labor and materials to complete all requirements described in this SOW.

· Contractor shall obtain all necessary licenses and permits required to perform this work required by this SOW, with each having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour Construction Outreach Training or General Industry Outreach Training.

· Contractor shall take all precautions necessary to protect persons and property from injury and/or damage during performance of this contract.

· Contractor shall be responsible for any injury to their employees as well as for any damages to personnel or Government property that occurs during the performance of this contract that is caused by the Contractor’s fault or negligence.

· Contractor shall insure that all areas where equipment is serviced under this contract are left in a clean, neat and orderly condition.

· Contractors shall have technical training and evident track records of working experience in Nurse Call and related components in healthcare, industrial, educational, or commercial facilities for a minimum of five (5) years.

· Contractors shall possess and utilize all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform all work safely, effectively, and timely. Tools, equipment, and PPE shall comply with OSHA Standard 29 CFR 1910, (Subpart I), and NFPA 70E. Prior to initiating work, the Contractor shall provide documentation demonstrating that all instruments, test equipment, tools, and PPE possess current calibration and safety inspections. Dated calibration and safety inspection labels shall be visible on all equipment as applicable

· Arrange and pay for all proper disposal of waste and debris.

· Maintain project schedule agreed upon in the purchase order documents.

· Provide all OSHA site safety for each employee during work.

· Contractor employees shall have background checks completed.

O.DELIVERABLES

· The Contractor shall perform the services necessary to complete the tasks in accordance with the procedures described in a timely and professional manner, consistent with industry standards, at the location, place and time that the VA has set aside, and all in accordance with the SOW and RFP documents.

· Contactor shall provide a copy of the inspection document used (field report) on the day of each performed inspection.

P.TESTING SPECIFICATIONS

· All testing/inspections of the shall be in accordance with applicable industry standards and manufacturers recommendations. The initial test schedule shall be submitted to the COR no later than 10 days after award. The inspection schedule shall be submitted to the COR sixty (60) days prior to the start of the next inspection.

Q.PERFORMANCE STANDARDS

· Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection and monthly monitoring. At the end of each option year, A Contractor Performance Assessment Reporting System (CPARS) will be sent to the contractor. The contractor has the right to either agree or respond. This reporting applies to this contract. https://www.cpars.gov/, https://www.acquisition.gov/.

R.ROLES AND RESPONSIBILITIES:

· Contracting Officer (CO) - A person duly appointed with the authority to enter, administer and terminate contracts on behalf of the Government. The CO is the only person who can legally commit the Government and only the CO, as the Government's agent, can modify the contract/order. The CO is the final authority for determining the adequacy of the Contractor's performance. CO decisions arising under or relating to the contact are final.

· Contracting Officer's Representative (COR) — An individual designated in writing by the CO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor's performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority' rests solely with the CO. The COR’s primary duty is to monitor the Contractor's performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the COR will report the unacceptable performance to the COR. The COR is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

· METHOD OF SURVEILLANCE: Simplified methods of surveillance will be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic assessments of service and customer feedback.

· Periodic Assessment of Services — For services that occur over several months, the COR shall evaluate contractor performance on a quarterly basis and upon completion of services. Generally, the Government will rely on the Contractor's Quality Control system to ensure that services conform to contract quality requirements before they are tendered to the Government for acceptance.

· Customer Feedback — Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. To be considered valid, the customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR will investigate the complaint; if determined valid, the COR will advise the CO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file.

S.SURVEILLANCE PROCEDURES:

· The COR will evaluate the Contractor's performance quarterly against Performance Standards established in the contract/order. Evaluations will be to the extent practical to assure the contractor provides quality services IAW the requirements of the contract. Evaluations could be evaluation, /validation of contractor supplied performance data, as well as analysis of Customer feedback, for performance trends and to ensure valid customer concerns are resolved timely.

· If at any time the COR receives indicators (e.g. Valid customer complaints or notes Performance Standards are not being met) that the Contractor's performance is less than acceptable, the COR will investigate to determine if this is a onetime issue that has been promptly corrected, or if the discrepancy is systemic in nature. If the issue is determined to be an isolated occurrence, the COR will continue with Quarterly Evaluations. If the issue is recurring and systemic in nature, the COR will perform more frequent evaluations.

· The COR will notify the Contractor each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR will record the contract requirement, the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The Contractor will be given two working days after notification to correct the deficiency in accordance with requirements of the contract. Deficiencies that cannot be corrected within two working days will be reported to the Contracting Officer.

· The COR will re-examine services that are found deficient. Failure to complete corrective actions will be reported immediately to the CO for further action. Upon satisfactory completion of the work, the COR will accept the services provided and authorize payment, by approving the Contractor's invoice in Wide Area Workflow.

T.SURVEILLANCE STANDARD:

· The Performance Standard set forth in the SOW and Line items is the standard the Contractor must meet for services to be deemed acceptable. Generally, under commercial services contracts, the Government is relying on the Contractor's assurances that the services conform to contract requirements. Consistent with FAR 52.212-4, Contract Terms and Conditions, (a) Inspection and Acceptance, the Contractor shall only tender for acceptance those services that conform to the requirements of the contract/order. The Government may require re-performance of nonconforming services at no increase in contract price. The Government reserves the right to refuse acceptance of nonconforming services. In no case, shall the Government's right to inspect services under the inspection provisions of the contract be prejudiced.

U. SECURITY CLAUSES:

With No Sensitive Data but Requires Training

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

NARA RM CONTRACT LANGUAGE CLAUSE

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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

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

4. James A Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [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 James A. Haley Veterans’ Hospital and Clinics 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).

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

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with James A. Haley Veterans’ Hospital and Clinics policy.

8. The Contractor shall not create or maintain any records containing any non-public James A. Haley Veterans’ Hospital and Clinics information that are not specifically tied to or authorized by the contract.

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

10. The James A. Haley Veterans’ Hospital and Clinics 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 James A Haley Veterans’ Hospital and Clinics shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #4192704, Records Management for Everyone. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

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

V. Flowdown of requirements to Subcontractors

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

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

II. BACKGROUND AND PURPOSE

A. The Medical Center Spinal Cord Injury Building # 38 main distribution chilled water lines have reached the end of its useful life cycle. A risk mitigation revealed the bolts and fittings on the chilled water pipe in the SCI Unit have failed. Additionally, the lines are run above the ground floor, despite the AHUs being located in the basement of the building. To reduce risk of flooding, the chilled water lines need to be relocated to the basement. This project is to improve the long and short-term safety and reliability of the chilled water distribution pipes while bringing the SCI building up to current VA Specifications.

B. The purpose of this project is to mitigate risk due to failure of bolts and Victaulic fittings as well as future ease of maintenance

III. COMPLETION TIME

A. Project must be completed within 365 days of notice to proceed.

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